TERMS AND CONDITIONS

Last updated: December 22, 2022

Jot Technology Solutions Inc provides a contact management solution accessed through the Jot™ App and the Jot™ Portal (when available). Jot™ allows Users to quickly and efficiently import, manage and view and share contact information for people with whom they have an active business interests, instantly view meeting notes before interactions and create actionable items based on those interactions for easy access, follow up and tracking. Jot™ enables users to create meaningful interactions and nurture strong, long-term business relationships.

 

YOU MUST READ AND AGREE TO COMPLY WITH THE FOLLOWING TERMS OF USE PRIOR TO USING JOT™

The following terms of use, together with any policies, documents and additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website including any content, functionality, and services offered on or through www.jottech.app (the “Jot Tech Website”); (b) the Jot™ mobile application (the “Jot™ App”); (c) the Jot™ web-based interface (the “Jot™ Portal”), (d) the Jot™ web-extension (the “Jot Extension”), and (e) any text, pictures, media, data, text, information and other materials or content (collectively, the “Content”) contained on, provided through, or in connection with the Jot Tech Website, the Jot™ App or the Jot™ Portal; (collectively, the “Jot Tech Solution”).

These Terms of Use form an agreement between Jot Technology Solutions Inc. (“Jot Tech”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Jot Tech Solution (“use” or “using” in these Terms of Use will mean any of the foregoing). All of the terms herein are subject to applicable law. The laws of certain jurisdictions may limit or vary the terms herein, and in such case, the terms of applicable law prevail.

BY USING THE JOT TECH SOLUTION IN ANY WAY OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE JOT TECH SOLUTION.

IF YOU ARE USING THE JOT TECH SOLUTION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

 

1. Changes to these Terms of Use and the Jot Tech Solution

We reserve the right, in our sole discretion, to change these Terms of Use at any time and we reserve the right to make such changes without prior notice. When we change these Terms of Use, we will notify you by posting a notice on the Jot Tech Solution and/or emailing you, and post the new version on the Jot Tech Solution. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Jot Tech Solution. Otherwise, your continued access to or use of the Jot Tech Solution after any changes to these Terms of Use indicates your acceptance of such changes.

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2. User Account and Identification

(a) To access features and functionality of the Jot Tech Solution, you have to successfully sign up for a User account using the available interfaces of the services, and select a User name (which may be your email address) and password login credentials (the “User ID”). Your mobile phone number associated with the device on which you access the Jot™ App will also be used by Jot Tech to validate your identity. The information you provide in creating your User ID and the mobile phone number and any email address you provide must be accurate, complete and truthful and it is up to you to keep this information current. Jot Tech cannot be responsible for any inability to communicate with you and provide the Jot Tech Solution if you fail to keep your account information accurate and up to date.

(b) You are responsible for maintaining the security of your User ID and you will not grant access to or otherwise share your User ID with any other person, except a person who you authorize to act on your behalf and for whose behaviour you assume full responsibility.

(c) Jot Tech is entitled to act on instructions received through your account. Jot Tech is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID whether you have authorized that other party or not. You are solely responsible for any and all use of your User ID and all activities that occur under or in connection with the User ID. You agree to be responsible for any act or omission of anyone that accesses the Jot Tech Solution under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.

(d) Your access to features and functionality of the Jot™ App will vary depending on whether you are using the Basic Plan, which is free to Users, or the Premium Plan, which is a subscription plan that offers enhanced features and functionality. A description of the differences between the Basic Plan and the Premium Plan may be found at https://jottech.app/pricing. Payment for the Premium Plan may be made through the Apple App Store, the Google Play Store, or the Jot Tech Website, depending on how you subscribed.  If you have subscribed for the Premium Plan and you do not renew it, or if your payment for your subscription cannot be processed for any reason (e.g., due to an expired or invalid form of payment), your access to the Jot™ App features and functionality will immediately revert to the Basic Plan features and functionality, and you will be unable to access your User Content (defined in Section 4 below) stored in the cloud. Your User Content will be stored in the cloud for six (6) months after your Premium Plan ends to enable you to re-start your Premium Plan and re-access your User Content in the cloud. After that, your User Content will be deleted from the cloud storage in accordance with our Privacy Policy. It is your responsibility to download and save your User Content while your Premium Plan is active as Jot Tech is not able to access your User Content. Jot Tech has no liability to you in respect of any lost or deleted User Content.

(e) We reserve the right to disable any User ID issued to you at any time in our sole discretion. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Jot Tech Solution and your account or other accounts, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.  If we take any of the foregoing actions, you may be prevented from accessing the Jot Tech Solution (or any portion thereof) pending resolution of the security risk or non-payment.

 

3. Electronic Communications

(a) When you use or view the Jot Tech Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the Jot Tech Solution. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(b) If you elect to receive text messages through the Jot Tech Solution, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Jot Tech Solution.

(c) By creating an account to access the Jot Tech Solution, you acknowledge and agree that Jot Tech will send you service-related notifications, e-mails or texts relating to your account, including service updates. These communications can be managed through user features made available through the Jot Tech Solution from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), Jot Tech will be unable to provide you the features and functionality of the Jot Tech Solutions and from that time forward, you must stop using the Jot Tech Solution. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your e-mail address so that you continue to receive all communications without interruption.

(d) If you are a member of our mailing list you may also receive email communications from us regarding our products, services and initiatives, including opportunities to upgrade your plan or to try out features which are not part of your current plan. If permitted by applicable law, we will include you on our mailing list when you register for a User account or otherwise if you elect to be on our mailing list. If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications. You can also manage these communications in your preferences in your User account or by contacting us in the manner described below. You do not have to agree to receive promotional e-mails in order to use the Jot Tech Solution.

 

4. User Content, User Data, Privacy and Security

The Jot Tech Solution allows you to create, store and manage information, such as your contacts, notes and messages, as well as information you may add to your account to personalize it, such as photos or images (all such information that you add, import and create in your User account is your “User Content”).

In the course of using the Jot Tech Solution, you also provide Jot Tech with information to enable us to manage and administer your account, such as when you set up your User ID, manage your preferences, pay for your Premium Plan or request technical support. We also collect certain data based on your use of the Jot™ App or the Jot Tech Web, including through the use of “cookies” and through data analytics of the Jot™ App. All such data and information supplied by you or collected by Jot Tech is “User Data”. 

User Content and User Data are handled in accordance with our Privacy Policy and our Cookie Policy.

(a) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any User Data: (i) to develop, enhance and make available the Jot Tech Solution both generally and to you; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”).

(b) We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind.

(c) Please review our current Privacy Policy, available at [INSERT LINK] which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use.

(d) We reserve the right to remove, edit, limit, or block access to the User Data at any time and from time to time, and to disable or terminate your account, any User ID, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. If we block access to your account you may be prevented from accessing your User Content.

(e) To the extent permitted by applicable law, Jot Tech will not be liable for any failure to store, or for loss or corruption of your User Content or User Data.

(f) You represent and warrant to us that your User Data will only contain Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Jot Tech Solution.

(g) You represent and warrant that you will handle all User Content in compliance with all applicable laws. You further represent and warrant to us that: (a) you own or control the appropriate rights in and to your User Content; and (b) you will not submit, upload, or otherwise make available via the Jot Tech Solution, any User Content that: (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (iii) breach or violate any applicable laws or these Terms of Use.

 

5. Promotional Offers

We may run promotional offers from time to time on the Jot Tech Solution. The terms of any such promotion will be posted within the Jot Tech Solution. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

 

6. Ownership of the Jot Tech Solution

(a) Neither these Terms of Use nor your use of the Jot Tech Solution grants you ownership in the Jot Tech Solution or the Jot Tech Content you access through the Jot Tech Solution. “Jot Tech Content” includes all text, pictures, names, logos, video, links, media, data, information and other materials or content contained on, provided through, or in connection with the Jot Tech Solution. Jot Tech and Jot™ are the trade names and marks, respectively of Jot Technology Solutions Inc.. Any trademarks, graphics or logos appearing in or on the Jot Tech Solution are the exclusive property of Jot Tech (or its third-party suppliers) and may not be used in any manner without our express written consent. These Terms of Use do not grant you any right to use Jot Tech’s trademarks or other brand elements or any other Jot Tech Content. All right, title and interest, including intellectual property rights, in the Jot Tech Solution, the source code in the software we use to provide the Jot Tech Solution (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Jot Tech (or our third-party suppliers, if applicable).

(b) The Jot Tech Solution and all materials provided by us hereunder are licensed and not “sold” to you. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence during the Term to use the Jot Tech Solution, including to download and display local Jot Tech Content solely in connection with the services offered by Jot Tech and in accordance with these Terms of Use. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Jot Tech Solution by you will constitute a material breach of these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by Jot Tech.

(c) The Software and all other materials provided by us hereunder, including the Jot Tech Content are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Jot Tech Solution, the Software or Jot Tech Content provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.

(d) Any use of third party software provided in connection with the Jot Tech Solution will be governed by such third parties’ licenses and not by these Terms of Use.

 

7. Your Responsibilities

In connection with your use of the Jot Tech Solution, you are responsible to:

(a) maintain the security of your User ID and login as described in Section 2;

(b) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account;

(c) not use anyone else’s User ID at any time, without the permission of the User ID holder; and

(d) not attempt, in any manner, to obtain the password, account, or other security information from any other User.

 

8. No Unlawful or Prohibited Use

You will not use the Jot Tech Solution in violation of these Terms of Use or of any applicable law. You agree to use the Jot Tech Solution in compliance with these Terms of Use. You will not, without our prior written permission, use the Jot Tech Solution for any purpose other than to access and use the Jot Tech Solution for its intended purposes described herein. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly (including by allowing, encouraging or inducing anyone else to):

(a) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Jot Tech Solution (e.g., a denial of service attack);

(b) attempt to gain unauthorized access to the Jot Tech Solution, or any other User’s account, or bypass any security measures of the Jot Tech Solution;

(c) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on or through the Jot Tech Solution any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, such determination to be made in Jot Tech’s sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (x) contains information about an identifiable individual who has not given their consent for such use by you;

(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Jot Tech Solution or any part thereof or otherwise attempt to discover any source code; use the Jot Tech Solution for the purpose of building a similar or competitive product or service;

(e) in any manner violate the terms of use of any third party website that is linked to the Jot Tech Solution, including, but not limited to, any third party social media website;

(f) impersonate or attempt to impersonate the Jot Tech Solution, a Jot Tech employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Jot Tech Solution, or which, as determined by us, may harm Jot Tech or Users or service providers of the Jot Tech Solution or expose them to liability;

(h) promote any illegal activity or advocate, promote, or assist any unlawful act;

(i) run maillist, listserv, any form of auto-responder or “spam” on the Jot Tech Solution, or any processes that run or are activated while you are not logged into the Jot Tech Solution, or that otherwise interfere with the proper working of the Jot Tech Solution;

(j) encourage any other commercial activities, including, without limitation, any "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

(k) publish, market, advertise or in any way distribute the Jot Tech Solution or the Jot Tech Content;

(l) use the Jot Tech Solution to stalk, attempt to exploit, harass or harm another individual (including a minor) by exposing them to inappropriate content or otherwise;

(m) cause annoyance, inconvenience, or needless anxiety or use the Jot Tech Solution in a manner that is likely to upset, embarrass, or alarm any other person; or

(n) mirror or frame the Jot Tech Solution or any Jot Tech Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

9. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Jot Tech Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Jot Tech Solution.

 

10. Feedback

You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Jot Tech Solution or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

 

11. Third Party Content, Websites or Services

(a) The Jot Tech Solution may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access the Jot Tech Solution from third party systems. Jot Tech does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. Jot Tech does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Jot Tech’s control, and if you choose to access any such content, websites, or services, or to access the Jot Tech Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

(b) Your interactions with organizations and/or individuals found on or through the Jot Tech Solution, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law Jot Tech is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

12. Malicious Code and Security

The downloading and viewing of Jot Tech Content or User Content shared by other Users is done at your own risk. We do not guarantee or warrant that the Jot Tech Solution is compatible with your computer system or mobile device or that the Jot Tech Solution, or any links from the Jot Tech Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Jot Tech Solution.

 

13. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE JOT TECH SOLUTION AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE JOT TECH SOLUTION AND PRODUCTS AND SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE JOT TECH SOLUTION AND PRODUCTS AND SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE JOT TECH SOLUTION.

IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY JOT TECH FOR WHATEVER REASON, EVEN IF JOT TECH HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Jot Tech WILL NOT BE LIABLE TO YOU. AS SOON AS JOT TECH HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, JOT TECH WILL USE REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.

 

14. Non-Reliance

You acknowledge and agree that:

(a) Jot Tech does not guarantee that the Jot Tech Solution will upload, import or download User Content from or to other systems accurately or that its features, including e-mail verification will render correct and up-to-date information respecting your contacts;

(b) any records of a particular contact may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information; and

(c) the inclusion of any third party’s product of service on the Jot Tech Solution is not an endorsement of such product or service by Jot Tech and does not in any way mean that Jot Tech has conducted any due diligence or other investigation regarding the product or service.

 

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOT TECH or our affiliates or our or their respective officers, directors, shareholders, employees, contractors, agents, licensors, licensees and services providers and any successors (collectively THE “JOT TECH PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE JOT TECH SOLUTION OR THE INABILITY TO MAKE USE OF THE JOT TECH SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JOT TECH SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE JOT TECH SOLUTION.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE JOT TECH PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

 

16. Release

You are solely responsible for your interactions with other Users of the Jot Tech Solution including for any User Content that you share, and any and any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses suffered by you as a result of your interaction with other Users. You must resolve all disputes directly with other Users. To the maximum extent permitted by applicable law, you hereby release the Jot Tech Parties from any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses suffered by you as a result of your interactions with any other User. You hereby expressly waive and relinquish all rights and benefits under any law of any jurisdiction with respect to the release of any unknown or unsuspected claims you may have against the Jot Tech Parties pertaining to the subject matter of this Section 16.

 

17. Indemnification

You will defend, indemnify and hold harmless the Jot Tech Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

(a) Your User Content, Feedback and User Data;

(b) your use of the Jot Tech Solution including sharing of User Content (except to the extent prohibited by law);

(c) your breach of any provision of these Terms of Use or any documents referenced herein;

(d) your violation of any law or the rights of a third party (including intellectual property rights); or

(e)            any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Jot Tech Solution.

Jot Tech reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Jot Tech Solution.

 

18. Term and Termination; Survival

(a) These Terms of Use will commence on the day you first use the Jot Tech Solution and will continue for as long as you use the Jot Tech Solution or until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, Jot Tech may suspend or terminate your rights to access or use the Jot Tech Solution including to access your User Content in Jot Tech’s sole discretion, for any reason, including if Jot Tech in good faith believes that you have used the Jot Tech Solution in violation of these Terms of Use or have engaged in fraudulent activity. You may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Jot Tech Solution, subject to the survival of certain provisions identified below. For greater certainty, if you continue to use any portion of the Jot Tech Solution, these Terms of Use will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the benefits of the Jot Tech Solution. After any suspension or termination, you may or may not be granted permission to use the Jot Tech Solution or re-establish an account.

(b) If you delete your Jot Tech Solution account, we will save your profile information in case you decide to restore your account (which you can do within six (6) months of de-activating your account). You understand that any termination of your Premium Plan account will involve deletion of any User Content stored in your account’s cloud storage for which Jot Tech will have no liability whatsoever.

(c) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Section 4 (User Content, User Data, Privacy and Security), Section 6 (Ownership of the Jot Tech Solution), Section 10 (Feedback), Section 12 (Malicious Code and Security), Section 13 (Disclaimer), Section 14 (Non-Reliance), Section 15 (Limitation of Liability), Section 16 (Release), Section 17 (Indemnification), Section 18(c) (Survival), and Section 19 (General Provisions).

 

19. General Provisions

(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Jot Tech Solution, notwithstanding your domicile, residency or physical location. You will only use the Jot Tech Solution in jurisdictions where the Jot Tech Solution may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Jot Tech Solution. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(b) Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Jot Tech Solution. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(c) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(d) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

(e) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

(f) Dispute Resolution. If you believe that Jot Tech has not adhered to these Terms of Use, please contact Jot Tech using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

(g) English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

 

20. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at hi@jottech.app  

 

21. Apple App Store Additional License Terms

If the Jot Tech Solution is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Jot Tech Solution and content thereof is governed by these Terms of Use.

Notwithstanding anything to the contrary hereunder, you may use the Jot Tech Solution only on an iPhone or iPod touch that you own or control.

You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Jot Tech Solution.

In the event of any failure of the Jot Tech Solution to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Jot Tech Solution (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Jot Tech Solution, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.

Any claim in connection with the Jot Tech Solution related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.

Any third party claim that the Jot Tech Solution or your possession and use of the Jot Tech Solution infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Jot Tech Solution.

Name: Jot Technology Solutions Inc.
Address: 304 – 120 Parliament Street, Toronto, Ontario. M5A 0N6
Email Address: hi@jottech.app

Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.

If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

 

22. Google Play

If the Jot Tech Solution is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

You acknowledge that Google is not responsible for providing support services for the Jot Tech Solution.

If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.