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.
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.
(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”.
(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.
(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.
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
(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.
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
(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;
(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.
11. Third Party Content, Websites or Services
(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.
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.
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
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.
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.
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);
(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.
18. Term and Termination; Survival
(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.
19. General Provisions
21. Apple App Store Additional License Terms
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.
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: email@example.com
22. Google Play
You acknowledge that Google is not responsible for providing support services for the Jot Tech Solution.