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EFFECTIVE AS OF 24th Nov, 2023 Terms of Service Thanks for taking a look at Jsonify! These terms of service govern your use of our products. References to our products in this terms of service refer to all of our products and services, including our apps, websites, and software. In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information. Our Mission Give more time back to business owners and executives so they can focus on growing and enjoying their business. We offer free and paid products and hope you’ll purchase one of our paid products. We don’t sell your data. Who We Are Read more at https://www.jsonify.co Paid Accounts Billing: You can upgrade your account to access paid features, which would turn your account into a Premium account. When you do that, we’ll automatically bill you from the date you convert to a paid account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we’ll charge tax when required. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. Refunds and and Downgrades: You may cancel or downgrade your Jsonify Premium account at any time. Email paul@bieh.net. Changes: We may change the fees in effect but will give you advance notice before those changes take effect. Any change in prices will apply to your next billing cycle. Your Ownership of Your Data and the Limited Permissions You Give Us User Content refers to the text you enter, upload, and transmit when you use our products. You own your User Content; Jsonify doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content. You grant us a license to your User Content for the limited purposes of: Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our suggestion engine); Protecting our products (for example, to analyze patterns in usage to prevent abuse); Customizing our products (for example, to create personalized suggestions for you); Developing new products or features (for example, creating our tone detector); and The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers. The license you grant us is: Worldwide (so you can access your User Content from anywhere in the world); Non-exclusive (meaning you own your User Content and can also license it to other people or companies); Royalty-free (meaning we don’t pay you for it); and For as long as intellectual property laws protect your User Content. The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as providing writing suggestions and autocorrecting words) your User Content. The license you give us also permits our service providers to assist us in doing this. Jsonify does not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws). Termination We reserve the right to suspend or terminate your access to our products with notice to you if: (a) you have breached these terms. (b) you use the products in a manner that would cause a real risk of harm or loss to other Jsonify users or us, or (c) you don’t have a paid account and haven’t accessed our products for 12 consecutive months. We won’t provide notice before termination where we believe that: (a) you’re in material breach of these terms (b) doing so would cause us legal liability or compromise our ability to provide our products to our other users, or (c) the law prohibits us from providing notice. When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination. Discontinuation and Modification of Products We are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content. Third-Party Websites Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. Jsonify isn’t responsible or liable for those websites, products, or services. Beta Products We sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them. Warranty Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Jsonify, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “Jsonify ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Jsonify ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. Jsonify’S AFFILIATES AND THE Jsonify ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION. Limitation of Liability IN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE Jsonify ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE Jsonify ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Jsonify AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the Jsonify Entities’ liability is limited to the maximum extent permissible in your country of residence. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. Jsonify’S AFFILIATES AND THE Jsonify ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION. Resolving Disputes Let’s try to sort things out first. Before filing a claim against Jsonify, you agree to try to resolve the dispute informally by contacting paul@bieh.net. We’ll try to resolve the dispute informally by contacting you via email. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We both agree to arbitrate. You and Jsonify agree to resolve any claims relating to these terms or our products through final and binding arbitration NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration. Controlling Law Danish law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws. Miscellaneous Legal Terms Entire Agreement These terms make up the entire agreement between you and Jsonify, Inc., regarding your use of our products. They supersede any prior agreements. Waiver, Severability, and Assignment Jsonify’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. Jsonify may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products. Modifications to These Terms From time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our products. If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. When you use Jsonify’s products, you’re trusting us to handle your personal information with care. We take that trust seriously. This Privacy Policy describes how we collect, use, and protect your personal information. When we refer to our products in this Privacy Policy, we’re referring to all of our products and services, including our apps, websites, and software.
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