Terms of Service

Last Updated: September 11, 2019

Introduction

1.1 This Jiny Terms of Service (the “TOS”) governs your use of Jiny’s website and related Jiny software and services (collectively the “Services”)

1.2 The Services are provided by Jiny, Inc. (“Jiny”), a Delaware corporation.

1.3 Agreements entered into between Jiny and its Developers, partners and vendors may provide for additional terms related to the treatment of certain information of end users and data generally by Jiny.

Using Our Services

2.1 By using the Services, you agree to the terms of the TOS. Please read the TOS carefully. Do not use the Services if you do not agree to all of the terms of the TOS.

2.2 Subject to your remaining in full compliance with the TOS, Jiny hereby grants to you a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling you to use and enjoy the benefit of Services as provided by Jiny, in the manner permitted by the TOS. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless prohibit those restrictions, or you have Jiny’s written permission.

2.3 You shall not, and shall not permit any third party to:(i) use the Services except to the extent permitted above;(ii) modify or create any derivative work of any part of the Services;(iii) permit any third parties to use the Services other than contractors with your specific business need; or(iv) market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services.

2.4 Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.

2.5 Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. The TOS does not grant you the right to use any branding or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.

License To Jiny

3.1 By using the Services, you grant Jiny a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of your data solely in order to enable you to use the Services. Jiny shall have the right to aggregate and anonymize your data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies. Jiny shall have no right to use your data for any other purpose or share your data with anyone other than you.

3.2 Jiny may use your name in any of the customer lists and testimonials, solely for the purpose of identifying you as a customer of Jiny.

Modification And Termination Of Services

4.1 Jiny may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.

4.2 Jiny reserves the right to change or modify any of the terms of the TOS at any time, in its sole discretion, by posting changes at jiny.io/legal (or another URL that Jiny may provide from time to time). You are responsible for regularly visiting the TOU to review any changes. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified TOS, you should discontinue use of the Services.

Third Party Software

5.1 Jiny makes no warranty of any kind to you or any third party with respect to any third party software used by you in conjunction with the Services. You are solely and exclusively responsible for all licenses and costs for all third-party software that you use. All integration and use of and problems caused by or resulting from your use of any third party software in conjunction with the Services is your sole and exclusive responsibility, and Jiny shall have no responsibility or liability with respect thereto.

Disclaimer Of Warranties

6.1 Other than as expressly set forth in the TOS, the Services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind. You agree that your use of the Services is at your risk

6.2 JINY MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY JINY AND WAIVED BY YOU. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES, OR THE RESULTS FROM THE SERVICES.

Limitation Of Liability

7.1 IN NO EVENT SHALL JINY, ITS AGENTS OR EMPLOYEES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE GOODS OR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) RELATING TO THE SERVICES, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER JINY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Idemnification

8.1 You and any business or third party subject to the TOS through your use shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Jiny and its directors, officers, employees, agents, stockholders and affiliates (collectively, “indemnified parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to(i) any violation of the TOS or Privacy Policy,(ii) your use of the Services, including the use of any other application, software or hardware in conjunction with the Services, or(iii) the unauthorised use of the Services.

Miscellaneous

9.1 The TOS controls the relationship between Jiny and you. They do not create any third party beneficiary rights

9.2 If there is a conflict between the TOS and additional terms, the additional terms will control for that conflict

9.3 If you do not comply with the TOS and Jiny does not take action right away, Jiny is not giving up any rights that Jiny may have (such as taking action in the future).

9.4 If it turns out that a particular term of the TOS is not enforceable, this will not affect any other terms of the TOS.

9.5 The the laws of the state of California, excluding California’s conflicts or choice of laws rules, will apply to any disputes arising out of or relating to the TOS. All claims arising out of or relating to the TOU of the Services shall be litigated exclusively in federal courts of San francisco, California, and you and Jiny consent to personal jurisdiction in those courts.

In case if you have queries, write to legal@jiny.io