TERMS OF SERVICE
Last updated
July 11, 2026
AGREEMENT TO OUR LEGAL TERMS
We are JB Software ( 'Company', 'we', 'us', or 'our')
, a company registered in
France
at 200 RUE DE LA CROIX NIVERT
, PARIS
75015
. Our VAT number is FR19102351848.
We operate the website
https://sassylitchi.com
(the 'Site'), the mobile application Sassy
Litchi (the 'App' ), as well as any other related
products and services that refer or link to these legal terms (the
'Legal Terms') (collectively, the 'Services').
You can contact us by email at support@sassylitchi.com
or by mail to 200 RUE DE LA CROIX NIVERT , PARIS 75015 , France
.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ('you'), and JB Software , concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to
make changes or modifications to these Legal Terms from time to time .
We will alert you about any changes by updating the 'Last updated'
date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your continued use
of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for
the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the 'Content'
), as well as the trademarks, service marks, and logos contained
therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services 'AS
IS' for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
'PROHIBITED ACTIVITIES
' section below, we grant you a non-exclusive, non-transferable,
revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: support@sassylitchi.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions
Please review this section and the 'PROHIBITED ACTIVITIES
' section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ( 'Submissions'), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission ;
- warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree
to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary;
(3) you have the legal capacity and you
agree to comply with these Legal Terms;
(4) you are not a minor in the
jurisdiction in which you reside ; (5) you
will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorised purpose; and (7) your use of
the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree
to keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgement, appear to be placed by dealers,
resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
cancelled. You consent to our charging your payment method on a
recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is monthly.
Cancellation
All purchases are non-refundable. You can cancel your
subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid term. If
you have any questions or are unsatisfied with our Services, please
email us at support@sassylitchi.com.
Fee Changes
7. SOFTWARE
We may include software for use in connection with our Services.
If such software is accompanied by an end user licence agreement (
'EULA'), the terms of the EULA will govern your use of the software.
If such software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable licence to
use such software solely in connection with our services and in
accordance with these Legal Terms. Any software and any related
documentation is provided 'AS IS' without warranty of any kind, either
express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal
Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may
not be used in connection with any commercial endeavours except
those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ( 'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' ).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences .
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post
content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, 'Contributions'
). Contributions may be viewable by other users of the
Services and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with
the Services' Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous , slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the
Services.
10. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process,
and use any information and personal data that you provide following
the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you
should not make any conclusions as to the legality of conduct; (7) you
may not post any false or misleading statements; and (8) you may not
organise a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable
right and licence to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
review.
12. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the App on wireless electronic devices owned or controlled by
you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application
licence contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules,
or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the App;
(5) use the App for any revenue-generating endeavour, commercial
enterprise, or other purpose for which it is not designed or intended;
(6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same
time; (7) use the App for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a
substitute for the App; (8) use the App to send automated queries to
any website or to send any unsolicited commercial email; or (9) use
any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an 'App Distributor' ) to
access the Services: (1) the licence granted to you for our App is
limited to a non-transferable licence to use the application on a
device that utilises the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this
mobile application licence contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that
is subject to a US government embargo, or that has been designated by
the US government as a 'terrorist supporting' country and (ii) you are
not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g. if you have a VoIP application,
then you must not be in violation of their wireless data service
agreement when using the App; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application licence contained in these Legal
Terms, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions
in this mobile application licence contained in these Legal Terms
against you as a third-party beneficiary thereof.
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a 'Third-Party Account') by either:
(1) providing your Third-Party Account login information through the
Services; or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose
your Third-Party
Account login information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party service
provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and
store (if applicable) any content that you have provided to and
stored in your Third-Party
Account (the 'Social Network Content') so that it is available on
and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive
from your Third-Party
Account additional information to the extent you are notified when
you link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you
have set in such Third-Party
Accounts, personally identifiable information that you post to your
Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to
such Third-Party
Account is terminated by the third-party service provider, then
Social Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a
Third-Party
Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you
of those contacts who have also registered to use the Services. You
can deactivate the connection between the Services and your Third-Party
Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained
through such Third-Party
Account, except the username and profile picture that become
associated with your account.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
sassylitchi.com/privacy
. By using the Services, you agree to be bound by
our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in France . If you access
the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
France
, then through your continued use of the Services, you are
transferring your data to
France
, and you expressly consent to have your data transferred to and
processed in
France
.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted following the
laws of France , and the use of the United Nations
Convention of Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you
are a consumer, you additionally possess the protection provided to
you by obligatory provisions of the law in your country to residence.
JB Software and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Paris, which means that you may make a
claim to defend your consumer protection rights in regards to these
Legal Terms in France , or in the EU country in which you
reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a 'Dispute'
and collectively, the 'Disputes') brought by either you or us
(individually, a 'Party' and collectively, the 'Parties'), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be Paris or
Marseille, France . The language of the proceedings shall be English or
French. Applicable rules of substantive law shall be the law of France .
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US
DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal
Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful
act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defence and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defence of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss
or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You
hereby waive any and all defences you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
JB Software
200 RUE DE LA CROIX NIVERT
PARIS 75015
France
13. SOCIAL MEDIA