Terms of service
What is Jupitee?
(Last updated on January 19, 2016)
Jupitee Private Company (“Jupitee P.C.”, “we” or “us”) have created a platform named “Jupitee” to enable you to develop and manage iPhone, iPad and Android applications (the “Mobile Application”). Information about the features and operation of Jupitee can be found on its website available at http://jupitee.com (the “Site”). The mobile application management is done through our web Content Management System available at cms.jupitee.com (the “CMS”). We also provide related hosting services. As used in this document “Jupitee” refers to the Mobile Applications, the hosting services, the Site and the CMS. By using all or any part of Jupitee you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Please read this Agreement carefully before accessing or using Jupitee.
By accepting this agreement, either by registering in our website or by using any part of Jupitee, you agree to the terms and conditions of this agreement. If you are entering into this agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree to all the terms and conditions of this agreement, then you may not access Jupitee or use any services.
You may not access Jupitee if you are our direct competitor, except with our prior written consent. In addition you may not access Jupitee for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Jupitee is available only to individuals who are at least 18 years old.
We reserve the right to modify or replace these Terms at any time in our sole discretion. We will indicate at the top of these Terms the date these Terms were last updated. Any changes will be effective upon posting the revised version of these Terms on the Site (or such later effective date as may be indicated at the top of the revised Terms). Therefore, we encourage you to check the date of these Terms whenever you visit www.jupitee.com (the “Site”) to see if these Terms have been updated. Your continued access or use of any portion of Jupitee constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing Jupitee, and you must cancel and stop using Jupitee.
Violation of any of the terms below will result in the termination of your Account. You agree to use Jupitee at your own risk and subject to the terms set forth below.
1. Account Terms
You must be a human of 18 years of age or older to use Jupitee and create an account.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
Only you may use your account. You must keep your account and passwords confidential and not authorize any third party to access or use Jupitee on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in Jupitee. You are responsible for all activities that take place with your account. Jupitee P.C. will not be liable for any loss or damage arising from any unauthorized use of your accounts.
2. Payments and Refund Terms
Fees are paid on services purchased and not actual usage. Payment obligations are non cancelable and fees paid are non-refundable. No refunds or credits will be given for setup and / or publication fees, partial months of service or months unused.
Jupitee is billed in advance. Prices are subject to change without notice.
Unless otherwise stated, our fees do not include any taxes, levies, or similar governmental assessments of any nature, including to but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases.
We will make commercially reasonable efforts to have the Mobile Application approved by Apple Computer, Inc. In the unlikely event of rejection, we do not and cannot guarantee acceptance. If your Mobile Application is denied by Apple, you may cancel your Account. However, there are no refunds under any circumstances.
Jupitee P.C. shall not be liable to you or to any third party for any of the actions or omissions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with Jupitee.
3. Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted at firstname.lastname@example.org
Upon cancellation all of your Content may be deleted from Jupitee. This information cannot be recovered once your Account is cancelled.
We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Jupitee P.C. to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your Account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Jupitee P.C.’s determination, the suspension might be indefinite and/or Jupitee P.C. has elected to terminate your access to the Service, Jupitee P.C. will use commercially reasonable efforts to notify you through the Service.
Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
4. Consent to electronic communications and solicitation.
By registering with Jupitee, you understand that we may send you communications or data regarding Jupitee, including but not limited to (a) notices about your use of Jupitee, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Jupitee P.C.’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you and others make available on Jupitee.
You hereby grant to Jupitee P.C. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to Jupitee. By using Jupitee to create your Mobile Application, you agree to allow others to view and share your Content via your Mobile Application.
We do not pre-screen Content, but we have the right (but not the obligation) in our sole discretion to deny or remove any Content that is available via Jupitee.
You are responsible for all text, data, graphics, images, photos, audio, music and video files posted on the Site or via Jupitee (“Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account) and for all activity that occurs in your mobile applications.
You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn’t violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Jupitee P.C. will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
There is a fair use policy of 1000 items per product catalogue and 200 Info Pages per applicaton. Should you need more please contact us.
6. General Conditions
Ay any time we may issue updates to Jupitee which may add, modify, and/or remove features from Jupitee. These updates may be pushed out automatically with little or no notice. We reserve the right to upgrade and update Jupitee at our discretion, including without limitation the software upon which Jupitee is based and the features and functionalities available through it.
You acknowledge that Jupitee P.C. has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating Jupitee, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Jupitee P.C. reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to Jupitee.
You understand that Jupitee P.C. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Jupitee.
You understand that the technical processing and transmission of Jupitee, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not access, store, distribute or transmit any Viruses, or any material during the course of its use of Jupitees that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or causes damage or injury to any person or property;
We reserve the right, without liability to you, to disable your access to any material that breaches the provisions of this clause.
Jupitee is provided “as is”. Jupitee P.C. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, data accuracy, system integration, non-infringement, course of dealing or course of performance. Neither Jupitee P.C. nor its suppliers and licensors, make any warranty that Jupitee will (a) meet your requirements or quality expectations, (b) be error free, accurate or reliable, (c) any errors will be corrected or (c) that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through Jupitee at your own discretion and risk.
You agree to indemnify and hold harmless Jupitee P.C., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Jupitee, including but not limited to your violation of this Agreement.
9. Limitation of Liability
In no event will Jupitee P.C., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, consequential damages or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jupitee P.C. has been advised of the possibility of such damages); (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jupitee P.C. under this agreement during the twelve (12) month period prior to the cause of action. Jupitee P.C. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. You acknowledge and agree that the foregoing limitations of liability are essential elements of the deal and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different.
10. General Terms
The failure of Jupitee P.C. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Jupitee P.C. and govern your use of Jupitee, superseding any prior agreements between you and Jupitee P.C. (including, but not limited to, any prior versions of the Terms of Service). These Terms of Service and any action related thereto will be governed by the laws of Athens, Greece without regard to its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.