These Terms of Service ("Terms") govern your access to and use of the Jikken software as a service ("Service") offered by Jikken LLC ("Company"). By accessing or using the Service, you ("Customer") agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Service.
Customer agrees to pay the fees for the Service as specified in the applicable order form or quote. Payment terms are specified in the order form or quote and may include upfront or recurring fees. Customer is responsible for all applicable taxes. Company reserves the right to modify pricing or fees upon 30-days written notice.
Company grants Customer a non-exclusive, non-transferable license to access and use the Service during the Subscription Term (defined below). Customer is responsible for maintaining the confidentiality of its Account login credentials and for restricting access to its Account. Customer is responsible for the acts and omissions of its Authorized Users. Customer agrees to use the Service in accordance with all applicable laws and regulations.
Company owns all intellectual property rights in and to the Service. Customer owns all intellectual property rights in and to its Content. Customer grants Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute Customer's Content solely for the purpose of providing the Service.
Company uses commercially reasonable efforts to secure Customer's Content. Customer is responsible for maintaining the security of its Account and Content. Company will notify Customer of any security breach affecting Customer's Content in accordance with applicable law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The term of these Terms ("Subscription Term") shall commence on the Effective Date (defined as the date Customer first accesses the Service) and continue until terminated by either party as set forth herein. Customer may terminate these Terms at any time by ceasing use of the Service. Company may terminate these Terms for cause, including but not limited to material breach of these Terms or non-payment of fees. Upon termination of these Terms, Company will cease providing the Service to Customer and delete Customer's Content, unless otherwise required by law.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Company may amend these Terms at any time by posting the amended terms on the Service. Customer's continued use of the Service after the amended terms are posted constitutes acceptance of the amended terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
No waiver of any breach of these Terms shall constitute a waiver of any other breach.
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by reputable overnight courier service to the addresses set forth below:
Notices sent by email shall be deemed given on the next business day after email is sent, provided that the sender receives a confirmation of receipt.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond such party's reasonable control, including but not limited to acts of God, acts of war, terrorism, riots, civil commotions, strikes or labor disputes, fires, floods, earthquakes, or other natural disasters.
Customer may not assign these Terms without the prior written consent of Company. Company may assign these Terms to any successor or assignee in interest.
These Terms are not intended to confer any rights or remedies upon any person other than the parties hereto.
The parties are independent contractors and nothing in these Terms shall create an agency, partnership, or joint venture relationship between the parties.
The provisions of Sections 5, 6, 8, 9, 10, 16 and 17 shall survive the termination of these Terms.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.
March 30th, 2024
