📜 JESTTECH CORP. TERMS AND CONDITIONS OF SERVICE
1. Agreement to Terms
These Terms and Conditions of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You" or "User"), and Jesttech Corp. ("Jesttech," "We," "Us," or "Our"), concerning your access to and use of the Jesttech Cloud POS and Advanced Inventory System (the "System" or "Service").
By accessing the Service, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
2. The Jesttech Service
Jesttech provides a cloud-based Point of Sale (POS) and inventory management solution, including but not limited to:
Cloud-hosted POS software access.
Real-time and advanced inventory tracking and management features.
Data storage, reporting, and analytics tools.
Related support, maintenance, and updates.
3. User Accounts and Access
Account Creation: You must register for an account to use the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify Jesttech immediately of any unauthorized use of your password or account.
Eligibility: By using the Service, you represent and warrant that you have the legal capacity to enter into this agreement.
4. Subscription and Payment
Fees: Access to the Service is provided on a subscription basis, subject to payment of the applicable fees ("Subscription Fees") as outlined on our pricing page or in your subscription agreement.
Billing: You agree to pay the Subscription Fees in advance, either on a monthly or annual basis, as selected by you. All payments shall be made through the designated payment methods.
Taxes: All fees are exclusive of any applicable national, state, or local taxes, duties, or other governmental assessments, which you shall be responsible for paying.
Refunds: [CUSTOMIZE THIS - State your specific refund policy here, e.g., "Subscription Fees are non-refundable, except as required by law."]
Changes to Fees: Jesttech reserves the right to change the Subscription Fees and to institute new charges upon [30] days prior notice to you.
5. User Data and Intellectual Property
User Data: You retain all ownership rights to the data you input or process through the Service ("User Data"). You grant Jesttech a worldwide, non-exclusive, royalty-free license to use, copy, transmit, store, and display your User Data only as necessary to provide the Service to you.
Jesttech IP: All intellectual property rights in the System, including the software, design, text, graphics, and the underlying technology, are owned by Jesttech Corp. Use of the Service does not grant you any ownership rights in the Service or the Jesttech trademarks.
6. Acceptable Use Policy
You agree not to use the Service to:
Violate any applicable national, state, local, or international law or regulation.
Transmit any data that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
Infringe upon the intellectual property rights of Jesttech or any third party.
Upload or transmit viruses, corrupted data, or any other harmful code or file.
Interfere with or disrupt the integrity or performance of the Service.
7. Service Availability and Disclaimer
Availability: Jesttech will use commercially reasonable efforts to make the Service available [99.9%] of the time, subject to scheduled maintenance and factors outside of our reasonable control.
"AS IS" Basis: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Jesttech makes NO WARRANTIES OR REPRESENTATIONS about the accuracy or completeness of the Service's content. To the fullest extent permitted by law, Jesttech disclaims all warranties, express or implied, in connection with the Service and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
IN NO EVENT WILL JESTTECH OR ITS 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 SERVICE, EVEN IF JESTTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JESTTECH’S 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 JESTTECH FOR THE SERVICE DURING THE [THREE (3)] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
9. Term and Termination
Term: These Terms shall remain in full force and effect while you use the Service.
Termination: Jesttech may terminate your access to the Service immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Service will immediately cease.
Effect of Termination: Upon termination, Jesttech is not obligated to retain your User Data. You are solely responsible for extracting and backing up your data prior to termination.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction/Country], without regard to its conflict of law principles.
Arbitration: Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in [Your City/Country] in accordance with the rules of [Your Arbitration Body, e.g., the Philippine Dispute Resolution Center (PDRCI)].
Court Jurisdiction: You agree to submit to the non-exclusive jurisdiction of the courts located in [Your City/Country] for the resolution of any legal matter arising from these Terms.
11. Modifications
Jesttech reserves the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. You waive any right to receive specific notice of each such change. Your continued use of the Service after the revised Terms are posted constitutes your acceptance of the changes.
