Terms and Conditions of Service
This Terms and Conditions of Service (the "Agreement") is made and entered into by and between Jolicoeur Consulting, LLC and the individual or entity accessing or using our Software as a Service (the "Service") ("you" or "your"). This Agreement governs your access to and use of the Service, including any content, features, and functionality made available through the Service.
By accessing or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, do not access or use the Service.
1. Description of Service:
The Service provides a platform for managing content for websites and mobile applications. We may update, modify, or discontinue any aspect of the Service at our sole discretion.
2. Account Registration and Use:
- You must create an account to access and use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You must provide accurate and complete information when registering for an account.
- You may not share your account credentials with any other person.
- You are responsible for all content you upload or submit through the Service. You represent and warrant that you have all necessary rights to such content.
- You agree not to use the Service for any illegal or unauthorized purpose.
3. Fees and Payment:
- We offer monthly and annual subscriptions. Pricing details are available on our website. In the case of enterprise plans, pricing details will be provided on an Order Form.
- All fees are exclusive of any applicable taxes, which will be added to your invoice.
- Payment is due according to the terms of your subscription.
- We reserve the right to change our fees at any time, with reasonable notice to you.
- [Clearly state your refund policy, if any. For example: "Refunds are not available for any unused portion of a subscription." or "You may cancel your subscription within 30 days for a full refund."].
4. Intellectual Property:
- We own all rights, title, and interest in and to the Service, including all intellectual property rights.
- You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with this Agreement.
- You may not copy, modify, distribute, sell, or lease any part of the Service.
5. User Content:
- You retain all rights to your User Content.
- By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.
6. Termination:
- We may terminate this Agreement at any time, with or without cause, by providing notice to you.
- You may terminate this Agreement by canceling your subscription.
- Upon termination, your access to the Service will be terminated, and you will no longer be able to access your User Content. We will retain your data for 30 days and then delete it.
7. Disclaimer of Warranties:
- THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
8. Limitation of Liability:
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
- OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Governing Law:
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
10. Entire Agreement:
This Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.
11. Changes to this Agreement:
We may update this Agreement from time to time. We will notify you of any material changes by posting the updated Agreement on our website or through the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Agreement.
12. Contact Us:
If you have any questions about this Agreement, please contact us at:
support@blastcms.net