LICENSE AGREEMENT BETWEEN USER AND JAJAH
This End User License Agreement is entered between you and JAJAH technologies s.a. (including
any affiliate or subsidiary company thereof) ("JAJAH") for the
license of the Product.
1. Subject to the terms of this Agreement, JAJAH hereby grants you a limited,
personal, non-commercial, non-exclusive, non-sublicensable, non-assignable,
license to download, install and use the Product (and any third-party technology
incorporated into the Product unless expressly stated otherwise) on your
computer, for the sole purpose of personally using the Product. You may
not, and may not permit or aid others to, translate, reverse engineer,
decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute
or otherwise disseminate all or any part of the Product, or extract source
code from the object code of the Product. You will not, under any circumstances,
sell, assign, rent, lease, distribute, export, import, or otherwise grant
rights to third parties with regard to the Product or any part thereof.
In this Agreement the "Product" shall mean the software distributed
by JAJAH, including without limitation, the application program interface,
the user interface and any enclosed documentation provided by JAJAH, as
well as updates and upgrades thereof.
2.1 You acknowledge and agree that links and email-accounts used for access
the Product or the Product-homepage allows you to submit materials for
use in connection with the Product. For materials you post or otherwise
provided to JAJAH and related to the Product (a "Submission"),
you hereby grant JAJAH irrevocable permission to (1) use, copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, modify,
translate and reformat your Submission, each in connection with the Product,
and (2) sublicense these rights. JAJAH will not pay you for your Submission.
JAJAH may remove your Submission at any time. For each Submission, you
represent that you have all rights necessary for you to make the grants
in this section.
2.2 As a condition of your use of the Product, you will not use the Product
for any purpose that is unlawful or prohibited by this Agreement. You may
not use the Product in any manner that could damage, disable, overburden,
or impair the Product or interfere with any other party's use and enjoyment
of it. You may not attempt to gain unauthorized access to any account,
computer systems or networks associated with the Product or to otherwise
interfere with or disrupt any accounts, computer systems or networks connected
to the Product. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided
for through the Product. You may not use access to the Product to obtain
information necessary for you to design, develop or update unauthorized
software that you use or provide to others to use to access the Product.
You may not charge others to use the Product either directly or indirectly
without the express written agreement of JAJAH. Subject to this Agreement,
you may use the Product within your commercial organization, but you may
not use the Product to advertise or offer to buy or sell any goods or services,
or to run a business or commercial entity without the express written agreement
of JAJAH. By way of example, and not as a limitation, you agree that when
using the Product, you will not:
- Use the Product in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative, bulk or unsolicited
messages (commercial or otherwise).
- Defame abuse, harass, stalk, threaten or otherwise violate the
legal rights of others.
- Create a false identity for the purpose of misleading others.
- Publish, transfer, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
- Transfer, stream, or otherwise make available, files or other material
that contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws unless you own
or control the rights thereto or have received all necessary consents
to do the same.
- Use any material or information, including images or photographs,
which are made available through the Service in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
- Transfer, stream or otherwise make available, files or other material
that contain viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
- Download any file or other material transferred by another user
of the Product that you know, or reasonably should know, cannot be
legally distributed in such manner.
- Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Product
or other user or usage information or any portion thereof.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is transferred.
- Remove, overtake, hide or otherwise make the Product inaccessible
for other end users.
- Violate any code of conduct or other guidelines which may be applicable
to the Product.
- Use any portion of the Product to harvest or otherwise collect
information about others, including email addresses.
- Affect the functionality or performance of the Product or services
provided by Product.
JAJAH reserves the right at all times to monitor communications on
the Product and disclose any information JAJAH deems necessary to (a)
ensure your compliance with this Agreement; (b) satisfy any applicable
law, regulation or legal process; or (c) protect the rights, property,
and interests of JAJAH, its employees or the public. JAJAH also reserves
the right to edit, refuse to transfer or to remove any information or
materials, in whole or in part, in JAJAH's sole discretion.
PAYMENT, RATES AND ACCOUNTS
Intellectual Property Rights
3.1 JAJAH, and/or JAJAH's licensors, retains sole and exclusive ownership
of all rights, title and interests in any of the Product and all intellectual
property rights relating thereto, including without limitation issued
patents and pending patent applications with respect to any of the Product
and the technology related thereto. Without derogating from the license
granted above, title and related rights in the content stored/ transmitted/
posted/ submitted and/or managed through the Product are the property
of the applicable content owner and may be protected by applicable law.
This section shall survive termination and expiration of these Terms
of Use and shall remain in full force and effect thereafter. Nothing
in this Agreement intends to transfer any such Intellectual Property
Rights to, or to vest any such Intellectual Property Rights in you. You
are only entitled to the limited use of the Intellectual Property Rights
granted to you in this Agreement. You will not take any action to jeopardize,
limit or interfere with the Intellectual Property Rights. You acknowledge
and agree that any unauthorized use of the Intellectual Property Rights
is a violation of this Agreement as well as a violation of intellectual
property laws, including without limitation copyright laws and trademark
laws. You agree that you will not remove, obscure, make illegible or
alter any notices or indications of the Intellectual Property Rights
and/or JAJAH’s rights and ownership thereof, whether such notice
or indications are affixed on, contained in or otherwise connected to
4.1 By entering into this Agreement you hereby accept and incorporate
as may be amended from time to time.
4.2 JAJAH warrants the careful use of your personal data. Not at all
JAJAH will hand over this data to 3rd parties (companies, organisations
or private persons) not connected to the service of the Product. This
is valid as well for advertising or equivalent
Term and Termination
5.1 This Agreement will be effective as of the date on which this Agreement
is entered into by clicking on the ACCEPT button as stated above and
will remain effective until terminated by either JAJAH or you as set
forth below. JAJAH may terminate this Agreement with immediate effect
at any time, with or without cause, by providing notice to you and/or
by preventing your access to the Product. You may terminate this Agreement
with immediate effect at any time, with or without cause provided that
you will cease any and all use of the Product and you will remove the
Product from any of your systems and destroy all copies of the Product
in your possession or under your control.
End User Representations and Warranties
6.1 You hereby represent and warrant that you are authorized to enter
into this Agreement and comply with its terms. Furthermore, you represent
and warrant that you will at any and all times meet with your obligations
hereunder, as well as any and all laws, regulations and policies that
may apply to the use of the Product.
6.2 If you are residing in a jurisdiction which restricts the use of
internet-based applications according to age, or which restricts the
ability to enter into agreements such as this agreement according to
age and you are under such a jurisdiction and under such age limit, you
may not enter into this Agreement and download, install or use the Product.
Furthermore, if you are residing in a jurisdiction where it is forbidden
by law to offer or use software for internet telephony, you may not enter
into this Agreement and you may not download, install or use the Product.
By entering into this Agreement you explicitly state that you have verified
in your own jurisdiction if your use of the Product is allowed.
7.1 You hereby agree to indemnify and hold JAJAH and the Officers harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the Product,
the violation of these Agreement by you, or the infringement by you,
or other user of the Product using your computer or identity, of any
intellectual property or other right of any person or entity.
Disclaimer of Warranties; Limitation of Liability
8.1 JAJAH provides the Product “as is”, “with all faults” and “as
available”, and the entire risk as to satisfactory quality, performance,
accuracy, and effort is with you. JAJAH, its affiliates, its resellers,
distributors, service providers and/or suppliers (collectively, the “JAJAH
Parties”) make no warranties. The JAJAH Parties disclaim any and
all warranties, express, statutory and implied, including without limitation
(1) warranties of merchantability, fitness for a particular purpose,
workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances,
no liens and non-infringement, (2) warranties arising through course
of dealing or usage of trade, and (3) warranties that access to or use
of the service will be uninterrupted or error-free. There are no warranties
that extend beyond the face of this agreement. JAJAH may change the service
or the features in any way, and at any time and for any reason.
8.2 In no event shall any of the JAJAH Parties be liable for any direct,
indirect, consequential, special, incidental, or punitive damages arising
out of, based on, or resulting from this agreement or the termination
of this Agreement or your use of the Product, including, without limitation,
damages for loss of use, data or profits, with the delay or inability
to use the Product, the provision of or failure to provide support services,
or for any information, software, products, or services obtained through
the Product, or otherwise arising out of the use of the Product, whether
based on contract, tort, negligence, strict liability or otherwise, even
if JAJAH or any of its suppliers has been advised of the possibility
8.3 You expressly agree and understand that the Product is not intended
to support or carry emergency calls to any type of hospital, law enforcement
agency, medical care unit or any other kind of emergency service and
you recognize and agree that JAJAH is not required to offer emergency
services pursuant to any applicable local and or national rules, regulation
or law. You further recognize that JAJAH is not a replacement for your
primary telephone service. By agreeing to this Agreement you understand
that additional arrangements must be made to access emergency services
and you acknowledge and accept your responsibility to purchase, separately
from Product, traditional wireless or wireline telephone service that
offers access to Emergency Services. JAJAH or the Officers are in no
way liable for such emergency calls. Neither JAJAH nor the Officers may
be held liable for any claim, damage, or loss, and you hereby waive any
and all such claims or causes of action, arising from or relating to
the use of Product to contact emergency services personnel.
8.4 The Product may allow you to interact with third-party web sites
and web services ("Link(s)"). The Links are not under the control
of JAJAH and JAJAH is not responsible for the contents of any Links,
including without limitation any link contained in a Link, or any changes
or updates to a Link.
8.5 JAJAH cannot guarantee that you will always be able to communicate
with other Product users, nor can JAJAH guarantee that you can communicate
without disruptions, delays or other communication-related flaws. JAJAH
will not be liable for any such disruptions, delays or other omissions
in any communication experienced when using Product.
8.6 While the Product enables you to store/ transmit/ post/ submit and/or
manage and allow access to third parties' content from a computer with
an internet connection, JAJAH does not control such third parties' data
(e.g. content, files and information) that may be transmitted/ stored/
posted/ submitted and/or managed through the use of any of the Product.
All such data is entirely the responsibility of the person from whom
such data originated. JAJAH does not endorse the content of any such
third parties' information or data or the data stored, accessed through
the use of the Product, and does not warrant or guarantee that such information
or data is free of errors or viruses. JAJAH shall not be responsible
for the accuracy, completeness, legality, legitimacy or any other aspect
of the data stored/ posted/ transmitted/ submitted through the use of
any of the Product, nor to the right to store/ post/ transmit and/or
submit such data through the use of the Product. The use of any third
parties' content, information or data is at your sole responsibility
and JAJAH explicitly disclaims any responsibility to the use or misuse
of any such content.
8.7 You hereby acknowledge and agree that JAJAH and the Officers will
have no liability in connection with or arising from your use of the
Product, as set forth below. In no event shall JAJAH or the Officers
be liable, whether in contract, warranty, tort (including negligence),
product liability or any other form of liability, for any indirect, incidental,
special or consequential damages (including without limitation any loss
of data, interruption, computer failure or pecuniary loss) arising out
of the use or inability to use the Product, even if JAJAH or the Officers
have been advised of the possibility of such damages. Your only right
or remedy with respect to any problems or dissatisfaction with the Product
is to deinstall and cease use of such Product.
8.8 JAJAH, in its sole discretion, reserves the right to add additional
features or functions, or to provide programming fixes, updates and upgrades,
to the Product. You acknowledge and agree that JAJAH has no obligation
to make available to you any subsequent versions of the Product. You
also agree that you may have to enter into a renewed version of this
Agreement, in the event you want to download, install or use a new version
of the Product. Furthermore, you acknowledge and agree that JAJAH, in
its sole discretion, may modify or discontinue or suspend your ability
to use any version of the Product, or terminate any license hereunder,
at any time, with immediate effect and without recourse to the courts.
JAJAH also may suspend or terminate any license hereunder and disable
any Product you may already have accessed or installed without prior
notice at any time with immediate effect and without recourse to the
courts. JAJAH will not accept any liability in relation to the direct
or indirect damages caused by the release and/or the absence of release
of new versions of the Product and by the suspension or termination of
this Agreement by JAJAH and/or by you.
8.9 Always use caution when giving out any personally identifiable information
about yourself or your children in the Product. JAJAH specifically disclaims
any liability with regard to the Product and any actions resulting from
your participation in the Product. You are responsible for all activities
that occur in your Product account. You agree to notify JAJAH immediately
of any unauthorized use of your account or breach in security known to
you related to the Product.
9.1 JAJAH reserves the right to modify this Agreement at any time by
publishing the revised Agreement on the Website. Your continued use of
the Product shall constitute your acceptance to be bound by the terms
and conditions of the revised Agreement. The most recent version of this
Agreement can be found on www.JAJAH.com
9.2 You hereby agree and acknowledge that this Agreement covers all your
use of Product, whether it is from this installation or from any other
terminals where Product has been installed, by you or by third parties.
Furthermore, by installing and (continuously) using the Product you agree
to be bound by the terms of this Agreement and any new versions hereof.
JAJAH is a licensee of U. S. Pat. No 6,308,070 owned by Selex
9.3 JAJAH may, but is not required to, provide you with customer support
("Support"). Unless you have entered into a separate written
support agreement with JAJAH with respect to the Product, JAJAH may terminate
any Support it provides at any time in its sole discretion. Authorized
third-party software that uses the Product is not supported by JAJAH
and you should contact the provider of such software for support, if
9.4 Entire Agreement. The terms and conditions of this Agreement constitute
the entire agreement between you and JAJAH with respect to the subject
matter hereof and will supersede and replace all prior understandings
and agreements, in whatever form, regarding the subject matter.
9.5 Should any term or provision hereof be deemed invalid, void or enforceable
either in its entirety or in a particular application, the remainder
of this Agreement shall nonetheless remain in full force and effect.
9.6 No waiver. The failure of JAJAH at any time or times to require performance
of any provisions hereof shall in no manner affect its right at a later
time to enforce the same unless the same is explicitly waived in writing
and signed by JAJAH.
9.7 You are not allowed to assign this Agreement or any rights hereunder.
JAJAH is allowed to at its sole discretion assign this Agreement or any
rights hereunder to any without giving prior notice.
9.8 This Agreement shall be governed by and construed in accordance with
the laws of Luxemburg without giving effect to the conflict of laws or
your actual state or country of residence. Any legal proceedings arising
out of or relating to this Agreement will be subject to the exclusive
jurisdiction of the courts of the district of Luxemburg.
9.9 The original English version of this Agreement may have been translated
into other languages. In the event of inconsistency or discrepancy between
the English version and any other language version of this Agreement,
the English language version shall prevail.
9.10 You consent to JAJAH providing you any information regarding the
Product in electronic form. JAJAH may provide such information to you
via email at the email address you specified when you registered for
the use of the Product, by instant message to your account, or by access
to the Web Site. As long as you access and use the Product, you will
have the necessary software and hardware to receive such notices. You
hereby waive any rights or requirements under any laws or regulations
in any jurisdiction which require an original (non-electronic) signature
or delivery or retention of non-electronic records, to the extent permitted
under applicable mandatory law. If you do not consent to receive any
notices electronically, you must discontinue your use of the Service.
In order to use JAJAH paid services, you must purchase credits for your JAJAH Account. JAJAH shall debit your Account based on its current rates. JAJAH will maintain these rates on its Web Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a threshold level, your Account will be automatically recharged with a pre-selected amount.
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
The rates for the JAJAH Services are published on its Web Site. JAJAH reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates becomes effective. You agree that by continuing to use the JAJAH Services, following the adjustments of the rates, you accept such adjustments.
You will also pay any additional charges you incur if you connect to the JAJAH Services through a phone number provided by JAJAH while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the JAJAH Services from another country. Your carrier is charging you these roaming charges not JAJAH.
Any promotional bonuses awarded are non-refundable. Promotional bonuses will expire up to 6 months from issue date, unless otherwise specified.
Requests for refunds
JAJAH will refund your credit balance in the event you terminate your JAJAH Account pursuant to the terms set forth under the heading “Refund” below or in the event that JAJAH terminates this Agreement without cause.
You may submit a request for a refund by contacting JAJAH's customer services via our online web form. Refund requests carried out through other means shall not be eligible for the refund. No refunds shall be given for services paid or credit acquired through vouchers or gift tokens. JAJAH reserves the right to deny repetitive refund requests. You may ask for a refund with 60 days of your payment.
Account and receipt
All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by JAJAH, and addressed to the person that deposited the credit initially. It may take up to 30 days to process refunds from date of your valid request date.
JAJAH will refund your credit balance in the event you terminate your account(s) as permitted under this Agreement or in the event that JAJAH terminates this Agreement without cause. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. JAJAH will charge a €2.00 processing fee for all refunds processed.
JAJAH may provide account history under My Account on its Web Site that includes information about your Account activity, payments and calling history during a limited period, which may change from time to time. JAJAH may also provide an e-mail receipt upon pre-payment for the JAJAH Services. The Account History is the only statement of your Account that JAJAH will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL RECORDS AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. JAJAH will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to JAJAH.
In the event you believe that JAJAH has charged you in error, you must contact JAJAH customer services via our online web form within 60 days of such a charge. No refunds will be given for any charges which are more than 60 days old.
Expiration of credits
A credit balance in your JAJAH Account expires 6 months after the last chargeable use of JAJAH Services. Credit balances that are not used within the said 6 months day period will be lost.
JAJAH reserves the right to terminate or adjust it's affiliate program and revenue share at any time without prior notice.
Revenue earned by Affiliates will automatically be added to their business account at least once a quarter. Affiliates can choose to have revenue earned transferred to a bank account when the amount is above €500.
You acknowledge and agree that by clicking on the ACCEPT button or
similar buttons or links as may be designated by JAJAH to show your reading,
understanding and approval of any foregoing texts and/or to download
and install the Product, you are entering into a legally binding contract.
All contents of any JAJAH website related to the service are: Copyright © 2004-2008
All rights reserved.