Date last modified: July 30, 2013
Thanks for using Jane! These terms of service (the "Terms") govern your access to and use of Jane ("we" or "our") websites and services (the "Services"), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Jane and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Info & Your Privacy
By using our Services you are entering confidential information ("your info"). You retain full ownership to your info. We don't claim any ownership to any of it. These Terms do not grant us any rights to your info or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your info, for example, hosting your data. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Zunicore, our Canadian hosting company which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your data, and your communications with others while using The Services. For example, it's your responsibility to ensure that you have the rights or permission needed to complete with these Terms. We may are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Files and other content in the Services may be protected by intellectual property right of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Jane, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Jane, are responsible for maintaining and protecting all of your info. Jane will not be liable for any loss or corruption of your info, or for any costs or expenses associated with backing up or restoring any of your info.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Jane of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Jane, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
Jane hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Services is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. Our Services will update the software automatically when a new version is available.
Jane Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without company obligation to you. The Software and other technology we use to provide the Services are protected by copyright, and other laws of both Canada and foreign countries. These Terms do not grant you any rights to use the Jane logo, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Jane Acceptable Use Policy.
The Services may contain links to third-party websites or resources. Jane does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under and open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Fees and Payment for Purchased Services
Fees. You shall pay all fees for Purchased Services as specified in the billing section of the Jane website, or Order Form, if applicable. We will charge You at a monthly or annual frequency, (as may be selected by You) or as otherwise specified in an invoice or Order Form, if applicable. Except as otherwise provided herein payment obligations are non-cancelable and fees paid are non-refundable.
Invoicing and Payment. You will provide Us with valid and updated credit card information. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased Jane Services.. Standard subscriptions are charged in advance. Staff Member subscriptions (i.e., active staff members with more than 1 shift per month) will be charged at the end of each month of the applicable subscription period in arrears. If you add Staff Member subscriptions charges will be prorated over the remaining term of the subscription period and charged at the time you add the subscription. If You have pre-paid in advance, charges for Purchased Services will be subtracted from the pre-paid balance first, and any remaining amounts will be charged to Your credit card. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in the Invoicing and Payment section.
Suspension of Jane Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 7 days’ prior notice that Your account is overdue, in accordance with the Manner of Giving Notice section, before suspending services to You.
Payment Disputes. We shall not exercise Our rights under the Overdue Charges section or the Suspension of Jane Service and Acceleration section if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
Though we'd much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try and let you know in advance and help you retrieve data, though there may be some cases where we may suspend immediately.
Upon any termination for cause by You, We shall refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Us, You shall pay any unpaid fees covering the remainder of Your subscription term after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
Jane is Available "AS-IS"
Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Jane, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Jane HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO Jane FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY BRITISH COLUMBIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR PROVINCIAL COURTS OF BRITISH COLUMBIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Jane with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Jane's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Jane may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Jane and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Questions or Concerns
If you have any questions or concerns regarding these terms and conditions, please send us a detailed message at email@example.com. We will make every effort to resolve your concerns.
Jane Software Inc.
Unit 201 - 173 Forester St.
North Vancouver, BC, V7H 0A6