Toolbox Applications Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “End User”) and Jumsoft (“we,” “us” or “our”), concerning your access to and use of the Toolbox for Keynote, Toolbox for Pages, Toolbox for Word, Toolbox for Powerpoint, Toolbox for Google Docs, and Toolbox for Google Slides applications, generally referred to as Toolbox, as well as any other Third-Party Service, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Product”, “Developer Application”). You agree that by using the Product, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCT AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Product after the date such revised Terms are posted.

The content provided by the Product is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use the Product from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Product is our proprietary property and all source code, content databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained by the Product (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided by the Product “AS IS” for your information and personal use only. The content can be used for your commercial purposes as long as it is decorative in nature and not the primary value of the product and/or service you are selling. Any other uses of Content for any commercial purpose whatsoever is not allowed without our express prior written permission.

Provided that you are eligible to use the Product, you are granted a limited license to access and use the Product and to download or use a copy of any portion of the Content to which you have properly gained access solely for your personal use. We reserve all rights not expressly granted to you in and to the Product, Content and the Marks.

USER REPRESENTATIONS

By using the Product or any related Third-Party Services, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Product; (6) you will not use the Product through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Product for any illegal or unauthorized purpose; and (8) your use of the Product will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Product (or any portion thereof).

PROHIBITED ACTIVITIES

You may not use the Product for any purpose other than that for which we make the Product available. The Product may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Product, you agree not to:

  1. systematically retrieve data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. circumvent, disable, or otherwise interfere with security-related features of the Product, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Product and/or the Content contained therein;
  3. trick, defraud, or mislead us and other users, especially in any attempt to illegally gain access to any Content;
  4. make improper use of our support services or submit false reports of abuse or misconduct;
  5. engage in any automated use of the system, such as using scripts, robots, or similar data gathering and extraction tools;
  6. interfere with, disrupt, or create an undue burden on the Product or the networks or services connected to the Product;
  7. attempt to impersonate another user or person or use the username of another user;
  8. sell or otherwise transfer your profile;
  9. use any information obtained from the Product in order to harass, abuse, or harm another person;
  10. use the Product as part of any effort to compete with us or otherwise use the Product and/or the Content for any revenue-generating endeavor or commercial enterprise not approved by us;
  11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Product;
  12. attempt to bypass any measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product;
  13. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Product to you;
  14. delete the copyright or other proprietary rights notice from any Content;
  15. copy or adapt the Product’s software code;
  16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Product;
  17. use the Product in a manner inconsistent with any applicable laws or regulations.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Product (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

PRODUCT MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Product for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of the Product; and (4) otherwise manage the Product in a manner designed to protect our rights and property and to facilitate the proper functioning of the Product.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Product, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Product infringes upon any copyright you own or control, please immediately notify us using via electronic mail info@jumsoft.com (a “Notification”). Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Product infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Product. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PRODUCT, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE PRODUCT OR DELETE ANY CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Product at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Product. We also reserve the right to modify or discontinue all or part of the Product without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Product.

We cannot guarantee the Product will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Product, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Product at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Product during any downtime or discontinuance of the Product. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Product or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Product that contains typographical errors, inaccuracies, or omissions that may relate to the Product, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Product at any time, without prior notice.

DISCLAIMER

THE PRODUCT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PRODUCT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OFFERED BY A THIRD PARTY THROUGH THE PRODUCT, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR 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 PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Product; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to us via the use of the Product for the purpose of managing the Product, as well as data relating to your use of the Product. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Product.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

You acknowledge that we may request access to some particular Third-Party Services. In order to utilize the Product that uses or gathers information from Third Party Services, you hereby authorize the Third-Party Service Providers to share End User’s Account Data with us. Moreover, you wholly accept that we may give your information to Third Party Service Providers to use in connection with the Third-Party Services.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Product and related websites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Product. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Product or to receive further information regarding use of the Product, please contact us at:

Jumsoft, UAB
Ulonu g. 3 – 125, 08240 Vilnius, Lithuania
info@jumsoft.com

Last updated: April 28, 2021