TERMS OF SERVICE

Last updated September 24, 2024

AGREEMENT TO TERMS

These Terms of Service (“Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and JEMSU.ai (“Company,” “we,” “us,” or “our“), concerning your access to and use of the https://jemsu.ai website as well as any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site“). By accessing the Site, you agree that you have read, understood, and agree 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 SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents may be posted on the Site from time to time and are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, 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 “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site after the date such revised Terms are posted will constitute your acceptance of the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (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 intellectual property laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

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

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Terms.
  2. You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Site through automated or non-human means.
  4. You will not use the Site for any illegal or unauthorized purpose.
  5. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  • Engage in unauthorized framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users.
  • Make improper use of our support services or submit false reports.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Upload or transmit viruses or other malicious code.
  • Use any automated system to access the Site.
  • Interfere with, disrupt, or create an undue burden on the Site or networks connected to the Site.
  • Attempt to impersonate another user or person.
  • Use the Site to advertise or offer to sell goods and services.
  • Use any information obtained from the Site to harass, abuse, or harm another person.

SUBMISSIONS

You acknowledge that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions“) provided by you 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 without acknowledgment or compensation to you.

SITE MANAGEMENT

We reserve the right to:

  1. Monitor the Site for violations of these Terms.
  2. Take appropriate legal action against anyone who violates the law or these Terms.
  3. Refuse, restrict access to, or disable any of your contributions.
  4. Remove from the Site or disable all files and content that are excessive or burdensome.
  5. Otherwise manage the Site to protect our rights and property and to facilitate proper functioning.

TERM AND TERMINATION

These Terms shall remain in full force while you use the Site. We reserve the right to deny access to the Site to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. We may terminate your use or participation in the Site without warning.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times and may experience interruptions or errors.

GOVERNING LAW

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If we cannot resolve any dispute through informal negotiations, any dispute will be finally resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“). The arbitration will take place in Travis County, Texas.

Restrictions

The arbitration shall be limited to the dispute between you and us individually. No arbitration shall be joined with any other proceeding.

Exceptions to Arbitration

Disputes related to intellectual property rights, allegations of theft, piracy, or unauthorized use, and any claim for injunctive relief are not subject to arbitration.

CORRECTIONS

There may be information on the Site that contains errors or inaccuracies. We reserve the right to correct any errors and to change or update the information on the Site at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE.

INDEMNIFICATION

You agree to indemnify and hold us harmless from any loss, damage, liability, claim, or demand arising from your use of the Site or breach of these Terms.

USER DATA

We will maintain certain data that you transmit to the Site for managing performance. You are solely responsible for all data you transmit and agree that we have no liability for any loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending emails, and completing forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements and notices provided electronically satisfy any legal requirement that such communication be in writing.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the California Department of Consumer Affairs.

MISCELLANEOUS

These Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions.

CONTACT US

To resolve a complaint or to receive further information regarding use of the Site, please contact us at:

JEMSU.ai
1624 Market St
Suite 202
Denver, CO 80202