These Terms govern (1) the use of Jove Software and (2) any other related Agreement or legal relationship with the Owner, in a legally binding way.
A. “Jove Software” (or this “Application”) means the property that enables the provision of the Service, including but not limited to:
– this website, including its subdomains and any other website through which the Owner makes its Service available;
– the Application Program Interfaces (API);
– the Service;
– any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
B. “Agreement” means any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
C. “Business User” means any User that does not qualify as a Consumer.
E. “European” (or “Europe”) applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
F. “Owner” (or “We”) refers to Jove Software, Inc. which provides Jove Software and/or the Service to Users.
G. “Product” means a good or service available for purchase through Jove Software, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
H. “Service” means the service provided by Jove Software as described in these Terms and on Jove Software.
I. “Terms” means all provisions applicable to the use of Jove Software and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
J. User (or You) indicates any natural person or legal entity using Jove Software.
The User must read this document carefully.
Jove Software is provided by:
Jove Software, Inc.
2401 4th Ave, Suite 700
Seattle, WA 98121
Owner contact email: firstname.lastname@example.org
• Jove Software uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
• Usage of Jove Software and the Service is age restricted: to access and use Jove Software and its Service the User must be an adult under applicable law.
Jove Software serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Jove Software, Users confirm to meet the following requirements:
1. Users must be recognized as adult by applicable law;
1. To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
2. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Jove Software, Inc..
3. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
4. By registering, if the User is acting on behalf of or for the benefit of a corporate entity or other third party, the User represents and warrants that it has the necessary authority to agree to these Terms and to bind such corporate entity or third party to these Terms.
5. Registration of User accounts on Jove Software is subject to the conditions outlined below. By registering, Users agree to meet such conditions:
a. Accounts registered by bots or any other automated methods are not permitted.
b. Unless otherwise specified, each User must register only one account.
c. Unless explicitly permitted, a User account may not be shared with other persons.
6. Users can terminate their account and stop using the Service at any time by doing the following:
a. By directly contacting the Owner at the contact details provided in this document.
b. Termination of recurring subscriptions and financial obligations are outlined in the relevant section of this Agreement.
7. The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
8. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
9. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
1. Unless where otherwise specified or clearly recognizable, all content available on Jove Software is owned or provided by the Owner or its licensors.
2. The Owner undertakes its utmost effort to ensure that the content provided on Jove Software infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
3. The Owner holds and reserves all intellectual property rights for any such content.
4. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
5. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Jove Software, nor allow any third party to do so through the User or their device, even without the User's knowledge.
6. Where explicitly stated on Jove Software, the User may download, copy and/or share some content available through Jove Software for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
7. Any applicable statutory limitation or exception to copyright shall stay unaffected.
1. The Owner allows Users to upload, share or provide their own content to Jove Software.
2. By providing content to Jove Software, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
3. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
4. Users are solely liable for any content they upload, post, share, or provide through Jove Software. Users acknowledge and accept that the Owner does not filter or moderate such content.
5. However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Jove Software:
a. if any complaint based on such content is received;
b. if a notice of infringement of intellectual property rights is received;
c. upon order of a public authority; or
d. where the Owner is made aware that the content, while being accessible via Jove Software, may represent a risk for Users, third parties and/or the availability of the Service.
6. The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to User provided content through Jove Software.
1. Through Jove Software, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
2. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
3. As part of the functionality of the Service, the User may link its Jove Software account with online accounts from third party service providers (each such account, a “Third Party Account”) by authorizing the Owner to access its Third Party Account, as is permitted under the applicable terms and conditions that govern its use of each Third Party Account.
4. The User represents that it is entitled to grant the Owner access to the Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by the User of any of the terms and conditions that govern its use of the applicable Third Party Account and without obligating the Owner to pay any fees or making Owner subject to any usage limitations imposed by such third party service providers.
5. By granting the Owner access to any Third Party Accounts, the User understands that (i) the Owner may access, make available and store (if applicable) any content that it has provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via the User’s account, and (ii) the Owner may submit and receive additional information to the Third Party Account to the extent that the User is notified when linking the Jove Software account with the Third Party Account.
6. Depending on the Third Party Account(s) the User chooses and subject to the privacy settings that the User has set in such Third Party Accounts, personally identifiable information that is posted to the Third Party Account(s) may be available on and through your account on the Website. The Owner will not share nor sell any personally identifiable information, and to the best of the Owner’s ability will work with the User to delete such information upon request.
7. Users will have the ability to disable the connection between their Jove Software account and Third Party Accounts at any time. At your request made via email to our email address listed below, or through your account settings (if applicable), the Owner will deactivate the connection between Jove Software and the Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account.
1. If copyright holders or their agents believe that any content on Jove Software infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
d. Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
h. Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
1. Jove Software and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
2. Users are solely responsible for making sure that their use of Jove Software and/or the Service violates no applicable law, regulations or third-party rights.
3. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Jove Software or the Service, terminating contracts, reporting any misconduct performed through Jove Software or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
a. violate laws, regulations and/or these Terms;
b. infringe any third-party rights;
c. considerably impair the Owner’s legitimate interests;
d. offend the Owner or any third party.
1. Users may access their data relating to Jove Software via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Jove Software, is bound by these Terms and, in addition, by the following specific terms:
a. the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
1. Some of the Products provided on Jove Software, as part of the Service, are provided on the basis of payment.
2. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Jove Software.
3. In the case a separate Agreement is signed between Jove and the User, the Pricing terms/Fees in said Agreement will prevail.
1. Prices, descriptions or availability of Products are outlined in the respective sections of Jove Software and are subject to change without notice.
2. While Products on Jove Software are presented with the greatest accuracy technically possible, representation on Jove Software through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
3. The characteristics of the chosen Product will be outlined during the purchasing process.
1. Any steps taken from choosing a Product to order submission form part of the purchasing process.
2. The purchasing process includes these steps:
a. Users must choose the desired Product and verify their purchase selection.
b. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
1. When the User submits an order, the following applies:
a. The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
b. In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
c. Upon submission of the order, Users will receive a receipt confirming that the order has been received.
2. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
3. The submission of a change to the order by the User or Owner determines a new contract and therefore creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page. The User agrees to fulfill the payment associated with such order changes. The User authorizes the Owner to collect payment associated with the change to the order through the same payment collection process previously used to collect payment from the User.
1. Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
2. Prices on Jove Software are displayed:
a. either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
1. Information related to accepted payment methods are made available during the purchasing process.
2. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Jove Software.
3. All payments are independently processed through third-party services. Therefore, Jove Software does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
4. If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
1. Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
1. The purchased service shall be performed or made available within the timeframe specified on Jove Software or as communicated before the order submission.
1. Users have the option to test Jove Software or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of Jove Software may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on Jove Software.
2. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
3. The Owner reserves the right to modify the duration of the Trial period and/or terminate access to Jove Software or selected Products during the Trial period.
4. Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
5. Paid subscriptions begin on the day the payment is received by the Owner.
6. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
7. Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
8. Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.
9. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
10. Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Jove Software.
11. The renewed subscription will last for a period equal to the original term.
12. The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
13. Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Jove Software.
14. If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.
15. Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of Jove Software.
16. For a situation in which a refund is provided, the User is responsible for any Third Party transaction or Credit card fees associated with the transaction.
Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.
1. Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
2. Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
3. Users that do not fit this qualification, cannot benefit from the rights described in this section.
4. To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
5. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
6. Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, which is inclusive of any free-trial period, unless the User has waived the withdrawal right.
7. Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
8. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
9. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
10. Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
11. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
1. Users acknowledge and accept that the Owner provides Users with the technical infrastructure and features incorporated in Jove Software.
2. The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.
1. Jove Software is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
2. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
3. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
4. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
5. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
6. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
a. any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
b. any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
c. any errors, mistakes, or inaccuracies of content;
d. personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
e. any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
f. any interruption or cessation of transmission to or from the Service;
g. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
h. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
i. the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
7. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
8. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
9. The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
a. User’s use of and access to the Service, including any data or content transmitted or received by User;
b. User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
c. User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
d. User’s violation of any statutory law, rule, or regulation;
e. any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
f. User’s willful misconduct; or
g. statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
1. The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
1. To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
2. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
3. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
1. Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Jove Software and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
2. Jove Software may store a User’s Personal Data until the User requests it to be deleted from our records. To request deletion of personal information, Users may send an email to email@example.com to start the process.
1. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Jove Software, Inc. are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
2. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Jove Software, Inc. are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
1. The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
2. Such changes will only affect the relationship with the User for the future.
3. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
4. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
5. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
1. The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
2. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
1. All communications relating to the use of Jove Software, Inc. must be sent using the contact information stated in this document.
1. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
2. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
3. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
4. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
1. These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
2. However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
3. If the Service is licensed under a United States government contract, the User acknowledges that the Service is a "commercial item" as defined in 48 CFR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are defined in FAR Section 2.101 and Section 252.227-7014 of the Defense Federal Acquisition Regulation Supplement (48 CFR 252.227-7014) and used in 48 CFR 12.212 or 48 CFR 227.7202-1, as applicable. The User also acknowledges that the Service is "commercial computer software" as defined in 48 CFR 252.227-7014(a)(1). United States government agencies and entities and others acquiring under a United States government contract will have only those rights, and will be subject to all restrictions, set forth in this Agreement.
1. The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
2. The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
3. Users shall not use or access the Service if located in any jurisdiction in which the provision of the Services is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and Users shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. Users represent, warrant and covenant that (a) they are not named on any U.S. government list of persons or entities prohibited from transaction with any U.S. person; (b) they are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) they shall not allow Authorized Users to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) they shall comply with all applicable laws regarding the transmission of data exported from the country in which they (or your Authorized Users) are located.
1. Users may bring any disputes to the Owner who will try to resolve them amicably.
2. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Jove Software or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
3. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
4. The Owner will process the complaint without undue delay and within 21 days of receiving it.
1. The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
2. As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
Jove Software, Inc.
2401 4th Ave, Suite 700 Seattle, WA 98121
“I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
(sign if this form is notified on paper)”
Last updated: March 31, 2021