OUR TERMS AND CONDITIONS

JAMGO WEBSITE

Jamgo website provides a collection of tools and resources to manage an online store, process orders and sell products online and related professional and other services (collectively, the “Services“). The following are the terms and conditions for use of the Services (the “Terms“), along with any amendments thereto and any operating rules or policies that may be published from time to time by Jamgo.
Services and Support

The Services are provided subject to these Terms and any operating policies that Jamgo may establish (collectively, the “Agreement”)Jamgo may additionally make adjustments to this Agreement, and continued use of any Services constitutes Customer’s popularity of this kind of modifications. In addition, when using particular Jamgo services, Customer and Jamgo will be concern to any published suggestions or guidelines applicable to such Services that may be posted from time to time.
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
The Services provides a collection of tools and resources to manage an online store, process orders and sell products online. In addition, the Services may include professional consulting services relating to your use of the Jamgo’s tools and resources.
Customer must complete a registration form so they can use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As a part of the registration process, Customer will identify an email deal with and password for Customer’s Jamgo account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. Jamgo reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy. Additionally, you acknowledge and agree to the Rules of Engagement for the sale of COVID-19 related products, if you sell such products.
Technical support in respect of the Services is only provided to Jamgo Users.
The Terms of Service shall be governed by and interpreted in accordance with the respective law of the land of the residing country of both the merchants and shoppers, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Jamgo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Jamgo’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Jamgo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Jamgo Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, the respective law of the land of the residing country of both the merchants and shoppers. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
The Jamgo API License and Terms of Usegovern your access to and use of the Jamgo API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Jamgo.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Jamgo or Jamgo trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to Jamgo Support.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Jamgo, is governed by its privacy policy
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Jamgo’s Terms of Service available in another language. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Jamgo (acting in its sole discretion) or as required by applicable law.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Jamgo shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Jamgo prior written consent, to be given or withheld in Jamgo’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

The Jamgo service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Jamgo APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Restrictions and Responsabilities

Users of the Websites have substantial obligations with respect to their own data and how they use their own computers and maintain security from their end. In addition, you must provide correct and honest information. You can't pretend to be someone who you are not. You must maintain appropriate security for your password, account number and other information you file with us or receive from us regarding your account.

You are entirely responsible for obtaining access to the store and for paying all expenses involved in obtaining such access. You are also responsible to backup all of your data (including data given or received) regularly and in a reliable manner and have such backups conveniently available.

You agree that the information you provide about yourself is accurate, current and complete. You agree to abide by all applicable local, state and federal laws and regulations.
You alone are responsible for all acts or omissions that occur under your account or password.

If you have any claim that the Websites and VA have not performed properly under this contract you agree to give us prompt notice (including a full explanation and documentation of the facts) and a reasonable opportunity to cure the problem.

Termination

Customer may terminate this Agreement at any time by sending an email message to info@jamsam.dev
Jamgo may terminate this Agreement or the Services at any time in case of violating any of the policies with or without notice. Jamgo shall have no liability to Customer or any third party because of such termination.
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
Jamgo have the right to terminate this agreement or the Service at any time if Customer used the service in selling or promoting porn or any indecent material or any material that may incite violence or defamation of religions. Jamgo shall have no liability to Customer or any third party because of such termination.
Upon termination for any reason, Jamgo may delete any Customer archived data within 90 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, and limitations of liability.

AccountTerms
To access and use the Services, you must register for a Jamgo account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Jamgo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older than 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Jamgo for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Jamgo will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Jamgo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
A breach or violation of any term in the Terms of Service, including the AUP(acceptable use policy), as determined in the sole discretion of Jamgo may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the Jamgo Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
Account Activation
Store Owner
The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent a warrant that you have the authority to bind your employer to our Terms of Service.
Your Jamgo Store can only be associated with one Store Owner. A Store Owner may have multiple JamgoStores. “Store” means the online store or physical retail location(s) associated with the Account.
Staff Accounts
You can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a “Jamgo User”.

SITE SECURITY

JamGoRights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Jamgo’s Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Jamgo customer, Jamgo employee, member, or officer will result in immediate Account termination.
Jamgo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Jamgo employees and contractors may also be Jamgo customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Jamgo retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Jamgo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Limitation of Liability

In no event shall jamgo, or its subsidiaries or any of their shareholders, partners, officers, employees, affilaties, agents or licensors be liable (jointly or severally) to you for any special, incidental, indirect, consequential, punitive or exemplarly damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, goodwill, business interruption or any other commercial or intangible damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the products and services, our website, and all contents and software associated therewith, or otherwise related to the products and services, including any features or functionalities associated therewith. in no event shall our total liability to you for all damages for losses arising from the use or inability to use the products and services, including our website and user interfaces, and all content and software associated therewith (other than as may be required by applicable law) exceed the amount of your previous three (3) months of fees paid to jamgo on your membership plan.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If any applicable authority holds any portion of this section or other sections of these terms of service, including any portion of any policy, to be unenforceable, then those portions deemed unenforceable shall be severed and the terms of service shall be enforced absent those provisions and any liability will be limited to the fullest possible extent permitted by applicable law.

Waiver, Severability, and Complete Agreement

The failure of Jamgo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Jamgo and govern your use of the Services and your Account, superseding any prior agreements between you and Jamgo (including, but not limited to, any prior versions of the Terms of Service).

INTELLECTUAL PROPERTY

Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Jamgo Service. All Materials you upload remains yours. You can remove your Jamgo Store at any time by deleting your Account.
By uploading Materials, you agree:(a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Jamgo to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Jamgo can, at any time, review and delete all the Materials submitted to its Service, although Jamgo is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
Jamgo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

Third Party Services, Experts, and Experts Marketplace
Jamgo may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Jamgo App Store, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Jamgo Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Jamgo Store.
You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.
Any use by you of Third Party Services offered through the Services, Jamgo Experts, Experts Marketplace or Jamgo’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Jamgo may receive a revenue share from Third Party Providers that Jamgo recommends to you or that you otherwise engage through your use of the Services, Jamgo Experts, Experts Marketplace or Jamgo’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Jamgo has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Jamgo’s websites, including the Jamgo App Store or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Jamgo. Jamgo does not guarantee the availability of Third Party Services and you acknowledge that Jamgo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Jamgo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Jamgo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Jamgo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Store Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) Jamgo will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Jamgo may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Jamgo Store. You choose the pages that the Experts can access.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Jamgo is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Jamgo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Jamgo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Jamgo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
WHICH MEANS
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Jamgo platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.