Jaybod Terms of Service
Posted: November 11, 2021
These Terms and Conditions are an agreement between the user (“You”) and PT DesktopIP Teknologi Indonesia (“We”), which is a limited liability company established and operating legally under the laws of the Republic of Indonesia and domiciled in DKI Jakarta, Indonesia. These Terms and Conditions govern you when accessing and using the application, website (https://jaybod.com), features, technology, content and products that we provide (hereinafter, collectively referred to as the “Platform”, “Jaybod”).
A. ACCOUNT CREATION
Before using the Platform, you agree to these Terms and Conditions and register yourself by providing the information we need. When registering, we will ask you to provide your full name, e-mail address and personal mobile phone number. We can also stop using the Jaybod Platform if in the future the data you provide to us is proven to be incorrect.
Our system will create an account on the Platform (“Account”) for you which can be used to use and access all services on the Jaybod Platform.
In the event that you have logged out of your account, then you need to enter the electronic mail address that you provided at the time of registering yourself and enter a password.
Your account can only be used by you, so you cannot transfer it to another person for any reason. We reserve the right to refuse to facilitate the Service if we know or have sufficient reason to suspect that you have transferred or allowed your account to be used by another person.
The security and confidentiality of your account, including your registered name, registered e-mail address, registered mobile phone number, is entirely your personal responsibility. All losses and risks arising from your negligence in maintaining security and confidentiality as stated are borne by you.
Accordingly, We will consider any use or order made through your Account as a valid request from you. Please notify us immediately if you know or suspect that your account has been used without your knowledge and consent. We will take actions that We deem necessary and We can take against such use without consent.
B. YOUR PERSONAL INFORMATION
C. SERVICES AND SUBSCRIPTION FEES
Your unlimited access to all services available on our Platform will only be active after you fill out and submit all required data and documents and complete all subscription fee payments in a timely manner. You acknowledge that the subscription fee may differ depending on the package and the subscription period you choose, the payment method and the availability of special offers that may be offered from time to time. Subscription fees are final and must be paid in advance.
You agree to pay the applicable subscription fee without any tax deduction or withholding. If a tax deduction or withholding is mandatory, you will be responsible for paying the additional amount as necessary for us to receive full payment of the applicable subscription fee. We will notify you of the reduction or withholding of the tax by sending an electronic transaction detail letter (invoice) to you.
You agree to provide and maintain the truth, accuracy and current of a payment information with the correct payment method. You agree to be responsible for any uncollected amounts due to payment settlement failure, including due to lack of funds or credit card expiration. Once Jaybod has received full payment of your subscription fee, we will send you an electronic mail (email) notifying you of receipt of the payment and the effective date of the subscription package you selected. Your subscription will not be activated until Jaybod receives full payment of your subscription fee. By submitting your payment information, you authorize Jaybod to provide such information to our relevant Partners to facilitate payment. You must ask the credit or debit card holder’s permission before entering payment details, if you do not use your own credit or debit card to pay the subscription fee. Jaybod assumes that you have previously obtained permission if the credit card or debit card used for payment of the subscription fee is not yours.
You agree that we may stop providing you with unrestricted access to our Platform if prior to the expiration of your current subscription period, you fail to renew your subscription and settle the subscription fee for the next subscription period.
You understand that Jaybod may from time to time change prices or provide trials and special offers that may result in different amounts charged to certain Users. You agree and accept the price changes by continuing to use the access provided by your subscription plan. The price change will take effect at the beginning of the next subscription period after the price change date.
You acknowledge and understand that we do not provide refunds or transfers of funds for any cancellation or termination of services on our Platform before your subscription period ends.
We accept refund requests for your subscription package payment with the following conditions:
E. ACCESS PLATFORM
There are some areas with restricted access. We have the right to limit access to part or all of the Platform, in accordance with applicable policies as long as it does not affect the security and convenience of services on our Platform.
F. PROHIBITED USE
You are only allowed to use the Platform for lawful purposes. You may not use Our Platform:
You also agree:
2.1 Any part of Our Platform;
2.2 The equipment or network on which the Platform is stored;
2.3 any software used in providing the Platform; or
2.4 Equipment or network or software owned by any third party.
G. INTELLECTUAL PROPERTY RIGHTS
Our platform, including but not limited to, names, logos, program codes, designs, trademarks, technologies, databases, processes and business models, is protected by copyrights, trademarks, patents and other intellectual property rights available under the laws of the Republic of Indonesia registered in our name. We own all rights and interests in the Platform, including all intellectual property rights related to all the features contained therein and related intellectual property rights.
You may use any feature of Our Platform for your personal use for the duration of your subscription.
You may not modify paper or digital copies of any material that you have printed or downloaded in any way, and you may not use illustrations, photographs, video or audio clippings, or other graphics separately from the accompanying text.
You are prohibited from:
1. Copy, modify, print, adapt, translate, create copies of, distribute, license, sell, transfer, publicly display;
2. Publicly display, reproduce, transmit, broadcast via online and offline media, bypass, disassemble, or otherwise exploit any part of our Platform, including but not limited to paid content and materials on the Platform, both physically and digitally, during the subscription period or after subscribing to the Platform;
3. License, derivative license, sell, resell, transfer, assign, distribute, or otherwise exploit or share commercially Our Platform and/or other software associated with Our Platform in any way;
4. Reverse engineer or access Our Platform to:
4.1 build a competitive product or service,
4.2 build products based on ideas, features, functions, or graphics that are similar to Our Platform, or;
4.3 copy ideas, features, functionality or graphics on Our Platform;
5. Launch automated programs or scripts including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, worms, or any program that can increase server requests per second, or make the load too heavy which interferes with the operation and/or performance of Our Platform;
6. Use robots, spiders, search or site retrieval applications, or other manual or automated tools and processes to retrieve, index, mine data, or in any way duplicate or circumvent the navigational structure or appearance of Our Platform or its content;
7. Post, distribute, or reproduce in any way material with copyright, trademark or other proprietary information without the prior consent of the owner of the property rights;
H. UPLOADING CONTENT ON THE PLATFORM
You can use features that allow you to upload content or materials to our Platform (hereinafter referred to as “Content”).
1. Accurate (when they state facts);
2. Really meant (when they are expressed as an opinion); and
3. Comply with applicable laws in Indonesia and in the country from which they are written.
Content may not:
1. Contains material that defame someone;
2. Contains obscene, offensive, hateful or inflammatory material;
3. Promote content related to gambling, sweepstakes and/or betting;
4. Promote sexually explicit material;
5. Promote violence;
6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
7. Promote hacking and/or cracking services;
8. Promote access to fraudulent products, money laundering, multi-level marketing schemes, and pirated products;
9. Promote access to trafficking in persons and human organs;
10. Promote access to illicit substances and narcotics;
11. Promote access to cigarettes and tobacco-based materials;
12. Promote the unauthorized sale of products that require a license (eg drugs, explosives, firearms, etc.);
13. Violate copyright, database rights, or trademarks of others;
14. Can deceive someone;
15. Created in violation of any legal obligations to third parties, such as contractual obligations or confidentiality obligations;
16. Promote any unlawful activity;
17. Threatening, abusing, or invading another’s privacy, or causing unnecessary annoyance, inconvenience or anxiety;
18. Can harass, offend, embarrass, worry or annoy anyone;
19. Used to impersonate another person, or to falsify your identity or affiliation with another person;
20. Give the impression that the Content is from Us, when it is not true; and
21. Advocating, promoting or assisting unlawful acts such as (as examples only) copyright infringement or computer abuse.
You warrant that the Content complies with the stated standards, and that you will be fully responsible to us and indemnify us for any breach of these warranties. Accordingly, you will be responsible for any loss or damage that we suffer as a result of your breach of warranty.
We also reserve the right to disclose your identity to any third party who claims that the Content you post or upload is a violation of their intellectual property rights, or their right to privacy.
We are not responsible or liable by any third party, for the Content or the accuracy of any Content posted by you or other users of our Platform.
We reserve the right to delete any content that you create on our platform if, in our opinion, your content does not meet the content standards set out in our terms and conditions.
The views expressed by other users on Our Platform do not represent our views or values.
You are solely responsible for securing and backing up your Content.
I. REPORT OF POSSIBLE VIOLATIONS
Please ensure that you include, in the report (Report), the following information:
2. A description of the infringement or illegal content and the link where the content is located;
3. Screenshots of infringing or illegal content;
4. Your full name, address and telephone number, e-mail address where you can be contacted, and your Account username if you have one
By creating a Report, you will be deemed to have included, in the Report:
1. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
2. A statement that the information in the Report is accurate; and
3. In cases where you report content that you believe violates copyright or other related rights, a statement that you are authorized to act on behalf of the owner of the copyright or other rights that are alleged to have been infringed.
J. NECESSARY ACTIONS
If we know or have sufficient reason to suspect that you have committed immoral acts, violations, crimes or other actions that are contrary to these Terms and Conditions and/or applicable laws and regulations, whether referred to in these Terms and Conditions or not, then We have the right to and can freeze the Account, either temporarily or permanently, or terminate your access to the Platform, carry out inspections, demand compensation, report to the authorities and/or take other actions that we deem necessary, including criminal and civil law actions.
We will follow up by conducting an investigation and/or facilitating the person concerned to report to the authorities if we receive a report of a violation by you of these Terms and Conditions or a violation of the applicable laws and regulations, in connection with verbal harassment or violence, including but not limited to, on physical, gender, ethnicity, religion and race.
K. SERVICE GUARANTEE
The use of the Platform with any risks that may occur is the sole responsibility of the User. The content on the Platform is available on an as is basis and as available without any guarantees including any related guarantees for trading, buying, and selling purposes, or other special uses. There is no guarantee that access to the Platform will always be hassle-free or error-free, and regardless of the results obtained.
L. THIRD PARTY LINKS
M. PLATFORM DEVELOPMENT
We reserve the right to develop, change, and/or adjust the content and services of the Platform permanently or for a certain time, with or without prior notification to the User.
N. PRIVACY GUARANTEE
O. YOUR RESPONSIBILITY
You are solely responsible for the decisions you make to use or access the Platform. You must behave with respect and must not engage in any unlawful, threatening or harassing behavior or actions when using the Platform.
We do not guarantee that Our Platform will be secure or free from bugs or viruses. You are responsible for managing the information technology, computer programs, and platforms you use to access our Platform. You should use your own anti-virus software.
P. LIMITATION OF LIABILITY
You understand and agree that the services on our Platform are provided as is and as available. To the extent permitted by applicable laws and regulations, we do not, either expressly or impliedly, make a guarantee, support or provide any representation in any form in connection with the provision of services on our Platform. This includes but is not limited to implied warranties of merchantability and suitability for a particular purpose and no infringement, and warranties that access to or use of the Platform will not be interfered with or not. any errors or defects on the Platform will be corrected.
To the extent permitted by applicable laws and regulations, in no case will we be liable for any form of loss or damage, either directly or indirectly, or loss of data, use, goodwill, or other intangible losses, resulting from because:
By using and accessing the Platform, you agree that any answers, information, materials and content displayed on the Platform are in accordance with our best knowledge and intentions, and you agree to independently verify the authenticity and correctness of the published answers, information, materials and content. Any action you take on the basis of the information contained on the Platform is your own responsibility and risk and we are not responsible for the consequences of your actions.
Q. FORCE MAJEURE
The Jaybod Platform may be interrupted by events beyond our authority or control, including but not limited to natural disaster events, disease outbreaks, riots, wars, fires, sabotage, general strikes, power outages, telecommunications disruptions, government policies, and others (“Force Majeure”). You agree to indemnify and hold Jaybod harmless from any claims and demands, if we are unable to facilitate access and/or use of the Platform, in whole or in part, due to a Force Majeure.
R. APPLICABLE LAW
S. OTHER TERMS
You understand and agree that these Terms and Conditions are an agreement in electronic form and your action of pressing the register button when opening an account or the login button when accessing your account is your active agreement to enter into an agreement with us so that the validity of these Terms and Conditions and the Policy Privacy is legal and legally binding and continues to apply throughout your use of the Platform.
We may update the Platform from time to time and change its content at any time. However, please note that Our Platform may have content that is not updated at certain times, and We are not responsible for updating it. We do not guarantee that Our Platform, nor the content contained therein, can be completely free from errors or omissions.
You may not transfer your rights under these Terms and Conditions without our prior written consent. However, we may transfer our rights under these Terms and Conditions at any time to other parties without the need to obtain prior approval from or provide prior notice to you.
If you do not comply with or violate the provisions of these Terms and Conditions, and we do not take action directly, it does not mean that we waive our right to take necessary action in the future.
These Terms remain in effect even after the temporary suspension, permanent suspension, deletion of the Platform or after the expiration of this agreement between You and Us.
If any of the provisions of these Terms and Conditions is unenforceable, it will not affect the other provisions.
T. HOW TO CONTACT US
To contact us, please send an e-mail to email@example.com
I have read and understood all of these Terms and Conditions and their consequences and hereby accept all rights, obligations and conditions set forth therein.
Posted: November 11, 2021
PT DesktopIP Teknologi Indonesia (“We”) strongly supports the Confidentiality of a person’s Personal Information. We are committed to protecting and respecting user privacy (“you”) when accessing and using the application, website (http://jaybod.com), features, technology, content and products that we provide (hereinafter, collectively referred to as (“Platforms”, “Jaybod”).
A. PERSONAL INFORMATION WE CAN COLLECT
We may collect Personal Information in the form of:
1. The information you provide. You can provide information through electronic forms on our Platform or by correspondence through telephone, electronic mail, and so on. This information includes information that you provide when registering on our platform, subscribing to our services, and when you report issue(s) with our platform. The information you provide may include your name, address, email address, telephone number, financial and credit card information, personal description, photos, and other data. We may ask you to verify the information you provide, to ensure the accuracy of the information
2. Information we collect. For each of your visits to our Platform, we may collect the following information automatically:
2.1 Technical information, including the Internet Protocol (IP address) address used to connect your computer to the internet, your log in information, browser type and version (browser) used, time zone settings, browser plug-in type and version , operating systems and platforms;
2.2 Information about your visit, including a complete list of Uniform Resource Locators (URLs) visited to, through and from Our Platform (including date and time); the product you are viewing or searching for; page response times, download problems, length of visits to certain pages, interaction information on pages (such as scrolling, clicks, or mouse movements), the method used to leave the site, and the phone number used to contact our customer service.
2.3 Your score data, including but not limited to your test results obtained through the Platform, as well as other academic data.
3. Information we receive from other sources. We may receive information if you use other sites that we operate or other services we provide. We also work with third parties (including, but not limited to, for example, business partners, sub-contractors in technical services, payment and delivery services, advertising networks, analytics providers, information retrieval providers, and credit reference agencies) (“Our Partners ”) and can receive information from them. We will take steps within reasonable limits to verify the information we get from other sources in accordance with the Applicable Regulations.
B. USE OF PERSONAL INFORMATION
We use Personal Information in the following ways:
1. The information you provide. We will use this information:
1.1 To carry out our obligations in providing information, products and services to you;
1.2 To provide information regarding other products and services that we offer; to provide you, or allow third parties to provide you with, information about products and services that we think may be of interest to you. If you are an existing customer, we may contact you electronically or by other means with information about our products and services. If you are a new customer, and where we allow third parties to use your Personal Data, we (or they) may contact you electronically only if you have given your consent.
1.3 To notify you of changes to our services;
1.4 To ensure that content from Our Platform is presented in the most effective way for you.
2. Information we collect. We will use this information:
2.1 To manage our Platform and internal operations, including troubleshooting, data analysis, testing, research, and other statistical and survey purposes;
2.2 To improve Our Platform so that content is ensured that it can be served in the most effective way for you;
2.3 To enable you to participate in new features in our services, when you wish;
2.4 As part of our efforts to ensure the safety and security of our Platform;
2.5 To measure and understand the effectiveness of the advertising that we do to you and other parties, as well as to serve advertisements for products and services that are relevant to you;
2.6 To provide input and recommendations to you and other users of our Platform regarding products and services that may interest you and them.
3. Information we receive from other sources. We may combine information we receive from other sources with information you provide and information we collect. We may use this information as well as the combined information for the purposes set out above (depending on the type of information we receive).
C. DISCLOSURE OF PERSONAL INFORMATION
We may share or disclose Personal Data with members of Our business group, which includes branches and subsidiaries, as well as the main parent company and its subsidiaries.
We may share Personal Data with third parties, including:
1. Business partners, suppliers and sub-contractors in the performance of the contracts we enter into with them or you;
2. Advertisers and ad networks that need data to select and offer relevant ads to you and other users. We do not disclose information about identifiable individuals, but We may provide them with aggregate information about Our users (e.g. information that 1000 men under the age of 30 have accessed their advertising link on a given day). We may also provide aggregated information to assist advertisers in reaching specific target audiences (for example, women in West Jakarta). We may use the personal data we collect to fulfill advertisers’ requests by displaying their ads to that target audience;
3. Analytics providers and search engines that help us to improve and optimize our platform.
We may disclose information to third parties:
1. In situations where we sell or buy companies and/or assets, we may disclose data to potential buyers or sellers of such companies or assets;
2. If PT DesktopIP Teknologi Indonesia or the substantial assets related therein are acquired by a third party, then the Personal Data held about our customers will be one of the transferred assets.
3. If We are under a responsibility to disclose or share data in order to comply with legal obligations and other agreements; or protect the rights, property, or security of PT DesktopIP Teknologi Indonesia, our customers, and others. This includes exchanging information with other companies and organizations for the purpose of fraud protection and credit risk reduction.
D. STORAGE OF PERSONAL INFORMATION
All Personal Information that you provide will be stored by us:
a. as long as you are still a user of Our Platform;
b. at least 5 (five) years from the date on which you stop using Our Platform; or
c. in accordance with the original purpose for which the Personal Information was collected
In situations where we provide (or you choose) a password that allows you to access certain parts of our platform, you are responsible for maintaining the confidentiality of this password. We ask you not to share your password with anyone.
Please note that the transmission of information over the internet is not completely secure. Nonetheless, We will try our best to protect such Personal Information. We cannot guarantee the security of data sent to our Platform. The risk of any transmission is your responsibility. Once we receive your Personal Information, we will use strict procedures and security features to prevent unauthorized access.
E. YOUR RIGHTS
Depending on the circumstances and nature of the request you request, you must understand and acknowledge that after the withdrawal of such consent or request for removal, you may no longer be able to use the Platform. Withdrawal of your consent may result in the termination of your Account or your contractual relationship with us, with all rights and obligations arising in full to be fulfilled. Upon receipt of a notification to withdraw consent for the collection, use or disclosure of your Personal Information, We will inform you of the possible consequences of such withdrawal so that you can decide whether or not you wish to withdraw your consent.
You can ask Us to access and/or correct your Personal Information which is in our possession and control, by contacting us at the details provided below.
Our Platform may, from time to time, contain links to and from websites belonging to partner networks, advertisers and other affiliates. If you follow a link to one of these sites, please note that these sites have their own Privacy Policies and that We are not responsible or liable for those policies. Please check these policies before you submit any information to these sites.
F. COOKIES POLICY
When you use the Platform, we may place a number of cookies on your browser. Cookies are small digital files containing letters and numbers that we store on your browser or computer hard drive with your consent. Cookies contain information that is transferred to your computer’s hard disk.
Cookies may be used for the following purposes:
a. activate certain functions;
b. provide analysis;
c. save your preferences; and
d. enables the delivery of advertising and behaviour based advertising.
Some of these cookies will only be used if you use certain features, or choose certain preferences, while some other cookies will always be used.
1. Cookies required for the operation of this Platform include, for example, cookies that allow you to enter secure areas of Our Platform, use a shopping cart, or use electronic billing services.
2. Cookies allow us to recognize and count visitors and see how visitors move around our platform when they use it. This helps Us improve the way the Platform works, for example, by ensuring users find what they are looking for easily.
3. Cookies are used to identify you when you return to the Platform. This allows us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
4. Cookies record your visits to the Platform, the pages you have visited and the links you have followed. We will use this information to make the Platform and the advertisements posted on it more relevant to your interests. We may also share this information with third parties for that purpose.
Please note that third parties (including, for example, advertising networks and external service providers such as web traffic analysis services) may also use these cookies, over which we have no control. These cookies tend to make Our Platform and the advertisements displayed on it more relevant to your interests, as well as improve the performance of Our Platform.
You can delete cookies by performing the clear data function on your mobile app or web browser which allows you to refuse the setting of all or part of cookies. However, you may not be able to access all or part of our Platform.
G. ACKNOWLEDGMENT AND APPROVAL
In the event that you provide Personal Information relating to other individuals (eg Personal Information relating to your spouse, family members, friends, or other parties) to us, then you represent and warrant that you have obtained consent from that individual to, and with hereby consent on behalf of such individuals to, the collection, use, disclosure and processing of their Personal Information by Us.
H. MARKETING MATERIALS
J. CONTACT INFORMATION
Jaybod End User Agreement
Posted: November 11, 2021
(1) “DesktopIP” means PT DesktopIP Teknologi Indonesia, a limited liability company established under the laws of the Republic of Indonesia, as the owner and developer of Product services.
(2) “You” means any person or legal entity who accesses and uses and has registered with the Product.
(3) “Product” means software as a service owned and developed by DesktopIP, namely Jaybod, which can be accessed through the http://jaybod.com website along with mobile and computer applications that can be downloaded through the Website, Google Playstore and Apple Store under the name Jaybod.
(4) “Application” includes software contained on the Product, associated media, any online mode software from the Product, any printed materials, manuals, any online or electronic documentation, and all copies of the Product and such materials.
(1)DesktopIP warrants that it will deliver the Products in a professional manner and use reasonable and prudent capabilities in accordance with generally recognized commercial practices and standards in the information technology industry. If the Application is not provided as promised, DesktopIP at its sole discretion will repair the Application at the same value as what you have paid for the non-conforming Application. It is DesktopIP’s sole responsibility and your sole remedy for breaches of this clause 2 paragraph (1).
(2) You acknowledge and understand that the smoothness and continuity of the Application is highly dependent on the accuracy and smoothness of the internet network and/or Global Positioning System owned or located at the End User’s location. You hereby guarantee that there will be no complaints, demands, or claims against DesktopIP for the non-functioning or malfunctioning of the Product caused by the weak internet network and/or the Global Positioning System.
(3) DesktopIP does not provide any other warranties and explicitly disclaims any other warranties other than those stated in this Agreement, whether stated or stipulated by law, trade customs, or transaction procedures.
(4) You agree to indemnify DesktopIP and its personnel or employees for any losses, expenses, legal costs, and liabilities (currently and in the future, continuing, and all things based on compensation), suffered by DesktopIP as a result of or in connection with a violation of this Agreement or other documents made by you and/or for actions
taken by DesktopIP from the time the breach of the Agreement or other documents occurred until it was resolved.
(5) The availability and reliability of the Application is based on the availability and quality of the internet network at the user’s location and connected to your device. You understand and agree not to claim or sue DesktopIP for any failure to provide services due to the unavailability or unreliability of the internet network connected to the device you use to access the Product.
3. PRODUCT USE
(1) You can access, display and/or operate this Application on the device that you use for personal and non-commercial purposes, which means that the Application may only be accessed and used directly by individuals or legal entities. Users may not copy, modify, modify, embed or create any derivative works based on the data released by this Application, the memory of any terminal device used by this Application, or the communication process between the client and server. If commercial sale, reproduction and distribution is required (eg pre-installation or software bundling), prior written permission must be obtained from DesktopIP.
(2) You are prohibited from using the Application for the following things or in the following ways:
a. to harm, torture, humiliate, slander, defame, threaten, intimidate or harass another person or business, or anything that violates privacy or any conduct that DesktopIP considers hateful, obscene, inappropriate, inappropriate or discriminatory;
b. by means or purposes that are unlawful, fraudulent or commercial;
c. by violating or violating the rights of others, including but not limited to patents, trademarks, trade, copyrights, trade secrets, publicity, and other proprietary rights;
d. using automated computer code, process or system, screen scraping, robot, net crawler, spider, data processing, trawling or computer code; and/or e. violates this Agreement, or other provisions contained in the Application.
(3) The features available on the Product have been determined exclusively by DesktopIP. You cannot request additions or modifications to features or Products (custom). The addition or modification of features or Products is at DesktopIP’s sole discretion. DesktopIP will accept your suggestions and feedback, but has no obligation to fulfill your custom requests.
(4) You must study the Product and understand the features available. Everything that is not provided to you by DesktopIP either through the website, application, presentation material, or exposure of DesktopIP personnel or through this Agreement, is not the responsibility and scope of work of DesktopIP. Therefore, upon any promise or representation of the availability or availability of certain services that you obtain from third parties, you release DesktopIP from all forms of compensation, claims and compensation.
(5) System or Application failure is not the responsibility of DesktopIP if the failure is caused by:
a. your use of the Products in a manner not permitted by this Agreement; b. general internet issues, Force Majeure events or other factors beyond DesktopIP’s control;
c. failure or malfunction of your equipment including but not limited to hardware, software, network connections or other infrastructure; or
d. system failures or malfunctions, acts or omissions of third parties; or reasonable or extraordinary scheduled maintenance or emergency maintenance.
4. LICENSE GRANTING
(1)DesktopIP grants you a revocable, non-exclusive, non-transferable and limited right to install and use the Application on devices owned and controlled by you, and to access and use the Application on such devices under the terms and conditions of this License Agreement, terms and conditions contained in the Application itself, and other agreements relating to your device.
(2) All rights not specifically granted under the License are owned by DesktopIP. This license does not grant you any right or title to the Application and is not construed as a sale or transfer of any intellectual property rights or other rights
5. INTELLECTUAL PROPERTY RIGHTS
(1) You agree that copyright and all intellectual property rights in data, concepts, utilities and/or work developed by DesktopIP as part of or in connection with the Products, including but not limited to ideas, inventions, innovations, inventions, computer programs, formulas, processes, techniques, know-how, data or improvements are the absolute property and inherent of DesktopIP, exclusive and without limitation.
(1) A Party from time to time discloses (“Disclosing Party”) to another Party (“Receiving Party”) certain confidential information belonging to the Disclosing Party. Except as expressly permitted under this Agreement, for a period of one (1) year following disclosure, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, dissemination or publication, in the same manner if the Receiving Party used information belonging to him, but no less than a reasonable way.
(2) The Receiving Party will not use the Disclosing Party’s Confidential Information for purposes that are expressly not permitted in this Agreement, and will limit the disclosure of the Disclosing Party’s Confidential Information to employees or agents or affiliates or subsidiaries of the Receiving Party who need to know the Information. Confidential for the purposes of this Agreement, and is, with respect to Confidential Information of the Disclosing Party, in writing bound by confidentiality provisions which are not less than the provisions set forth herein. Without prejudice to the following,
(3) For the purposes of this Agreement, the term “Confidential Information” means
(a) product plans, designs, costs, prices and names, unpublished financial information, marketing plans, business opportunities, personnel, research, development, technical skills and non-technical business information relating to one of the Parties;
(b) all information declared by the Disclosing Party to be Confidential Information in writing or, if disclosed verbally, declared confidential at the time of disclosure and written and declared Confidential Information in writing within thirty (30) days; and (c) the terms and conditions of this Agreement; provided that “Confidential Information” does not include information that has been or has become public or available as a result of publication,
(4) The Receiving Party will return to the Disclosing Party, destroy or delete all Confidential Information of the Disclosing Party in tangible and/or electronic form upon request in writing by the Disclosing Party or upon termination or termination of this Agreement, whichever occurs first. in the past, and with respect to both matters, the Receiving Party will promptly state and in writing certify that this has been done.
7. LIMITATION OF LIABILITY
(1) In no event shall either Party be liable for any indirect, incidental or special damages arising from any claim or action stated herein, and/or for any loss of profits, income, your contract, loss of use, business interruption, loss of data, or failure to recognize any cost savings, despite being advised of the possibility of such losses.
(2) You and DesktopIP acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes the intellectual property rights of any third party, you will be responsible for the investigation, defense, settlement and release of such intellectual property claim. You must notify DesktopIP in writing of any such claim.
8. TERM AND TERMINATION
(1) This agreement will be valid for as long as you use the Product.
(2) Either Party may terminate this Agreement immediately after giving written notice to the other Party if the other Party violates this Agreement and fails to remedy the breach within thirty (30) days of receipt of the request to remedy the matter, the other Party terminates its business activities. for any reason or threatened to terminate its business activities that may affect this Agreement or the other Party is declared bankrupt, liquidated or other forms of insolvency.
(3) In the event that you terminate this Agreement unilaterally not for the reasons contained in article 8 paragraph (2) of this Agreement and for no apparent reason,
then you are declared “Default” and must fulfill all of its obligations to make all subscription payments according to the term of the Agreement.
(1) You can contact DesktopIP to find out more about other DesktopIP applications, products and services at Ayam Bulungan Building 3rd Floor, Jl. Bulungan 1, No. 64, RT.06/RW.06, Kramat Pela Village, Kebayoran Baru District, South Jakarta City, Phone: (021) 7293693, Email:firstname.lastname@example.org
10. OTHER TERMS
(1) By downloading, installing or using the Product, you accept all the terms of this Agreement. You will have the right to use the Application or Products if you comply with the terms of this Agreement.
(2) This agreement is made in English and Indonesian. In the event that there is a discrepancy or conflict between the Indonesian and English texts, the Indonesian text shall govern and prevail.
(3) You may not assign any of its rights or obligations under this Agreement without DesktopIP’s written consent.
(4) This agreement will be governed by and subject to the laws of the Republic of Indonesia. Any dispute arising out of or in connection with this Agreement, including questions regarding its validity, validity or termination, shall be referred to and resolved by the South Jakarta District Court. Nothing in this paragraph shall prevent a Party from seeking or seeking an equivalent settlement of damages of an urgent nature before appropriate judicial proceedings.
(5) You hereby waive the application of Articles 1266 and 1267 of the Civil Code which require a formal application to the court in the event of a contract termination.
(6) You must ensure its compliance with applicable laws, laws and regulations in relation to its activities under this Agreement.
(7) DesktopIP reserves the right to change this Agreement without any prior notification. Other provisions that are included separately in the Application can complement this Agreement.
(8) If any provision of this Agreement or its application is declared invalid, illegal or unenforceable, the remainder of this Agreement will remain valid and valid to the extent permitted by applicable law.
(9) You and DesktopIP are deemed not to waive their rights under this Agreement, unless you or DesktopIP have notified the other party in writing that he has waived those rights. Delay or failure to exercise their rights shall not be considered as a waiver of any breach of contract or its consequences.
This agreement can be accessed on the http://jaybod.com website. You are advised to periodically access the page and read the End User Agreement section because DesktopIP may change or make addendums (to the extent permitted by applicable laws or regulations) from time to time.