1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Chat with Maria Instagram chatbot (the "Service") provided by Jeext ("we", "us" or "our"). By accessing or using the Service, you ("User", "you" or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
We reserve the right to change, modify or otherwise update these Terms at any time, at our sole discretion. You should periodically review these Terms to ensure you are familiar with the most current version. Your continued use of the Service constitutes your acceptance of any changes to the Terms.
2. Eligibility
To be eligible to use the Service, you must be at least 18 years old or have reached the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract. By accessing or using the Service, you represent that you meet these requirements.
3. Account Registration and Subscription
To access the Service, you must have an active Instagram account. You may subscribe to the Service by completing the registration process and paying the applicable monthly subscription fee. You agree to provide accurate and complete information when registering and to keep your information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from using the Service in any way that:
- Violates any applicable laws, regulations or third-party rights;
- Is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy or otherwise objectionable;
- Impersonates any person or entity or misrepresents your affiliation with a person or entity;
- Transmits any unsolicited or unauthorized advertising, promotional materials, spam or any other form of solicitation;
- Contains any viruses, malware or other harmful or malicious code;
- Interferes with, disrupts or attempts to gain unauthorized access to the Service or any related systems or networks;
- Violates any intellectual property rights, including but not limited to copyright, trademark and patent rights; or
- Encourages or assists any other person in engaging in any of the activities prohibited by these Terms.
5. Subscription Fees and Payment
The Service is available to you upon payment of a monthly subscription fee. The subscription fee will be billed in advance on a recurring monthly basis. You are responsible for providing a valid payment method and for ensuring that your payment information is up to date.
We reserve the right to change the subscription fees at any time. We will provide you with advance notice of any changes, and your continued use of the Service after the effective date of the new fees constitutes your acceptance of the new fees.
If your payment method fails or your account is past due, we may suspend or terminate your access to the Service. You are responsible for any fees incurred by us in connection with your non-payment, including collection fees and legal fees.
6. Cancellation and Termination
You may cancel your subscription to the Service at any time by following the instructions provided in your account settings. Upon cancellation, your access to the Service will continue until the end of the current billing period, and you will not be charged for any subsequent periods. No refunds will be provided for any unused portion of your subscription.
We reserve the right to suspend or terminate your access to the Service for any reason, including but not limited to your breach of these Terms, your non-payment of subscription fees or any other reason we deem appropriate. In the event of termination, you will not be entitled to any refund of subscription fees or any other compensation.
7. Intellectual Property Rights
All rights, title and interest in and to the Service, including but not limited to all software, text, graphics, images, logos, and other materials, are the exclusive property of Jeext or its licensors and are protected by international copyright, trademark and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any material from the Service without our prior written consent.
The Chat with Maria name and logo, the Jeext name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Jeext or its affiliates or licensors. You may not use such marks without our prior written consent.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available" without any warranties of any kind, whether express, implied or statutory. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Jeext, its affiliates, or their respective directors, officers, employees or agents be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with your use of, or inability to use, the Service or any part thereof, even if we have been advised of the possibility of such damages.
In any event, our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Service shall not exceed the amount paid by you for the Service in the six (6) months immediately preceding the date of the claim.
10. Indemnification
You agree to defend, indemnify and hold harmless Jeext, its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with your access to or use of the Service, your breach of these Terms or your violation of any third-party rights.
11. Governing Law and Jurisdiction
These Terms and any disputes arising out of or relating to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in France, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
12. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, between you and us relating to the subject matter hereof.
If any provision of these Terms is found to beunenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign, transfer or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer or sublicense any of our rights or obligations under these Terms without restriction.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Any notices, requests or other communications provided by you under these Terms shall be in writing and addressed to Jeext at support@jeext.com.
13. Contact Information
If you have any questions or concerns about these Terms, the Service or any other matter, please contact us at support@jeext.com.