Terms of Service

Last updated: Jul 11, 2023

Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words capitalized in these Terms have specific meanings defined under certain conditions.

Definitions

For the purposes of these Terms of Service:

- "Account" means a unique account created for you to access our Service or parts of our Service.

- "Affiliate" refers to an entity that is controlled by, controls, or is under common control with Jacoby Technologies, where "control" means owning 50% or more of the shares, equity interest, or other voting securities.

- "Content" refers to any text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you on the Service.

- "Country" refers to the country where Jacoby Technologies operates.

- "Device" means any device, such as a computer, cell phone, or digital tablet, that can access the Service.

- "Feedback" means any feedback, innovations, or suggestions you provide regarding the attributes, performance, or features of our Service.

- "Jacoby Technologies" (referred to as "the Company," "we," "us," or "our") refers to Jacoby Technologies LLC.

- "Service" refers to the services provided by Jacoby Technologies.

- "Terms of Service" (referred to as "Terms") mean these Terms of Service that constitute the entire agreement between you and Jacoby Technologies regarding the use of the Service.

- "Third-party Service" refers to any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

Acknowledgment and Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms of Service. If you disagree with any part of these Terms, you may not access the Service.

You represent that you are of legal age and have the authority to enter into this agreement on behalf of yourself or the entity you represent. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Your access to and use of the Service is also subject to our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information when you use our Service.

User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so may result in the termination of your account.

You are responsible for maintaining the confidentiality of your account and password and for any activities or actions that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Content

By using our Service, you may post, upload, link to, or otherwise make available content. You are solely responsible for the legality, reliability, and appropriateness of the content you post.

By posting content on our Service, you grant Jacoby Technologies a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute the content. You retain ownership and responsibility for your content.

You agree not to post content that is unlawful, offensive, defamatory, or infringing upon the rights of others. Jacoby Technologies reserves the right to remove any content that violates these Terms or is otherwise objectionable.

Copyright and Intellectual Property

The Service and its original content, features, and functionality are owned by Jacoby Technologies and are protected by international copyright and other intellectual property laws.

You may not use, reproduce, modify, or distribute any copyrighted material or intellectual property without the express written permission of Jacoby Technologies.

Links to Third-Party Services

Our Service may contain links to third-party services or websites that are not owned or controlled by Jacoby Technologies. We have no control over the content, privacy policies, or practices of any third-party services or websites.

Jacoby Technologies assumes no responsibility for the content, privacy policies, or practices of any third-party services or websites. You acknowledge and agree that Jacoby Technologies shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party services or websites.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JACOBY TECHNOLOGIES OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT DISPLAYED ON OR ACCESSED THROUGH THE SERVICE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

Indemnification

You agree to defend, indemnify, and hold harmless Jacoby Technologies and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas.  Further, you and we agree to the jurisdiction of the state and federal courts located in Travis County, Texas, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or your use of or access to the Service.

Changes to These Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice at least 30 days before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

Miscellaneous

If any portion of these Terms is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. 

These Terms represent the entire understanding and agreement between you and Jacoby Technologies regarding the subject matter of the same and supersede all other previous agreements.

Contact Us

If you have any questions about these Terms of Service, please contact us:

- By visiting our website: finitloyalty.com/terms

- By sending an email to: jacoby@finitloyalty.com

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