We’ve drafted these Terms of Service (which we call the “TOS”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the TOS, there are places where these TOS may still read like a traditional contract. There’s a good reason for that: These TOS do indeed form a legally binding contract between you and Jikoo Technologies Inc. So please read them carefully.By using Jikoo App, or any of our other products or services that link to these TOS (we refer to these collectively as the “Services”), you agree to the TOS. Of course, if you don’t agree with them, then please don’t use the Services.ARBITRATION NOTICE: THESE TOS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND JIKOO TECHNOLOGIES INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND JIKOO TECHNOLOGIES INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.1. Who Can Use the ServicesNo one under the age of 12 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.By using the Services, you state that:You can form a binding contract with Jikoo Technologies Inc.You are not a person who is barred from receiving the Services under the laws of the Canada, United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.You are not a convicted sex offender.You will comply with these TOS and all applicable local, provincial and state, national, and international laws, rules, and regulations.If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these TOS and to agree to these TOS on behalf of the business or entity.2. Rights We Grant YouJikoo Technologies Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these TOS and our usage policies, such as our Community Guidelines, allow.The current Services include a message function called Conversations, which allows you to stay in touch with friends via direct text based communication, Tribes which allow you to build groups of friends and Explore, which allows you to see local venues and establishments. Nothing in these TOS suggests we MUST continue to provide these Services or that we can not add new Services in the future.Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.3. Rights You Grant UsMany of our Services let you create, upload, post, send, and receive content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected and how you have managed the stored data available to us at any given time.We call Top Friends that are set to be viewable by Everyone as well as content you submit to Tribes or crowd-sourced Services, including chats, “Public Content.” For all content you submit to the Services other than Public Content, you grant Jikoo Technologies Inc. royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant Jikoo Technologies Inc., our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Jikoo Technologies Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Jikoo Technologies Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Jikoo Chat application or on one of our business partner’s platforms.While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these TOS. YOU ALONE, THOUGH, REMAIN RESPONSIBLE FOR THE CONTENT YOU CREATE, UPLOAD, POST, SEND, OR STORE THROUGH THE SERVICE.The Services may contain promotions. In consideration for Jikoo Technologies Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place promotions on the Explore Services.We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.4. The Content of OthersMuch of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Jikoo Technologies Inc. reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.Through these TOS and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our TOS or Guidelines.5. PrivacyYour privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy on the App Store or Play Store. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Jikoo Technologies Inc. can collect, use, and share your information consistent with that policy. We also respect that your information is yours and at any time you can submit a request to review what information Jikoo Technologies Inc. has collected and delete it from our records if desired.6. Respecting Other People’s RightsJikoo Technologies Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.• bullies, harasses, or intimidates.• defames.• spams or solicits our users.You must also respect Jikoo Technologies Inc.’s rights, You may not do any of the following (or enable anyone else to do so):• use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services for commercial purposes.• violate or infringe Jikoo Technologies Inc.’s copyrights, trademarks, or other intellectual property rights.• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these TOS.• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.In short: You may not use the Services or the content on the Services in ways that are not authorized by these TOS. Nor may you help anyone else in doing so.7. Respecting CopyrightJikoo Technologies Inc. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Jikoo Technologies Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice with our designated agent:Jikoo Technologies Inc.
1900, 520 3rd AV SW Calgary, AB T2P 0R3.
email: copyright@Jikoo.coDon’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored.If you file a notice, it must comply with the following:• It must contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.• It must identify the copyrighted work claimed to have been infringed.• It must identify 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 let us locate the material.• It must provide your contact information, including your address, telephone number, and an email address.• It must provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.• It must provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.8. SafetyWe try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:You will not use the Services for any purpose that is illegal or prohibited in these TOS.You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.You will not use or attempt to use another user’s account, username, or password without their permission.You will not solicit login credentials from another user.You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.You will not upload viruses or other malicious code or otherwise compromise the security of the Services.You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these TOS.We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Jikoo and drive. And never put yourself or others in harm’s way just to capture a Jikoo.9. Your AccountYou are responsible for any activity that occurs in your Jikoo account. So it’s important that you keep your account secure. One way to do that is ensure the authorization code used to log in only is visible on your device.By using the Services, you agree that, in addition to exercising common sense: You will not share your authorization.You will not log in or attempt to access the Services through unauthorized third-party applications or clients.If you think that someone has gained access to your account, please immediately reach out to Jikoo Support.10. Data Charges and Mobile PhonesYou are responsible for any mobile charges that you may incur for using our Services, including text- messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.If you change or deactivate the mobile phone number that you used to create a Jikoo account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.11. Third-Party ServicesIf you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party and may not be clearly delivered via a third party), each party’s terms will govern the respective party’s relationship with you. Jikoo Technologies Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.12. Modifying the Services and TerminationWe’re continually improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.While we hope you remain a lifelong Jikoo User, you can terminate these TOS at any time and for any reason by deleting your account.Jikoo Technologies Inc. may also terminate these TOS with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.Regardless of who terminates these TOS, both you and Jikoo Technologies Inc. continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the TOS.14. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Jikoo Technologies Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these TOS.
15. DisclaimersWe try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Jikoo Inc. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.JIKOO TECHNOLOGIES INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH JIKOO TECHNOLOGIES INC. WILL BE RESPONSIBLE FOR.16. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, JIKOO TECHNOLOGIES INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF JIKOO TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JIKOO TECHNOLOGIES INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID JIKOO TECHNOLOGIES INC., IF ANY, IN THE LAST 12 MONTHS.17. Arbitration, Class-Action Waiver, and Jury WaiverPLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND JIKOO TECHNOLOGIES INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.Applicability of Arbitration Agreement. You and Jikoo Technologies Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these TOS or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and JikooTechnologies Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these TOS.Arbitration Rules. Whether in Canada, the United States or otherwise, the Alberta Provincial Arbitration Act, the “Act”, governs the interpretation and enforcement of this dispute-resolution provision insomuch as the dispute is defined as commercial pursuant to the laws of Canada. The rules of the Act will govern all aspects of this arbitration, except to the extent those rules conflict with these TOS. Any claims or disputes where the total amount sought is less than $10,000 CND may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 CND or more, the right to a hearing will be determined by the Act’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Jikoo Technologies Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the Act’s rules, and the TOS. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Jikoo Technologies Inc.Waiver of Jury Trial. YOU AND JIKOO TECHNOLOGIES INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jikoo Technologies Inc. are instead electing to have claims and disputes resolved by arbitration.Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Jikoo Technologies Inc. over whether to vacate or enforce an arbitration award, YOU AND JIKOO TECHNOLOGIES INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Jikoo Technologies Inc. can force the other to arbitrate. To opt out, you must notify Jikoo Technologies Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Jikoo username and the phone number or email address you used to set up your Jikoo account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Jikoo Technologies Inc., ATTN: Arbitration Opt-out, 1900, 520 3rd AV SW Calgary, AB T2P 0R3.Small Claims Court. Notwithstanding the foregoing, either you or Jikoo Technologies Inc. may bring an individual action in small claims court.Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Jikoo Inc.18. Exclusive VenueTo the extent that these TOS allow you or Jikoo Technologies Inc. to initiate litigation in a court, both you and Jikoo Technologies Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the TOS or the use of the Services will be litigated exclusively in Canada in the Province of Alberta. You and Jikoo Technologies Inc. consent to the personal jurisdiction of this court.19. Choice of LawExcept to the extent they are preempted by International Law, the laws of Alberta, other than its conflict-of-laws principles, govern these TOS and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these TOS or their subject matter.20. SeverabilityIf any provision of these TOS is found unenforceable, then that provision will be severed from these TOS and not affect the validity and enforceability of any remaining provisions.21. Additional TOS for Specific ServicesGiven the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these TOS, the additional terms and conditions will prevail.22. Final TOSThese TOS (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Jikoo Technologies Inc. and supersede any prior agreements.
These TOS do not create or confer any third-party beneficiary rights.If we do not enforce a provision in these TOS, it will not be considered a waiver. We reserve all rights not expressly granted to you.You may not transfer any of your rights or obligations under these TOS without our consent.Contact UsJikoo Technologies Inc. welcomes comments, questions, concerns, or suggestions. Please contact us by visiting www.jikoo.coJikoo Technologies Inc. is located in Canada at 1900, 520 3rd AV SW Calgary, AB T2P 0R3.