IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Welcome to the website and online service of Jemm Tec LLC ("Company," "we," "our" or "us"). This page provides the terms by which you may access and use our website, our voice-controlled home automation hardware product ("Jemm Arc"), our online and hosted services, and related software (collectively, the "Service").
1. Use of our Service
Eligibility: You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws.
Company Accounts: Your account gives you access to the Service. You must provide accurate information and keep your password secure. You are solely responsible for the activity that occurs under your account. By providing your email address, you consent to us sending Service-related notices to that address.
2. Service Rules
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium.
- Attempting to interfere with, compromise the system integrity, or decipher any transmissions to or from the servers running the Service.
- Uploading invalid data, viruses, worms, or other software agents.
- Bypassing the measures we may use to prevent or restrict access to the Service.
3. Proprietary Rights
The Service and all materials therein, including Software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and Jemm Arc hardware architectures (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
4. Hardware and Software Licensing
Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software on your Jemm Arc device and on mobile devices owned solely by you. You may not modify, disassemble, decompile, or reverse engineer the Software or Hardware.
5. Privacy & Local Data Processing
Your use of the Service is subject to our Privacy Policy. We strictly prioritize local processing for home automation routines to ensure data privacy.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
7. Governing Law and Arbitration
This Agreement shall be governed by the internal substantive laws of the State of Delaware, United States, without respect to its conflict of laws principles. For any dispute with Company, you agree to first contact us at info@jemm.ai and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement by binding arbitration by JAMS.