Terms of Use and Services

Latest revision 28th September 2021.

1. PURPOSE

The purpose of these terms of use and services (the Terms) is to define:

  • The terms and conditions of use applicable to the user (the "User", "you" or "your"), when using our website located at https://usejimo.com (the "Site").
  • The terms and conditions applicable to the use of Jimo and any other features and/or tools, offered from time to time on the Site, including through the License (the “Features”).
2. ACCEPTANCE OF TERMS – CHANGE OF TERMS

Before using any of the Services, you must first agree to these Terms. By accessing the Services or by otherwise using them, you expressly confirm that you fully and irrevocably agree to these Terms.

You also agree that your personal data and electronic communications on our platform will be processed in accordance with our data privacy policy, which is incorporated herein by reference (https://usejimo.com/privacy).

We reserve the right, at our sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications.

You will be deemed to have accepted all modifications and revisions by continuing to use any of the Services.

3. PROVISIONS OF AND ACCESS TO SERVICES

3.1. Provider

The Site, and the Services are operated by Jimo SAS, a French limited liability company (société par actions simplifiée) having its registered office located 5 Rue Eugène Freyssinet, 75013 Paris and registered with the Paris's trade and companies' registry under number 879 700 292 ("Jimo", " we", "us" or "our").

3.2. User's eligibility to the Services

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

Subject to the exception mentioned hereinafter, access to the Features is open exclusively to legal entities. Therefore, you represent and warrant that you have the necessary powers to contract in the name and on behalf of the legal entity that you represent. In the case of the use of "Basic" offer - the only cases where subscription is open to natural persons - you represent that you have reached the age of majority required in your jurisdiction to access such Features and to enter into any obligations required by the Features.

The Features are exclusively reserved for persons who qualify as professionals within the meaning of the preliminary Article of the Consumer Code, i.e. any natural or legal person, public or private, who is acting for purposes within the scope of his or her commercial activity, including when acting in the name or on behalf of another professional. Therefore, you acknowledge that you qualify as a professional within the meaning of the said Article. You acknowledge that, as a professional, you do not benefit from the protections granted to the consumer by the Consumer Code, including a right of withdrawal.

You also represent and warrant that you are legally authorized in your jurisdiction to use the Features and to interact with the Features in any way. Finally, you represent and warrant that you are solely responsible for compliance with all applicable laws in your jurisdiction, and release Jimo from any liability in this regard.

3.3. Services

The User has access to the Features described on the Site, in the form and according to the technical means and functionalities that Jimo deems most appropriate.
The main Features offered by Jimo are the following:

  • “Inbox” to collect feature requests
  • “Ideation” to share potential product updates
  • “Preview” dedicated to the share of images or interactive prototype
  • “Announcement” to announce latest features, improvements or fixes
  • “Widget”, a way to integrate Jimo to an existing system
  • “Portal”, a dedicated website acting as a way to integrate Jimo

The accessible Features vary according to the selected subscription, namely basic, pro or scale, or any other subscription offered and detailed on the Site.

3.4. Fees – Pricing

You agree to pay the fees and charges for the use of the Services according to the prices which are available on the Site. We reserve the right to change the fees or the principles of pricing from time to time in accordance with the Terms.

3.5. Registration and Identity Verification

Registration

To use the Services, you must first register with us by creating a user account ("User Account" or "account").

All the information that we request you to provide in connection with the registration must be true, accurate and complete. If we have any reason to believe that such information is not true, accurate or complete, we may refuse your access to the Site, or any of its resources, and deny, terminate or suspend your account.

You may only have one User Account at the time. You may not use the Services or create an account on behalf of someone other than yourself. You may not act as an intermediary or broker.

You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to anyone other than yourself.

You are responsible for keeping your own account secret. You agree to keep your secret information and password confidential and to not share them with anyone else and to immediately notify Jimo SAS of any unauthorized use of your Account or breach of security. Jimo SAS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You must not provide any misleading or fraudulent information. Creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents is prohibited and will lead to termination or suspension of your account.

Identity Verification

In order to ensure Jimo remains a safe platform for all of our users, and for us to comply with applicable laws which we are subjected to, we may have to verify your identity to access the Services we offer.

Identity verification may be required, for instance, in the event of (but not limited to) suspicion of fraud or verification of account ownership as part of know your customer procedures. As part of our identity verification process, we may require you to provide us with your full name as well as documents and photographs that verify your identity (e.g. valid passport).

3.6. Limitation of Services – Termination – Account Closure

Termination by Jimo

Jimo SAS may at any time and without liability, terminate, suspend, or limit your use of the Services, including, but not limited to, where: (a) you fail to pay the fees for the use of the Features; (b) we reasonably suspect you of acting in breach of these Terms and/or all other applicable provision; (c) we are required to do so by applicable law, regulation or any court or other authority to which we are subject to in any jurisdiction; (d) we have concerns about the security of your account or we suspect the Features are being used in a fraudulent or unauthorized manner; (e) we reasonably believe that we need to do so in order to protect our reputation.

You shall not be entitled to any payment, compensation or damages whatsoever from Jimo SAS in relation to any suspension, limitation or termination of your use of the Services for any reason whatsoever. Any suspension, limitation or termination of your use of the Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension, limitation or termination, has already accrued.

Our rights of suspension, limitation and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, applicable law or otherwise).

Termination by User

The User can unsubscribe from the Site and the Services at any time, by deleting its User Account in accordance with the procedure indicated on the Site or in such manner and form and accompanied by such information and supporting documentation as may be required by us. You acknowledge and expressly agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.

The termination will become effective as soon as the subscription is cancelled by the user.

Consequences of Termination

You will no longer be entitled nor able to use the Features and benefit from the License, and you will be required to pay the fees for the use of the Features in the event that the fees have not been paid in full for the period prior to the termination taking effect.

Upon the effective date of termination, all License rights granted under the Terms prior to termination shall immediately terminate and you shall immediately cease all use of Jimo.

4. DISCLAIMER OF WARRANTIES – LIABILITY

4.1 Disclaimer of Warranties – Risks

You expressly acknowledge and agree that your use of the Services is at your sole risk. The Features and the access to the Site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, any warranty of fitness for your purposes, needs, changes in your business or its particularities. You acknowledge and expressly agree that we have no control over, and no duty to take any action regarding: which users gain access to or use the Features; what effects the content of the Site may have on your business; how you may use the content of the Site and the Features; or what actions you may take, in particular with regard to your customers, as a result of having been exposed to the content of the Site.

We do not warrant that access to the Site and the Features will be continuous, uninterrupted, timely or secure. You acknowledge and expressly accept that the Site and the Features (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data and (d) may be modified at any time, including through the release of subsequent versions, all with or without notice to the User. You acknowledge and expressly agree that Jimo SAS shall in no event be liable for any loss or damage resulting from your failure to comply with your obligations hereunder.

4.2 Limitation of Liability

You acknowledge and expressly agree that you assume full responsibility for your use of the Site and the Features. You acknowledge and expressly agree that any information you send or receive during your use of the Site and the Features may not be secure and may be intercepted or acquired by unauthorized parties. You acknowledge and expressly agree that your use of the Site and the Features is at your sole risk, and that Jimo may prove to be defective or vulnerable, thus exposing your information systems to the risk of intrusion or corruption. You agree to ensure the security of the systems, programs and data, and you acknowledge that you are solely responsible for the configuration of your computer hardware, programs and platforms used to access the Features. You acknowledge that you are solely responsible for the use of the Features, including any statements or information communicated via the Jimo in breach of applicable laws or regulations.

In particular, you agree not to (a) use the Features for any purpose other than for your own business (b) use or attempt to use Jimo and/or the Features in an offensive, abusive or unlawful manner or purpose, in particular by publishing or using terms that may be offensive or inappropriate; (c) transmit or attempt to transmit copyrighted material without the prior express consent of the copyright owner; (d) use or attempt to use any automated program (including, but not limited to, a robot, spider or other automated means or interface to access Jimo and/or Features; (e) interfere or attempt to interfere with the proper functioning of Jimo and/or Features in a manner that could damage, disable, overload or alter Jimo, in particular, hack or attempt to circumvent any content filtering techniques that Jimo SAS reserves the right to use; (f) copy, modify, merge, sell, redistribute, assign, transfer the software or the source code of Jimo or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decrypt or otherwise attempt to discover the source code used for Jimo; (g) infringe or attempt to infringe any patent, trademark, trade secret, copyright held by Jimo SAS; (h) introduce or attempt to introduce viruses, Trojan horses or other malicious or technologically harmful hardware.

Finally, you understand and agree that neither Jimo SAS nor its suppliers or licensors shall be liable to you for any direct, indirect damages of any kind, including but not limited to, damages for loss of property, profits, goodwill, use, data or other tangible or any other damages based on contract, tort, or otherwise (even if Jimo SAS has been advised of the possibility of such damages), resulting from: the Site or Features; the use or the inability to use the Site or Jimo; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or the Features; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Features); any injury or damage to computer equipment; inability to fully access the Site, the Features or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or any other aspect of the Features.

If despite the above Jimo SAS is found liable by a court for any reason whatsoever, you expressly agree that its aggregate liability will be strictly limited to the fees for the access to the Features charged to you during the last twelve (12) months prior to the date of the document instituting the proceedings.

4.3 Indemnification

You expressly agree to indemnify and hold Jimo and third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Services; and (c) your violation of any law or regulation of any jurisdiction, or the rights of any third party.

5. INTELLECTUAL PROPERTY

You acknowledge and agree that Jimo, including its sequence, structure, organization and source code, constitutes valuable intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, contractual rights of confidentiality, or any other intellectual property or exclusive rights, which are owned by Jimo SAS or its suppliers. Jimo is licensed, not sold to you, and no title or ownership of Jimo or any related intellectual property rights are being transferred under the Terms or any other agreement. Jimo shall remain the sole property of Jimo SAS and all related rights, titles and interests not expressly granted to the Customer by the Terms is reserved to Jimo SAS.

6. PROCESSING OF PERSONAL DATA

6.1. Data protection policy

Your privacy is important to us and we strive for a high level of protection in all processing of personal data. Within the EU/EEA, the General Data Protection Regulation (GDPR) applies from May 2018.

In accordance with applicable data protection legislation, Jimo SAS, or the company otherwise specified as data controller, is responsible for the processing of your personal data as set out below. If you have any questions about this information, or if you wish to exercise any of your rights as set out below, please contact us via the contact details referred to below.

6.2. Collection and processing of personal data

The term "personal data" refers to such information which, directly or indirectly, may refer to you as an individual. Examples of such data are name, image, personal ID number, contact details, competition entries, selections made, behavior or IP address. Personal data processing refers to any action that we or a third party that we have engaged take with the personal data, such as collection, registration and storage.

Personal data may only be processed for specified and explicitly stated purposes and may not be subsequently processed for any purpose that goes beyond these purposes. At Jimo, we process personal data that you have given us for the sole purpose of providing the Services. Your personal data may also be used for marketing and follow up as well as for our sales and product development with the aim of improving our products and services. In the event that you do not wish to receive marketing and/or any offers, please contact us via the contact details listed under contact information below.

Finally, personal data is also processed for statistical purposes to see how users use the Site as well as to display content customized for you. Such data is, however, only processed in aggregated form or in a form that cannot identify you as an individual. Data is also processed indirectly in connection with the development, testing and administration of the IT systems underlying our website.

When using features on the Site that allow you to post information or other material on it, please note that such information may also contain personal data. In the event that your information contains data about other individuals, you may only post such data which you have received their consent to provide.

6.3. Legal basis for processing and storage period

Jimo processes your personal data when necessary for the performance of the Services and when we have another legitimate and justifiable interest in processing your personal data, such as an interest in developing the Site or the Services. If we were to process your personal data for any purpose which, according to applicable legislation, requires your consent, we will obtain your consent before commencing with such processing. The data we collect in accordance with the above is deleted when the purposes of the processing have been completed.

6.4. Security for the protection of personal data

Jimo safeguards your personal data with a high level of security and has to this end taken appropriate technical and security measures to protect your personal data from unauthorized access, amendment, dissemination or destruction.

6.5. Restrictions on the disclosure of personal data

We may appoint external partners to perform tasks on our behalf, such as providing IT services or helping with marketing, administration of press releases, data analysis or statistics. The performance of these services may mean that our partners, both within and outside the EU/EEA, are able to gain access to your personal data. Companies that process personal data on our behalf must always sign an agreement with us so that we are able to ensure a high level of protection of your personal data even with our partners.

Special safeguards are taken with regard to partners outside the EU/EEA, such as signing agreements that include the standardized model clauses for data transfers adopted by the EU Commission and which are available on the EU Commission's website.

Jimo may also disclose your personal data to third parties, for example public authorities, if it concerns criminal investigations or if we are otherwise required to disclose such data by law or public authority decision. Jimo will not disclose your personal data to any extent other than described in this section.

6.6. External links

This information about processing of personal data applies to data about you that Jimo processes within the scope of the Site. The Site may sometimes contain links to external websites or services that we do not control. If you follow a link to an external website, you are encouraged to review the principles for processing of personal data and information about cookies that apply to the website in question.

6.7. Access and correction to Personal Data

Under the applicable data protection legislation you are entitled, at any time, to request access to the personal data that is processed about you, to have erroneous personal data corrected, to request that Jimo shall stop processing and delete your personal data, to request that the processing of your personal data is restricted, to exercise your right to data portability, to withdraw consent to particular processing (where such consent has been obtained) and to object to the processing of the personal data. In such event, please contact Jimo SAS via the contact details listed below. You are also entitled, at any time, to lodge a complaint with the relevant supervisory authority if you consider that your personal data has been processed in contravention of applicable data protection legislation.

6.8. Contact details

Jimo is the data controller for the processing of your data. If you have any questions about how we process your personal data, please contact us by e-mail using the following e-mail address support@usejimo.com

6.9. Cookies

The Site may use "cookie" techniques allowing us to process statistics and information on traffic, to facilitate navigation and to improve the service for the convenience of the users. You may object to the recording of such "cookies" by configuring your browser software.

7. GENERAL PROVISIONS

7.1. Third-Party Links

The Site may provide, or third parties may provide, links to other websites or applications or resources. Because Jimo SAS has no control over such sites, applications and resources, you acknowledge and expressly agree that Jimo SAS is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that Jimo SAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7.2. Transfer, Assignment or Delegation

These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any successor. Any attempted transfer or assignment in violation hereof shall be null and void.

7.3. Entire Agreement

Except otherwise provided herein, these terms (as amended from time to time) and any document expressly referred to hereof constitute the entire agreement between the parties and supersedes any prior agreement, promise, assurance, warranty, representation, understanding, undertaking or arrangement between the parties relating to the subject matter of these terms, whether written or oral.

No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein.

7.4. Severability

These Terms shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of these Terms or of any other term or provision hereof. Furthermore, such invalid or unenforceable term or provision shall be changed and interpreted to accomplish the objectives of the initial provision to the greatest extent possible under any applicable laws.

7.5. Language

These Terms are concluded in the English language upon you request and all communications including any notices or information being transmitted shall be in English or French. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language shall prevail.

7.6. Waiver

The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party under these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

7.7. Notices and Communications

By using the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Services: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to at unsubscribe@usejimo.com.

7.8. Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

7.9. Governing Law and Submission to Jurisdiction

These Terms and the rights and obligations of the parties hereunder or however connected with their execution shall be governed by and construed and interpreted in accordance with the Laws of France.

For any disputes that may arise between the User and Jimo SAS relating to the formation, interpretation and execution of these Terms, the parties shall endeavour to reach an amicable settlement.

In the absence of an amicable settlement, any disputes arising out of or in relation to the Terms shall be submitted to the jurisdiction of the Courts of Paris.

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