Apps Marketplace Terms of Service Agreement
This Apps Marketplace Terms of Service Agreement
( Agreement ) sets forth the terms and conditions of the use of the Jiinubi marketplace platform ( Apps Marketplace ), which
provides third-party applications and services to Jiinubi
customers ( App or Apps ). In this Agreement You and Your
refer to You as the user of the Apps Marketplace, or any agent, employee,
servant or person authorized to act on Your behalf. We , Us and Our refer
to Jiinubi, Inc., as well as its subsidiaries and sister companies ( Jiinubi ). Provider refers to a third-party which offers
its product and/or service on the Apps Marketplace in the form of an Apps
Marketplace application. This Agreement explains Our obligations to You, and
explains Your obligations to Us for using the Apps Marketplace. These
obligations are in addition to (not in lieu of) any terms and conditions that
apply to Your use of the Services under any other Jiinubi
policies and/or agreements.
When You access the Apps Marketplace (or You permit someone
else to use Your Account to access the Apps Marketplace) to use, purchase or
otherwise acquire access to products or services on the Apps Marketplace, or to
cancel such products or services (even if We were not notified of such
authorization), You signify Your agreement to the terms and conditions
contained in this Agreement along with the Jiinubi Universal
Terms of Service Agreement and all applicable policies and product
agreements incorporated by reference therein, including but not limited to the Jiinubi Privacy Policy.
1. Term of Agreement; Modification.
You agree that Jiinubi may, in its
sole and absolute discretion, modify or change this Agreement, the Apps
Marketplace and/or the Apps offered on the Apps Marketplace from time to time
and that such modifications or changes are effective immediately upon posting
to this site. Your use of the site, the Apps Marketplace or any App(s) after
such changes or modifications have been made constitutes Your agreement to be
bound by this Agreement as last revised. If You have purchased any App(s) on
the Apps Marketplace, the terms and conditions of this Agreement shall continue
in full force and effect, including any changes made to this Agreement, as long
as You take advantage of and use the App(s).
2. Provider Terms & Conditions.
You acknowledge and agree that access to the Apps
Marketplace and the purchase and/or use of any App(s) on the Apps Marketplace
is subject to this Agreement, the Universal
Terms of Service Agreement as well as any specific terms and
conditions imposed by the Provider relating to the particular App(s) ( Provider
T&Cs ). The obligations under this Agreement are in addition to (not in
lieu of) any and all Provider T&Cs. Provider T&Cs cannot subtract from,
modify, change and/or alter any term or condition arising under this Agreement.
In the event of conflict or inconsistency between this Agreement and any
Provider T&Cs, the terms and conditions under this Agreement (including any
applicable Jiinubi policy or agreement incorporated
by reference herein) govern and the conflicting or inconsistent provision(s) in
the Provider T&Cs are void and of no effect to the extent of that conflict
or inconsistency. We reserve the right in Our sole and absolute discretion to
defer the operation of any provision(s) under this Agreement to any
provision(s) under Provider T&Cs.
3. Customer Support.
Jiinubi provides customer support
to You at no additional fee for service issues related to the use of the Apps
Marketplace and/or the use of Your Account in connection to the Apps
Marketplace, including any Jiinubi billing and
payments systems service issues related to the Apps Marketplace. Jiinubi reserves the right, in Our sole and absolute
discretion, to decide what is a service issue related to the Apps Marketplace
and/or Your Account in connection to the Apps Marketplace. The Provider is
solely responsible for providing customer support to You in relation to the
use, operation or functionality of the relevant App.
4. Billing & Payment.
Apps purchased on the Apps Marketplace will be billed
according to Jiinubi s standard billing and payment
procedures. However, Jiinubi reserves the right to
establish direct billing by a Provider. You will be notified of direct billing
arrangements by exception during the billing process for the purchase and/or
renewal of the relevant App and/or by notice via this Agreement.
5. Refunds.
At the sole and absolute discretion of Jiinubi, Apps
purchased or renewed through the Apps Marketplace may be refundable if You
request cancellation and refund within 24 hours after purchase or renewal, as
applicable. No refunds are available for Apps which provide an immediate,
one-time service and/or incur fees directly related to the product provided
such as, but not limited to, the Jiinubi Legal App.
If You purchase an App that provides for a trial period, You
must cancel within the trial period to be eligible for any available refunds.
That is, if You participate in a free trial period and thereafter continue to
use or access the App after the trial period has passed, no refund is
available.
6. Disclaimer of Representations & Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS
SITE, THE APPS MARKETPLACE AND ANY APP(S) SHALL BE AT YOUR OWN RISK AND THAT
THE APPS MARKETPLACE IS PROVIDED AS IS , AS AVAILABLE AND WITH ALL FAULTS .
JIINUBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND
NON-INFRINGEMENT. JIINUBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR
CONTENT OF THE APPS MARKETPLACE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE
APPS MARKETPLACE, AND/OR (III) THE APPS OFFERED ON THE APPS MARKETPLACE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE APPS
MARKETPLACE, AND JIINUBI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE APPS MARKETPLACE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY JIINUBI, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT
CENTER OR CUSTOMER SERVICE REPRESENTATIVES), THIRD PARTY SERVICE PROVIDERS AND
PROVIDERS OF THE APPS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II)
CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE APPS MARKETPLACE OR THE APPS
OFFERED ON THE APPS MARKETPLACE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION
OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE APPS
MARKETPLACE OR ANY APP(S).
7. Indemnification.
Accordingly, You for Yourself and all of Your heirs,
personal representatives, predecessors, successors and assigns, hereby fully
release, remise, and forever discharge Jiinubi and
all affiliates of Jiinubi, and all officers, agents,
employees, and representatives of Jiinubi, and all of
their heirs, personal representatives, predecessors, successors and assigns,
for, from and against any and all claims, liens, demands, causes of action,
controversies, offsets, obligations, losses, damages and liabilities of every
kind and character whatsoever, including, but not limited to, any action
omission, misrepresentation or other basis of liability founded either in tort
or contract and the duties arising thereunder, whether known or unknown,
relating to or arising out of, or in any way connected with or resulting from,
the Apps Marketplace and Your access to and use thereof, including, but not
limited to, the purchase and/or use of any App(s) offered by the Providers
through the Apps Marketplace.
Further, You agree to defend, indemnify and hold harmless Jiinubi and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from any loss,
liability, damages or expense, including reasonable attorneys fees, arising
out of (i) any breach of any representation or
warranty provided in this Agreement, or as provided by Jiinubi s
AUP or any other agreement that has been incorporated by reference herein; (ii)
the Apps Marketplace or Your use of the Apps Marketplace, including without
limitation infringement or dilution by You or by another using the Apps
Marketplace from Your computer; (iii) any intellectual property or other
proprietary right of any person or entity; (iv) any information or data You
supplied to Jiinubi, including, without limitation,
any misrepresentation in Your application, if applicable; (v) the inclusion of
metatags or other elements in any website created for You or by You via the
Apps Marketplace or Your Account; (vi) any information, material, or services
available on Your licensed Jiinubi website; or (vii),
any negligence or willful misconduct by You, or any allegation that Your
account infringes a third person s copyright, trademark or proprietary or
intellectual property right, or misappropriates a third person s trade secrets.
This indemnification is in addition to any indemnification
required of You elsewhere. Should Jiinubi be notified
of a pending lawsuit, or receive notice of the filing of a lawsuit, Jiinubi may seek a written confirmation from You concerning
Your obligation to defend, indemnify and hold harmless Jiinubi.
Such written confirmation may include the posting of performance bonds or other
guarantees. Your failure to provide such a confirmation may be considered a
breach of this agreement. You agree that Jiinubi shall
have the right to participate in the defense of any such claim through counsel
of its Own choosing. You agree to notify Jiinubi of
any such claim promptly in writing and to allow Jiinubi
to control the proceedings. You agree to cooperate fully with Jiinubi during such proceedings. The terms of this section
will survive any termination or cancellation of this Agreement.
8. Severability.
If any part or parts of this Agreement shall be held
unenforceable for any reason, the remainder of this Agreement shall continue in
full force and effect. If any provision of this Agreement is deemed invalid or
unenforceable by any court of competent jurisdiction, and if limiting such
provision would make the provision valid, then such provision shall be deemed
to be construed as so limited.
Last revised: Dec 27, 2025