Terms & conditions

TERMS & CONDITIONS (version: April 21, 2020)

These Terms govern the access to and use of this site (“Site”) and myjen.ai, provided by www.myjen.ai so please carefully read them before using this Site or myjen.ai.

In order to use myjen.ai and the Site, you must first register with us through our on-line registration process on the Site or through mobile application. Regardless of how you decide to use the Site and myjen.ai, your conduct is governed by these Terms.

Words capitalized but not defined herein shall have the meanings ascribed to them below:

  • Access Request”: the application filled when first accessing the Site, the information provided in the Access Request will be part of your Client Profile with myjen.ai;
  •  “Account”: an account established by myjen.ai in a Client’s or User’s name for the use of the Site and myjen.ai;
  • Subscription Period”: a term of one full month during which a Client or User benefits from certain usetime limits for use of the Site and myjen.ai.  The start date of a Client’s first Subscription Period is the start date of the Client’s Subscription Term.  Each Subscription Period then ends, and a new Subscription Period begins, successively on the same calendar day of the then immediately following calendar month (subject to customary modifications for the month of February), until the Subscription Term is complete;
  • Client”: the beneficiary of the Subscription Period as identified in the Client Profile;
  • Client Profile: the Data provided by you (User) at the time you signed up to the Site or provided at any time thereafter, including information in your Access Request or provided on first login to complete your sign up;
  •  “Results”: any information made available to a Client or User in respect of Uploads submitted by such Client or User to myjen.ai;
  •  “Subscription Term”: (a) three, six, nine and twelve i.e, Subscription Periods) for Subscription Period.
  • Terms”: these Terms of Use;
  • Uploads”: any still image or videos – and any information, materials and files contained within or associated with such still images and videos – that are uploaded into this Site or myjen.ai;
  •  “myjen.ai”: “us,” “we” or “ourwww.myjen.ai and https://myjen.ai/;
  •  “myjen.ai”: the technology owned by Myjen Ai Private Limited and used on the Site;
  • You” or “your”: the user of the Site or client.

 

1. Use of the Site and myjen.ai and Representations

When you use this Site and myjen.ai,

(a) you agree to the Terms and Conditions;

(b) the information you submit is truthful and accurate;

(c) you will update your contact information if it changes so that we can contact you;

(d) your use of this Site and myjen.ai does not and will not violate any applicable laws or regulations;

(e) you are at least 18 years of age;

(f) you will comply with the rules for on-line conduct, submitting Uploads (as set out in Section 2 below) and use of this Site and myjen.ai;

(g) you will comply with all local rules regarding on-line conduct and the Uploads

(h) you will not use the Site, myjen.ai or the Results to generate datasets for the purpose of building or training models;

(i) you will not develop products, platforms, services or applications of any kind derived from or using the Site, myjen.ai, the Results or any other proprietary information of myjen.ai,; and

(j) you will not integrate or use the Results in or with any products, platforms, services or applications.

You will not use the Site or myjen.ai for any unauthorized purpose.

You will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

myjen.ai and the Site will continue to change over time as we refine and add more features to it. Such modifications may be made at any time without prior notice to you. We may also remove any content, materials, Uploads and Results from the Site or our servers at our discretion.

2. Rules Governing Uploads

myjen.ai and this Site provide interactive features and features for communication. Please read our Privacy Policy to understand your privacy protections.

2.1.   Your Representations and Warranties in Respect of your Uploads.

By using this Site you may provide us with Uploads. When you create or submit your Uploads to us, you represent and warrant, on your behalf, that you:

(a) own or have sufficient rights to submit your Uploads on or through the Site and myjen.ai;

(b) will not copy, upload, download, or share files unless you have the right to do so;

(c) will not submit Uploads that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including, without limitation, copyrights) or contract rights;

(d) have fully complied with any third-party licenses relating to your Uploads, agree to pay all royalties, fees and any other monies owning any person relating to Uploads that you submitted to or through the Site or myjen.ai;

       (e) will not submit any Upload that:

  1. is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, threatening, excessively violent, harassing, or otherwise objectionable;
  2. incites, encourages or threatens immediate physical harm against another, including but not limited to, Uploads that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contains material that solicits personal information from anyone under 18 or exploits anyone in a sexual or violent manner;

3. Uploads: Your Ownership and Grant of Licenses.

3.1.   Your Ownership of Uploads.

You retain full ownership to each Upload. myjen.ai does not claim any ownership to any of it. These Terms do not grant myjen.ai any rights to your Uploads or intellectual property, except for the limited rights that are explained in these Terms.

3.2.   Grant of Licenses to myjen.ai.

By using this Site and myjen.ai, you grant myjen.ai non-exclusive, fully-paid, irrevocable, transferable, sub-licensable licenses to access, review, use, copy, modify, create derivative works of, reproduce and analyse (“Process”) your Uploads to allow myjen.ai to improve myjen.ai and provide services to you.

Specifically, in respect of each of your Uploads, you irrevocably allow myjen.ai:

(a)  to Process such Upload through machine learning, algorithmic optimization, human analysis, and similar approaches to produce the Results; and

(b)  to Process such Upload for the sole purpose of improving myjen.ai through machine learning, algorithmic optimization, human analysis, and similar approaches.

4. myjen.ai Grant of Licenses.

4.1.   Ownership of Results

myjen.ai owns all right, title, copyright, and other intellectual property rights and interest in the Results, as well as any documentation and copies thereof. You agree not to alter, change and modify the results derived by myjen.ai in any manner whatsoever. myjen.ai grants rights to the User or Client to upload and publish the derivate results on social media platforms like Facebook, Instagram, Twitter and the likewise.

4.2.   Using Results to Improve myjen.ai.

myjen.ai reserves the right to access, review, use, copy, modify, create derivative works of, reproduce and process Results for the purpose of improving myjen.ai through machine learning, algorithmic optimization, human analysis, and similar approaches.

4.3.   Ownership of Site, myjen.ai, Trademarks, Logos.

All of the content on the Site and myjen.ai, the trademarks, service marks, and logos contained on the Site and myjen.ai (collectively, the “Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Materials.

These Terms do not grant you any rights to use the myjen.ai trademarks, logos, domain names, or other brand features.

4.4.   No Adversarial Assertions.

You agree not to assert against myjen.ai any claim, action or proceeding for infringement of any intellectual property rights.

5. Assignment of Feedback to myjen.ai.

While we appreciate it when you send us feedback, please be aware that we may use any feedback, comments, or suggestions you or post in our forums without any obligation to you. By submitting a comment or feedback to us, you hereby assign and shall assign to us all of your right, title and interest in and to all such comments and feedback.

6. Use and Protection of Username and other credentials; Account Security.

You, and not myjen.ai, are responsible for maintaining and protecting your Account. myjen.ai will not be liable for any loss or corruption of your Uploads or Results or for any costs or expenses associated with backing up or restoring any thereof. You are responsible for safeguarding the password that you use to access the Site and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorized that activity. You should immediately notify myjen.ai of any unauthorized use of your Account.

7. Fees and Payments.

7.1.   Subscription Periods; Consuming Usetime Limits.

Depending on the category of your subscription, in respect of each individual Subscription Period, you benefit from certain use time (“Usetime”) limits for Uploads and Results.

When a Subscription Period ends, and a new Accounting Period begins, your Usetime limits are automatically reset to maximum availability.

7.2.   Fee Increases.

myjen.ai, in its discretion, reserves the right to increase Subscription Fees or any other fee at any time, provided that myjen.ai will not increase Subscription Fees for an already existing purchased subscription.

You acknowledge that myjen.ai may, from time to time, add additional features or functionalities to the Site or myjen.ai that myjen.ai does not make generally available without payment of additional fees, and that your access to and use of such additional features and functionalities may require payment by you of additional fees.

7.3.   Payment Terms.

Please note that:

(a) Fees are quoted and payable in INR for Indian clients and USD for overseas clients;

(b) Subscription Fees are based on the quoted fixed price and not actual usage; and

(c) Your obligation to pay all fees is non-cancellable and fees paid are non-refundable.

We will require and process your payment via our third party credit/ debit card processor, net-banking (Online bank transfer, UPI) and wallet payments (Google Pay, Paytm etc.) and you authorize myjen.ai and our third party credit/ debit card processor to charge your credit/debit card the applicable fees, including the Subscription Fees covering the initial subscription term and any renewal subscription terms. You are responsible for providing us with complete and accurate billing and contact information and for notifying us of any changes to such information.

All fees are due prior to commencement of the applicable Subscription Term. If your credit/debit card is denied or charged back to myjen.ai or our third party payment processor, myjen.ai may immediately suspend your access to the Site and myjen.ai until payment of any outstanding fees is made.

7.4.   Taxes.

Unless otherwise stated, the fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (“Taxes”).

Client or User is responsible for paying all Taxes (except those to be borne by myjen.ai) associated with the use of the Site or myjen.ai, and will pay, indemnify and hold myjen.ai harmless from any Taxes and any costs associated with the collection or withholding thereof, including penalties and interest. If myjen.ai has the legal obligation to pay or collect Taxes for which you are responsible under this provision, the appropriate amount shall be invoiced to and paid by you unless you provide myjen.ai with a valid Tax exemption certificate authorized by the appropriate taxing authority.

8. Our Management of the Site and myjen.ai Misconduct.

8.1.   Our Site Management.

We may, but are not required to: (a) monitor or review the Site (including content) for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Uploads that may violate these Terms, the law or any of our policies or are excessive in size or burdensome without prior notice to you; or (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.

8.2.   Our Right To Terminate Use.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and myjen.ai to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.

9.   Other Content.

The Site or myjen.ai may contain links to third-party website or resources (“Third Party Site”). myjen.ai does not own or operate these Third Party Sites, and we do not endorse any Third Party Site or any materials, opinions, goods or services available on them. Third party materials that are accessed through or used by means of the Third Party Site may also be protected by copyright and other intellectual property laws. We have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. We are not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

THESE TERMS DO NOT APPLY TO ANY THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE VIA THIS SITE OR A LINK LOCATED ON THIS SITE, CLIENT OR USER SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITE.

You are bound by AWS Service Terms, available at https://aws.amazon.com/service-terms/

You are bound by YouTube Terms of Service, available at https://www.youtube.com/static?template=terms

You are bound by IBM Terms of Use, available at https://www.ibm.com/in-en/legal?lnk=flg

You are bound by Google’s Terms of Services, available at https://policies.google.com/terms?hl=en

10. Term, Termination and Survival.

10.1.  General.

These Terms shall remain in full force and effect while you use the Site or myjen.ai. You can stop using our Site and myjen.ai any time and for any reason. We reserve the right to suspend or end the Site or myjen.ai, or your use of the Site and myjen.ai at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Site or myjen.ai in any way that would cause us legal liability or disrupt others’ use of the Site or myjen.ai. Upon termination of your Account for any reason, we will close your Account, and you will no longer be able to retrieve materials contained in the Account. The following sections will survive any termination of these Terms: 1 to 3, 4.2 to 4.4, 5, 6 and 8 to 16.

myjen.ai shall have no obligation to continue to store or permit you to retrieve any of your Uploads or Results following termination of this Agreement.

10.2.  Effect Of Termination.

Upon any expiration or termination of this Agreement:

(a) your right to use the Site and myjen.ai shall cease, and myjen.ai shall have no further obligation to make the Site and myjen.ai available to you;

(b) except as otherwise expressly stated herein, all rights granted to you under this Agreement will immediately cease;

(c) myjen.ai will have no obligation with respect to any of your Uploads or Results; and

(d) you will pay any unpaid fees payable for the remainder of the then-current term in effect prior to the termination date.

11.  Choice of Law and Forum.

You, and myjen.ai agree to submit to the exclusive jurisdiction of the courts located in Haryana & New Delhi, India. You and myjen.ai further agree that any disputes shall be resolved under the substantive laws of India.

12. myjen.ai is Available “AS-IS”.

MYJEN.AI, THE SITE, AND ALL UPLOADS, MATERIALS OR ITEMS PROVIDED THROUGH THE SITE AND MYJEN.AI ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE AND MYJEN.AI, WE DO NOT REPRESENT OR IMPLY THAT WE RECOMMEND ANY UPLOADS OR ANY OTHER MATERIALS OR ITEMS MADE AVAILABLE ON OR LINKED TO BY THE SITE OR MYJEN.AI, OR THAT WE BELIEVE UPLOADS, RESULTS OR ANY OTHER MATERIALS OR ITEMS ARE PRECISE, USEFUL OR NON-HARMFUL. WE CANNOT PROMISE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR MYJEN.AI. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR MYJEN.AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND MYJEN.AI ARE AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, MYJEN.AI AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE OR MYJEN.AI AND YOUR USE THEREOF.

MYJEN.AI AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE CONTENT, CONTRIBUTIONS, INFORMATION, UPLOADS, RESULTS OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. MYJEN.AI AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR  ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, CONTRIBUTIONS, UPLOADS, RESULTS AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, MYJEN.AI, THE RESULTS OR THE DERIVATIVE WORK, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, MYJEN.AI OR SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR MYJEN.AI, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR MYJEN.AI BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTRIBUTIONS, CONTENT, RESULT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, CONTRIBUTIONS, UPLOADS, RESULTS OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR MYJEN.AI.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYJEN.AI AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MYJEN.AI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, MYJEN.AI UPLOADS OR RESULTS, WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO MYJEN.AI FOR THE PAST THREE MONTHS FOR YOUR SUBSCRIPTION.

14. Indemnity.

You agree to indemnify and hold myjen.ai and each of its affiliates and their licensors, suppliers, officers, directors, employees, agents, service providers and other contractors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Uploads you post to the Site or myjen.ai, your use of the Site or myjen.ai and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

15. Modifications.

We may modify these Terms from time to time, without notice. Your continued use of the Site and myjen.ai constitutes your consent to such changes. PLEASE READ THESE TERMS CAREFULLY AND CHECK THESE TERMS PERIODICALLY FOR ANY CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR MYJEN.AI.

16. Miscellaneous Terms.

16.1.  Entire Agreement.

These Terms constitute the entire and exclusive agreement between you and myjen.ai with respect to the Site and myjen.ai, and supersede and replace any other prior or contemporaneous agreements, terms and conditions applicable to the myjen.ai.

16.2.  No Waiver.

myjen.ai’s failure to enforce a provision is not a waiver of its right to do so later.

16.3.  Severability.

If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

16.4.  No Assignment.

You may not assign any of your rights in these Terms, and any such attempt is void, but myjen.ai may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with myjen.ai.

16.5.  Notices.

Any notice or communication required or permitted to be given hereunder must be in writing, signed or authorized by the party giving notice, and may be: (a) delivered by hand, deposited with an overnight courier; (b) sent by confirmed email or confirmed duplicate (except that neither email nor duplicate shall be deemed sufficient for notices of breach, termination, or an indemnifiable claim); or (c) mailed by registered mail, return receipt requested, postage prepaid, to the following:

(i) In your case, to the address, mail address and/or facsimile contact information set forth within the Access Request; and

(ii) In the case of myjen.ai to B-120, Sarvodaya Enclave, Ground Floor, New Delhi-110017, India and Email to: customercare@myjen.ai.com