termsofservice

ATTENTION: PLEASE READ THESE WEBSITE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. EACH TIME YOU ACCESS AND USE THIS WEBSITE AND ANY MATERIALS ON THIS WEBSITE, YOU AGREE TO THESE TERMS, WHICH JOVENT MAY REVISE AT ANY TIME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR OTHER PRODUCTS OR SERVICES, AND DO NOT DOWNLOAD ANY MATERIALS.

These Terms of Service ("Terms") apply to your access to, and use of, the websites, mobile applications, SMS, APIs, email notifications, buttons, widgets, and other products or services (collectively, the "Services") of Jovent Technologies and certain subsidiaries and affiliates (collectively, "Jovent," "we" or "us" or "our"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Jovent for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

Jovent reserves the right to change or modify these Terms at any time and in our sole discretion. If Jovent makes changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services, or by updating the "Last Updated" date at the bottom of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.

1. Privacy Policy

Jovent respects your privacy. please refer to our Privacy Policy, including our Cookie Use statement. By accessing or using the Services, you agree that Jovent and its affiliates can collect and use your information in accordance with the Privacy Policy.

2. Use of the Services

Persons under the age of 16 are not permitted to access or use the Services. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.

3. Creating an Account

Full use of the Services requires that you create an account by providing us with different information depending on your type of account. Such information may include your name, a valid email address and a strong password.

When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights. You are responsible for all activity that occurs in association with your account. Jovent is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our customer support at sr@jovent.com if you discover or suspect any security breach related to the Services or your account.

4. Copyright Policy/DMCA

Jovent respects the intellectual property of others and expects its users to do the same. Unless otherwise specifically noted in these Terms, text, images, trademarks, software, sound files, other files and any other intellectual property materials (collectively, "Content") displayed on this Website are the property of Jovent, or third parties who have authorized their use by Jovent. Any unauthorized use of any Content, whether owned by Jovent or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content or any part thereof or grant any other person or entity the right or access to do so. The Services and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Jovent may terminate an account, deny access to this Site or a service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.

If you believe your copyright or other intellectual property right is being infringed by a user of an Jovent website, please send a notification of the claimed infringement to the following contact:

Legal Department (IP Policy)

Shangdi Building, 30 Xinxi Road,

Haidian District, Beijing, 100085 P.R.China

Phone: +86-10-6060-7077

Fax: +86-10-6297-3700

Email: sr@jovent.com

Please see Title 17 of the United States Code, Section 512 for the requirements of a proper notification.

5. Necessary Equipment

Full use of the Services is dependent upon your use of a computer with adequate software and a supported Test & Measurement device with Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality.

6. Posting your Content on the Services

Jovent may enable you to post, upload, store, send, or display images, data, text, comments, and other information and content ("Your Content") to and via the Services. You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant to Jovent a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, display, perform Your Content, in whole or in part. The rights you grant us in this Section 6 are only for the limited purpose of offering and improving the Services.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of any party; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

Jovent may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sending, or displaying Your Content to and via the Services.

When using the Services, you agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Comply with any instructions and technical specifications provided by Jovent, to enable the proper functionality of the Services, including by not altering or modifying any computer code provided to you;

When using the Services, you agree that you will not:

Create a false identity on Jovent, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots, or any other means or processes to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service;
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without the consent of Jovent;
Disclose information that you do not have the consent to disclose (such as information of others);
Violate the intellectual property or other rights of Jovent;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without Jovent’s consent;
Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Jovent’s consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

7. Hyperlinks

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Jovent’s sole discretion.

8. Third-Party Services

The Services may display or permit linking or other access to or use of third-party content, promotions, ads, websites, apps, services and resources (collectively "Third-Party Services") that are not under Jovent’s control. This may include the opportunity for you to link your Jovent account, Jovent data, or the Jovent Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Jovent Services, such as third-party applications accessed to the Jovent Services, are not part of the Jovent Services and are not controlled by Jovent, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Jovent Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. Jovent is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Services.

9. Terms‌ ‌for‌ ‌Paid‌ ‌Services

These Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and to the use of any paid Jovent Services, including automatically-renewing subscription services and one-time purchases and other virtual items (collectively the “Paid Services”).By purchasing or using a Paid Service, you agree to be bound by the Jovent Terms of Services, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.

Paid Services

Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services. Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Jovent Service require payment.

Automatically Renewing Subscriptions.

Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Services. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term.

Subscription Cancellation.

You may cancel your Subscription at any time by accessing your settings page within your account settings or by contacting our customer support at sr@jovent.com. Your cancellation will take effect at the end of the current Subscription Term.

In the event you cancel your Subscription, note that we may still send you promotional communications about Jovent, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

No Refunds on Subscriptions acquired more than 30 days prior.

In the event that during the first 30 days of use you wish to make use of the initial warranty service and request a refund, the user must contact our customer service at sr@jovent.com.

Free Trials.

From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period.

Price Changes.

We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.

One-Time Purchases

Certain Paid Services are one-time purchases, and are not subscription-based. These purchases include licenses for assessments and other products that Jovent may offer and are not subscriptions.

There are no refunds on one-time purchases made more than 30 days ago.

In the event that during the first 30 days of use you wish to make use of the initial warranty service and request a refund, the user must contact our customer service at sr@jovent.com.

Your purchase is associated with a payment for a limited, non-transferable license to access and use such content or functionality in the Services.

Payments and Billing

You authorize Jovent to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.

Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

10. Feedback and Submissions Policy

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about the Services (collectively, "Feedback"). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Jovent. Jovent shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

If you submit (at our request or otherwise) comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Jovent, or obtained from sources other than you.

11. Alerts and Notifications

As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your notification account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

12. Changes to the Services

Jovent may change or discontinue, temporarily or permanently, any feature, component or content of the Services at any time without notice. Jovent is not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature, component or content of the Services. We reserve the right to determine the timing and content of software updates.

13. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting sr@jovent.com.

14. Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WHETHER ORAL OR WRITTEN, JOVENT, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, JOVENT EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Jovent make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Jovent make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content. Jovent may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Jovent makes no commitment to update the materials at this Site.

15. Limitation of Liability

IN NO EVENT SHALL JOVENT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA , SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOVENT HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM JOVENT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

16. Contact Us

If you have questions about this terms or need help exercising your rights, please contact us at sr@jovent.com.

BEIJING JOVENT TECHNOLOGIES CO., LTD.

Legal Department (IP Policy)

Shangdi Building, 30 Xinxi Road,

Haidian District, Beijing, 100085 P.R.China

Updated: April 24, 2024