The legal stuff (we try not to make it too painful)
The legal stuff (we try not to make it too painful)
Updated: June 9, 2016
Jotto is a team-based communications tool. It is intended to be private to members of the team.
Please read this Agreement carefully before accessing or using the Application. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these terms and conditions are considered an offer by Jotto, acceptance is expressly limited to these terms. The Application is available only to individuals who are at least 13 years old.
"Your Data" means any data and content you upload, post, transmit or otherwise made available via the Application. "Your Data" includes written words, files or images you upload, hyperlinks, comments you make, and anything else you enter or upload into the Application. Jotto will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Application and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
If any Members send us any feedback or suggestions regarding the Application, you grant Jotto an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services. You acknowledge that Jotto has no obligation to monitor any information on the Application. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Application. The Application provide features that allow you and your Members to share Your Data and other materials with others. Please consider carefully what you allow to be shared.
However, in accepting this agreement, you agree not to:
Jotto is currently in private beta with a select number of non-paying test customers. Jotto may change, suspend or discontinue the Application, or an instance of of the Application, at any time, including the availability of any feature, database, or application content. Jotto may also impose limits on certain features and services or restrict your access to parts or all of the Applications without notice or liability.
However, if Jotto suspends or discontinues an instance of the Application, a backup of user content (Your Data) will be provided to the Primary Owner of the instance.
You certify to Jotto that you are at least 13 years of age. You also certify that you are legally permitted to use the Application, and take full responsibility for the selection and use of the the Application. This Agreement is void where prohibited by law, and the right to access the Application is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Application, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Application.
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Jotto shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any Jotto server, or to any of the services offered on or through the Application, by hacking, password "mining", or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Jotto's systems or networks, or any systems or networks connected to the Application or to Jotto.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application.
You shall not use the Application or any Content for any purpose that is unlawful or prohibited by this Agreement.
Jotto is currently in a free beta period. However, Jotto reserves the right to charge for usage of the Application in future.
If an Primary Owner has not worked with Jotto to set up Google Apps authentication for your instance, you may be required to register with Jotto and select a password. You agree to provide Jotto with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Jotto reserves the right to refuse registration of, or cancel a Jotto Member in its discretion. You shall be responsible for maintaining the confidentiality of your Jotto password and other account information.
Jotto may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Jotto account (if you have one), you may simply discontinue using the Application. Jotto can terminate the Application immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Jotto reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Jotto may also, in the future, offer new services and/or features through the Application (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Website is provided "as is". Jotto and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jotto nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Application at your own discretion and risk. Jotto will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
In no event will Jotto, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Jotto shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Excluding Your Data, all content included on the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jotto or its content suppliers and protected by United States and international copyright laws. All software used on (or provided through) the Application is the property of Jotto or its software suppliers and protected by United States and international copyright laws.
You agree to indemnify and hold harmless Jotto, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Application, including but not limited to out of your violation this Agreement.