PLEASE READ CAREFULLY (English only)

Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:

Accepting this Agreement: This End User License Agreement constitutes a valid and binding agreement between Jemmal-Security and You, as a user, for the use of the Jemmal-Security Services. By (continuously) using the Jemmal-Security Services You agree to be bound by the terms of this Agreement and any new versions hereof.

Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based services according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and use the Jemmal-Security Services. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Jemmal-Security Services is allowed.

Article 1. Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Jemmal-Security. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

1.3 API: application program interface that is included in or linked to the Jemmal-Security Services.

1.4 Documentation: any online or otherwise enclosed documentation provided by Jemmal-Security.

1.5 Effective Date: the date on which this Agreement is entered into by starting using the Jemmal-Security Services.

1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Jemmal-Security Services, the Documentation, the Jemmal-Security Website or the Jemmal-Security Promotional Materials.

1.7 Jemmal-Security: A trademark of Les-Solutions-IP, a company established under the laws of Canada.

1.8 Jemmal-Security Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by Jemmal-Security for the promotion of its company, its products and activities.

1.9 Jemmal-Security Services: the service offered by Jemmal-Security for internet security, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.

1.10 Jemmal-Security Staff: the officers, directors, employees and agents of Jemmal-Security or its Affiliates, or any other persons hired by Jemmal-Security or its Affiliates in relation with the execution of this Agreement.

1.11 Jemmal-Security Website: any and all elements and contents of the website available published by Jemmal-Security.

1.12 UI: the user interface of the Jemmal-Security Services.

1.13 You: you, the end user of the Jemmal-Security Services, also used in the form "Your" where applicable.

Article 2. License and Restrictions

2.1 License. Subject to the terms of this Agreement, Jemmal-Security hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge or prepaid license to use the Jemmal-Security Services on Your computer or smart Phone, for the sole purpose of internet security and any other applications that may be explicitly provided by Jemmal-Security.

2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Jemmal-Security Services.

2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Jemmal-Security Services.

2.4 Third Parties. You acknowledge and agree that the Jemmal-Security Services may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Jemmal-Security emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the Jemmal-Security Services. Any such third party software or technology that is incorporated in the Jemmal-Security Services falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Jemmal-Security Services will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Jemmal-Security or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Jemmal-Security or its Affiliates to enforce any of your rights.

2.5 New Versions of the Jemmal-Security Services. Jemmal-Security, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Jemmal-Security Services. You acknowledge and agree that Jemmal-Security has no obligation to make available to You any subsequent versions of the Jemmal-Security Services. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Jemmal-Security Services. Furthermore, you acknowledge and agree that Jemmal-Security, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Jemmal-Security Services, or terminate any license hereunder, at any time. Jemmal-Security also may suspend or terminate any license hereunder and disable any Jemmal-Security Services You may already have accessed or installed without prior notice at any time.

2.6 Paid Services. This Agreement applies to using the Jemmal-Security Services, prepaid charge. The use of any free of charge services which may be offered by Jemmal-Security or its Affiliates, is subject to the additional Terms of Service that are published on the Jemmal-Security Website.

Article 3. Exceptions to License Restrictions

3.1 Redistribution. You are not allowed to redistribute the Jemmal-Security Services, unless You have agreed to and meet with the Distribution Terms that are published on the Jemmal-Security Website.

3.2 API. You are not allowed to use or modify the API, unless You agree to and meet with the following subsequent terms:

• 3.2.1 You may only make use of and/or modify the API to distribute the Jemmal-Security Services (a) for any legitimate purposes and (b) provided that You will not remove, overtake, hide or otherwise make the UI inaccessible for end users.
• 3.2.2 You will constantly monitor the Jemmal-Security Website in order to ensure that You are distributing the latest stable version of the Jemmal-Security Services as well as that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the API and, where applicable, any and all use of the Jemmal-Security Services.
• 3.2.3 You acknowledge and agree that Your use and/or modification of the API will be at Your own risk and account.

3.3 You acknowledge and agree that any IP Rights arising directly from the API are the exclusive ownership of Jemmal-Security or its licensors without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such API modifications to Jemmal-Security, notwithstanding Your obligation to cooperate with Jemmal-Security in order finalize any other deed upon Jemmal-Security's first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to YourAPI modifications. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your API modifications are correct and accurate and (c) the API modifications do not infringe upon any third parties' rights, including but not limited to intellectual property rights.

3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms, the API Terms or the Jemmal-Security Promotional Materials Terms, You will have to obtain Jemmal-Security's written consent and agree on any further (commercial) terms.

Article 4. Permission to Utilize

4.1 Permission to utilize Your phone or computer. In order to receive the benefits provided by the Jemmal-Security Services, you hereby grant permission for the Jemmal-Security Services to utilize the processor and bandwidth of Your phone or computer for the limited purpose of facilitating the communication between You and other phone users.

4.2 Protection of Your phone or computer (resources). You understand that the Jemmal-Security Services will use its commercially reasonable efforts to protect the privacy and integrity of Your phone or computer resources and Your communication, however, You acknowledge and agree that Jemmal-Security cannot give any warranties in this respect.

Article 5. Confidentiality and Privacy

5.1 Jemmal-Security's Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Jemmal-Security, its Affiliates, the Jemmal-Security Staff, the Jemmal-Security Services and the IP Rights, strictly confidential.

5.2 Your Confidential Information and Your Privacy. Jemmal-Security is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy that is published on the Jemmal-Security Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

Article 6. IP Rights and Translations

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of Jemmal-Security and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.

6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Jemmal-Security's rights and ownership thereof.

6.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the Jemmal-Security Website or as otherwise requested of You by Jemmal-Security at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of Jemmal-Security without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such translations to Jemmal-Security, notwithstanding Your obligation to cooperate with Jemmal-Security in order finalize any other deed upon Jemmal-Security's first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to Your translations. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your translations are correct and accurate and (c) the translations do not infringe upon any third parties' rights, including but not limited to intellectual property rights.

6.4 Use of Jemmal-Security Promotional Materials. You are not allowed to use the Jemmal-Security Promotional Materials, unless You have agreed on and meet with the Jemmal-Security Promotional Materials Terms as published on the Jemmal-Security Website.

Article 7. Communication and Your Use of the Jemmal-Security Services

7.1 Communication. Using Jemmal-Security Services enables You to communicate with other phone users.

7.2 No Warranties. Jemmal-Security cannot guarantee that You will always be able to communicate with other phone users, nor can Jemmal-Security guarantee that You can communicate without disruptions, delays or other communication-related flaws. Jemmal-Security will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Jemmal-Security Services.

7.3 No Control. You acknowledge and understand that Jemmal-Security does not control, or have any knowledge of, the content of any communication(s) spread by the use of the Jemmal-Security Services. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Jemmal-Security will not be liable for any type of communication spread by means of the Jemmal-Security Services.

7.4 No Emergency Services. You expressly agree and understand that the Jemmal-Security Services is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Jemmal-Security, its Affiliates or Jemmal-Security Staff are in no way liable for such emergency calls.

7.5 Lawful purposes. You acknowledge and agree to use the Jemmal-Security Services solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Jemmal-Security Services or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.

Article 8. Term and (Consequences of) Termination

8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Jemmal-Security or You as set forth below.

8.2 Termination by Jemmal-Security. Jemmal-Security may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Jemmal-Security Services, as set forth in Article 2.5 above.

8.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Article 8.4 below.

8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Jemmal-Security Services shall terminate, and (b) will cease any and all use of the Jemmal-Security Services, and (c) will remove the Jemmal-Security Services from all hard drives, networks and other storage media and destroy all copies of the Jemmal-Security Services in Your possession or under Your control.

Article 9. Your Representations and Warranties; Indemnification of Jemmal-Security

9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Jemmal-Security Services.

9.2 Indemnification. You agree to indemnify, defend and hold Jemmal-Security, its Affiliates and the Jemmal-Security Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Jemmal-Security Services, or (d) use and/or modification of the API or (e) communication spread by means of the Jemmal-Security Services.

Article 10 Disclaimer of Warranties

10.1 No warranties. THE Jemmal-Security Services IS PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; Jemmal-Security DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Jemmal-Security Services, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Jemmal-Security FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Jemmal-Security Services WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Jemmal-Security WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF SERVICE MADE THROUGH THE Jemmal-Security Services.

10.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Jemmal-Security Services remains with You, to the maximum extent permitted by law.

10.3 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

Article 11. Limitation of Liability

11.1 No Liability. The Jemmal-Security Services is being provided to You with prepaid charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Jemmal-Security, ITS AFFILIATES AND THE Jemmal-Security STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Jemmal-Security Services, AS SET FORTH BELOW.

11.2 Limitation of Liability. IN NO EVENT SHALL Jemmal-Security, ITS AFFILIATES OR THE Jemmal-Security STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Jemmal-Security Services, EVEN IF Jemmal-Security, ITS AFFILIATES OR THE Jemmal-Security STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Jemmal-Security Services IS TO DEINSTALL AND CEASE USE OF SUCH Jemmal-Security Services.

11.4 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

Article 12. General Provisions

12.1 New versions of the Agreement. Jemmal-Security reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Jemmal-Security Website. Your continued use of the Jemmal-Security Services shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Jemmal-Security with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

12.4 No waiver. The failure of Jemmal-Security at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Jemmal-Security.

12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

12.6 Assignment by Jemmal-Security. Jemmal-Security is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Canada without giving effect to the conflict of laws or provisions of Canada or Your actual state or country of residence.

12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Canada sitting in Canada.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE Jemmal-Security Services, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO Jemmal-Security THE RIGHTS SET FORTH HEREIN.

Article 13. Fair Use Policy

Summary

13.1. It is important to Jemmal-Security that all eligible Jemmal-Security customers are able to access our Services. Accordingly, We have devised a Fair Use Policy which applies to:
(a) usage of Jemmal-Security security checks
(b) usage of validating phone numbers
(c) usage of promotions; and
(d) any other promotions which are advertised by Jemmal-Security as subject to the Fair Use Policy ("Fair Use Promotions").

13.2. We reserve the right to vary the terms of the Fair Use Policy from time to time.

13.3. Jemmal-Security may rely on the Fair Use Policy where your:
(a) usage of Jemmal-Security security checks;
(b) usage of validating phone numbers
(c) participation in a Fair Use Promotion, is excessive or unfair, as defined below.

Excessive Use

13.4. In the case of Jemmal-Security checks, there are restrictions on the maximum number of security level checks.

13.5. In the case of phone numbers, validating more than five numbers is excessive use

13.6. In the case of Fair Use Promotions, what is excessive use will either be advertised by Jemmal-Security at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.

Unfair Use

13.7. It is unfair use where You attempt to gain unauthorized access to any feature or part of Jemmal-Security Services or Network by any illegitimate means.

13.8. It is unfair use where You use any device or software to interfere or attempt to interfere with the proper working of the Jemmal-Security Services or any transaction being conducted on Jemmal-Security Network.

13.9. It is unfair use where You forge headers or otherwise manipulate identifiers in order to disguise Your origin. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity especially for Fair Use Promotion.

13.10. It is unfair use where You attempt to resupply a Jemmal-Security Service without Jemmal-Security`s prior consent.

13.11. It is unfair use where You use Jemmal-Security Services or Network for any purpose that is unlawful or prohibited by this Fair Use Policy, or to solicit the performance of any illegal activity or other activity which infringes the rights of Jemmal-Security.

 

Last revised: April 2016