Terms of Service

By using the services and products of JayStack Technologies LLC you explicitly accept the Terms and Conditions of JayStack Technologies LLC and the conditions of the subscribed services*. If you do not accept these Terms and Conditions, please do not use the services and products of JayStack Technologies LLC, as these terms are not negotiable.

“You” means the user using the products and services of JayStack Technologies LLC. “We” means JayStack Technologies LLC.

 

General conditions

 

  • JayStack Technologies LLC is not responsible for the activities of its clients and users. If you encounter any sort of illicit or illegal activity related to the services of JayStack Technologies, please file a misconduct report here.
  • JayStack Technologies LLC cannot be held responsible for any damage, loss or harm that is a consequence of failure or outage of a software/service or device by third party manufacturers or developers.
  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Support or SLA is only provided to paying account holders.
  • We do not warrant that the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • For QA purposes we may record any voice communication between You and Us.

 

Limitations of Liability

 

WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.

IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

 

Indemnification

 

You agree to indemnify, defend and hold harmless JayStack Technologies LLC, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or Services, including any Content or Apps you submit in connection with the Site or Services; (ii) a violation of these Terms of Use; (iii) a violation of any rights of any other person or entity; (iv) your registration; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you or your Content into the Site, Services or any App.

 

Your responsibilities

 

  • You have to provide accurate information about yourself, including billing and payment details. You agree not to falsify your account information or your origin.
  • You agree not to conduct any sort of illicit, illegal, harmful or fraudulent activity or to produce invalid personal information.
  • You agree not to upload any content which violates the Law, which is fraudulent, obtrusive, harmful or offensive. You also agree to upload only content that you actually own or have the legal right to use this way. You and only you are responsible for the content you upload.
  • You agree not to commit any network abuse, including but not limited to monitoring, crawling, denial of serves, intentional network interference, operate open proxies, operate open mail relays or operate recursive domain name servers.
  • You agree not to upload any malignant code that may damage the services we provide to you, including but not limited to viruses, Trojans, bots and such.
  • You agree not to use our products or services to provide or operate mass mail services of any kind.
  • You are responsible for the protection of the data you upload using the services of Jaystack Technologies LLC.
  • You are responsible for the code you upload to our services. Should the code fail to operate, we cannot be held responsible. We can provide you assistance to fix your code, should you opt to purchase developer support.
  • You own your code and data which you upload to our services. We do not resell or otherwise provide your code or data to any 3rd parties.
  • You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate.
  • You are responsible for the payment for the products and services you purchased from JayStack Technologies LLC or for which you subscribed to. You are responsible to keep you credit card or other payment information up-to-date and accurate. The tax content of subscription fees may vary for different countries and different legal entities (individuals or companies).

Should you fail your responsibilities or should the services we provide to you become impractical or uneconomical, we have the right to terminate this agreement and suspend the services we provide to you.

 


 

***Terms of support services

 

JayStack Technologies LLC provides developer support services only within the terms of this the following agreements:

Customers subscribed to the JayStorm or JayData support services are eligible for JayStack’s developer support for all kinds of development-related question, regarding the code or content they would like to upload to the subscribed services of JayStack Technologies LLC. Support subscription for one product is not valid for other product related support.

 

Service availability

 

Unless otherwise stated, all Support Services are offered during normal business hours (9:00 AM – 5:00 PM  EST, Monday – Friday, except  USA Bank Holidays).

 

Conditions for providing support

 

JayStack Technologies LLC only provides support services if:

  • You are a legal subscriber of the products or services you require support for
  • You send your support request from the e-mail address you provided during your registration
  • You are a legal subscriber of our developer support services
  • You make all reasonable efforts to apply the solution provided by JayStack Services LLC and follow the advice of our support engineers;
  • You hand over all information necessary to fix any possible errors or issues

Please find the available support packages here.

 

Exclusions from the Support Services

 

JayStack Technologies LLC will not provide any support services if:

  • You violate the terms of the Services Agreement applicable for the subscription services or products of JayStack Technologies LLC;
  • The error is caused by ill will or negligence on your part, hardware error or other causes beyond the reasonable control of JayStack Technologies LLC;
  • The error is caused by third party software not licensed through our services or provided by JayStack Technologies LLC;
  • You have not fulfilled your payment obligations for the Support Services when due or performed any activity in breach of this Agreement.
  • You are subscribed to JayStorm Open Edition

 


 

Terms of downloadable software

 

Depending on your actual purchase, one or more from the following terms available on-line are applicable to you:

JayData Pro License Agreement

JayData IndexedDB Provider Pro License Agreement

JayData IndexedDB Provider Pro – Trial License Agreement

JayData WebSQL/SQLite Provider Pro License Agreement

JayData WebSQL/SQLite Provider Pro – Trial License Agreement

JayData MongoDB Provider Pro License Agreement

JayData MongoDB Provider Pro – Trial License Agreement

 


 

Payment

 

Please make a note that a charge from “JayStack Technologies, LLC” will appear on your credit card statement for the services.
By agreeing to the Terms of Service and providing your credit card data during registration, you agree to JayStack Technologies LLC charging said credit card with the service/product fee of the requested services. JayStack Technologies LLC reserves the right to not only charge your credit card at the end of each month but to do so 90 days after using our services. Charges can be applied during any month if you have exceeded your credit limit before the end of said month.

 

Refund policy

 

We commit to a certain percentage of uptime and availability of our products and services for our Customers.  JayStack Technologies LLC does not provide refunds in the form of charge-backs or wire transfers. We provide refunds in the form of discounts from your subsequent subscription fees.
Should we fail to provide you the services you subscribed to, you might be eligible for a refund. All cases are evaluated individually, based on the following legally non-binding guidelines:

In case of a technical failure or network downtime, JayStack Technologies can refund monthly subscription fees depending on the level of SLA-violation. Subscription fee refunds are provided as a subscription discount during the month following the month of service or network outage. The JayStorm Open Edition is an exception, no kind of refund is available for service or network outage for this option.

We do not provide any refunds for proprietary purchased software (eg. JayData Pro or and Pro Providers).

Please consider that we might deem that you are not eligible for a refund after carefully evaluating your case. This can happen if the downtime was not our liability but the result of third party failures or the problem with your content.

 

Cancellation and exchange policy

 

You can customize your monthly plan by adding and removing services. Please note that modifications are saved after pressing the Launch button.

Your cloud services are promptly changed after clicking the Launch button, which means your new billing period is now beginning from the time of the change you requested.

Cancelling your subscription can be achieved by clicking the Destroy app option. Please note that you will be charged for the time elapsed between launching and destroying the services. You can re-use your pre-paid balance to create another application.

Be careful, as Destroying an application will delete all your application data stored on our servers and makes your application unavailable!

 


 

Modification

 

JayStack Technologies reserves the right to modify its services terms, pricing, or discontinue services . Users will be notified 30 days before the changes are implemented.

* To learn more about conditions of services, visit the comparison page of JayStorm Editions and Support Plans.