Joget Cloud On-Demand Services Agreement
1.1 This is an agreement between you and JINC governing your use of JCODS that allow users to develop and host applications ("Applications") using the Joget DX platform.
These applications may be for your own use or licensed by you to your clients that may be individuals or business entities ("Customers").
- Terms of Service
2.1 That you agree to be charged a monthly, quarterly or yearly fee for the use of JCODS. Your subscription will be automatically renewed at the end of each subscription period unless you inform JINC that you do not wish to renew the subscription. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. JINC reserves the right to change the subscription fee.
2.2 That you warrant that all content, intellectual property rights in and to the Applications developed, published or imported by you are fully licensed or owned by you. You specifically warrant that you have not copied the script or logic for the Application from applications developed by other users.
2.3 You understand that the right to modify the Applications is granted to your Customers by default. If you do not wish to permit the Customers to modify the Applications, you are entirely responsible for entering into a suitable agreement with the Customers. That you are solely responsible for making the license terms of your Applications known to your Customers and for entering into suitable agreements with your Customers in this regard.
2.4 That if you publish your Application with any data, you represent that such data is duly licensed or owned by you. You also understand that by licensing the Application along with data, you grant the Customer a license to use such data.
2.5 You acknowledge that JINC and other users of Joget DX software (whether hosted on JCODS or installed on-premise) may develop and post similar or otherwise competing Applications. You agree not to make any intellectual property right infringement claims against JINC or other Developers in respect of similar or competing Applications independently developed by them.
2.6 You agree not to post any Application that may be used for any illegal purpose. You also agree that JINC may remove Applications that violate this condition.
2.7 You agree to provide your Customers the necessary technical assistance and resolve issues with respect to your Applications.
3.1 Our standard backup service includes full server-based backups every 24 hours. Additional incremental backup services are available as required based on the package you are subscribed to.
3.2 While JINC attempts to keep regular backups of data stored on our systems, we do not guarantee the existence, accuracy, or regularity of our backup services and, therefore, JINC does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information. JINC is not responsible or liable for any loss of business which may occur due to downtime.
- Monitoring & Response
4.1 JINC goes to every effort for effective external monitoring. JINC uses third party services to provide accurate monitoring outside of our network, with checks scheduled to run every 5 minutes. This monitoring alerts engineers of potential problems with: a) Network access b) Web service access (HTTP/HTTPS unless otherwise requested). Other kinds of checks/monitoring may be set up by arrangement.
4.2 Maximum initial response time for managed services is 2 hours. An online ticketing system will be provided to handle support requests for you based on the package you are subscribed to. Final request resolution and total resolution time will vary depending on the nature of the issue, and are not covered with an SLA. Response time is measured from the time at which JINC staff are notified of the issue(s) by our monitoring systems.
4.3 JINC provides 99.9% uptime, but aims for 100% uptime.
4.4 JINC retains the right to run software which may consume server resources in order to operate statistics and server-side monitoring services, to be used for the optimization, alerting and overall system health monitoring.
5.1 It may be necessary for JINC to temporarily suspend services to maintain our network, hardware, server OS, or other facilities. We will provide you with reasonable advance notice (72hrs) of the scheduled maintenance unless the nature of the maintenance is deemed critical. This will not be deemed as an interruption of the service for the purpose of calculating network, infrastructure, or hardware availability. Notice will be provided by email and our website.
5.2 Maintenance includes the patching of necessary software as required, upgrade of Joget DX and may include emergency patching which could result in temporary loss of services. Emergency patching could include critical security updates which must be installed in a time critical manner. All efforts will be taken to reduce such instances to an absolute minimum of downtime.
- Services Guarantee
6.1 JINC guarantees that infrastructure and services related to all reasonable access to agreed services will be available for the period guaranteed in the level of care your subscription package plan is associated with, within any given month, excluding scheduled maintenance.
6.2 For any issues which arise from the managed application layer, JINC will provide a brief investigation to ascertain what the nature of the issue may be. JINC will notify relevant parties (client, developer) of their initial investigations, but make no guarantees for any information provided.
6.3 For application errors, bugs or any other related problems, please ensure your Joget DX Software Assurance is valid in order to obtain support.
- Data Processing and Privacy
7.1 JINC provide the Services at the direction of the Subscriber, but JINC has no knowledge of the data (including any personal data) that the Subscriber stores or otherwise processes when using the Services.
7.2 You retain full ownership and sole custody of the data and are in control of the entire lifecycle of your hosted data and how such data is classified, accessed, exchanged or otherwise processed when using the Services.
7.3 Pursuant to preceding clauses, you remain solely responsible for any personal information that you collect and process. The Subscriber must take all reasonable steps to protect the hosted data and to comply with laws and regulations as they may apply to the hosted data and the Subscriber. Such reasonable steps would include the Subscriber’s encryption of personal or any regulated data.
8.1 You are permitted to publicly state that you are a subscriber or user of our Services. We may include your name and trade marks in a list of our subscribers, online or in promotional materials or verbally reference you as one of our subscribers. You may opt out of the provisions in this clause by e-mailing a request to our support system.
9.1 JINC or you may terminate this Agreement by giving written notice. During such time, you must remove your Applications and Data from JCODS servers and/or request for a copy of the latest server backup, within 45 days of receiving the notice; After the 45 days, all Applications and Data will be deleted and purged from the JCODS servers.
10.1 From time to time, JINC may change the terms of this Agreement. JINC will post the updated Agreement on the Jogetcloud.com website. Your continued use of JCODS will indicate your agreement to the change.
11.1 Headings under this agreement are intended only for convenience and shall not affect the interpretation of this agreement.
- Limited warranty and limitation of liability
12.1 YOU AGREE THAT JCODS IS PROVIDED TO YOU BY JINC "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JINC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Governing Law
13.1 This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, United States of America, without regard to principles of conflicts of law. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the State of California, United States of America.
Updated: Mar 22, 2019