By downloading the App and by clicking on the “Accept” button you are agreeing to the terms of this agreement which are legally binding (Terms). Please read these Terms together with our privacy policy available here https://getjara.xyz/policies/privacy-policy 

and our Terms of Service https://getjara.xyz/terms-and-conditions  before you download and use the App. Only download the App if you have read the rules and agree to them.

References to Jara, we, us or our in these Terms is a reference to Sustainability International Inc. , and any references to Customer, you or your is a reference to the person with whom Jara enters into these Terms. Any reference to the parties will be a reference to us and you. 

 

THE LICENCE

We license you to download and use Jara mobile application software (the App) and grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope licence to access and use the Services in the App provided you follow all of the rules described in these Terms. 

The licence: 

Is only for you personally (and anyone else     that the app store lets you share the App     with) and for non-business use.

Starts when you download the App.

Covers content, materials, or services     accessible from, or bought in, the App     including all of our support resources (the     Services).

You acknowledge that the Services do not include any:

Services, systems or equipment required to     access the internet (and that you are solely     responsible for procuring access to the     internet and for all costs and expenses in     connection with internet access,     communications, data transmission and     wireless or mobile charges incurred by it in     connection with use of the Services).

Dedicated data back up or disaster recovery     facilities.

Legal, accounting or other professional or     regulated services and that, except as     expressly stated in these Terms, no     assurance is given that the Services will     comply with or satisfy any legal or     regulatory obligation of any person.

 

YOUR PRIVACY 

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy https://getjara.xyz/policies/privacy-policy . 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

ADDITIONAL TERMS FOR SPECIFIC SERVICES 

In addition to these Terms, where you use the Service set out below such use will also be governed by the following terms:

APP STORE TERMS ALSO APPLY 

In these terms, we refer to the site that you download the App from as the app store and we refer to their rules and policies as the app store rules. You must comply with the app store rules as well as these terms. 

 

TECHNICAL REQUIREMENTS 

To use the App your device needs to comply with the following minimum requirements:

Device compatibility

Android

Operating system

Android > 10.0.0

 

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS 

Support. If you want to learn more about the App or the Services or have any problems using them, please contact us directly at [email protected]

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected]

How we will communicate with you. If we need to get in touch with you, we will do so by email or an in-App notification.

 

HOW YOU MAY USE THE APP

In return for your agreeing to comply with these Terms you may:

Download a copy of the App and view, use     and display the App and the Services on such     devices for your personal purposes only. You     may not make use of the Services as an agent     or benefit from managing or uploading any     contents on behalf of any other users.

Use any documentation to support your permitted use of the App and the Services.

Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 16 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP

You must be 16 or over to accept these Terms and download the App.  

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

 

CHANGES TO THESE TERMS                                     

We may in our absolute discretion make, and notify you of, updated versions of these Terms from time to time by notifying you of such update by e-mail (together with a copy of the update or a link to a copy of the update) or notifying you of a change when you next start the App (Update Notification).

The version of these Terms subject to such Update Notification shall replace the preceding version from the date thirty (30) days after Update Notification of such revised document(s) (the Update) (or at such later date as we may specify).

 

UPDATES TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. 

Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

IF SOMEONE ELSE OWNS THE PHONE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device. 

 

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE 

By using the App or the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.

 

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

 

LICENCE RESTRICTIONS

You agree that you will:

Not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us.

Not copy the App, documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security.

Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms.

Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services.

Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS 

You agree that you will fully comply with these Terms and all applicable laws that govern your use of such Services and not use the App or any Service in any unlawful manner.

You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and without limitation, you agree that you shall not:

Act fraudulently or maliciously, for     example, by hacking into or inserting     malicious code, such as viruses, or harmful     data, into the App, any Service or any     operating system.

Display or otherwise disseminate any     obscene or pornographic material, hate     speech, defamatory, gambling related,     discriminatory, deceptive, abusive or     otherwise offensive content.

Engage in activities that violate our Privacy     Policy.

Create false personas, multiple identities,     multiple accounts, use bots or other     automated software programs to defraud or     which otherwise violate these Terms.

Engage in or knowingly facilitate any     “front-running,” “ramping,” “wash     trading,” “cornering” or fraudulent,     deceptive or manipulative trading activities.

Infringe our intellectual property rights     or     those of any third party in relation to     your use of the App or any Service (to the     extent that such use is not licensed by these     Terms).

Encourage any illegal activity. 

 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the documentation or the Services other than the right to use them in accordance with these Terms.

We may use any feedback and suggestions for improvement relating to the Services as provided by you without charge or limitation (Feedback). You hereby assign (or shall or procure the assignment) of all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to us at the time such Feedback is first provided to us.

You hereby waive all rights to be identified as the author of any work, to object to derogatory treatment of that work and all other moral rights in the intellectual property rights assigned to us under these Terms.

 

CONFIDENTIALITY AND DATA PROTECTION

 

Confidentiality

Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s confidential information to third parties except as permitted by these Terms; and (ii) only use the other party’s confidential information to fulfil its obligations and exercise its rights under these Terms. Each party may share the other party’s confidential information with its employees, agents or contractors having a legitimate need to know, provided that the party remains responsible for any recipient’s compliance with these Terms and that these recipients are bound to confidentiality obligations no less protective than these Terms. 

The confidentiality obligations set out above does not apply to (and confidential information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the confidential information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s confidential information. A party may also disclose the other party’s confidential information to the extent required by law or court order, provided it gives advanced notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.

 

Data Protection

You acknowledge that we may process your personal data and any personal data that you provide to us in connection with the Services and that we will process this personal data in accordance with our privacy policy https://getjara.xyz/policies/privacy-policy  . You acknowledge that you have read and understood our privacy policy. 

You shall ensure that any disclosure of personal data made to us under these Terms is made in accordance with applicable data protection legislation.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

 

NO PARTNERSHIP OR AGENCY

Jara and the Customer are independent and are not partners or principal and agent and these Terms do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. Neither party shall have, nor shall represent that it has, any authority to make any commitments on the other party’s behalf.

 

SUSPENSION OF SERVICES

We may suspend access to the Services at any time if we suspect that there has been any misuse of the Services or breach of these Terms. 

Where we suspend your access to the Services, we will provide you with notice of our actions and the nature of the circumstances giving rise to the suspension. We may, in our sole discretion re-establish the Services if we determine that the situation giving rise the suspension has been cured by you. Where the circumstances giving rise to the suspension remain uncured, we will be entitled to end your rights to use the App and any Services.

In addition to the above, we may remove certain NFTs from the App, or restrict the creation of NFTs in our sole and absolute discretion, including in connection with any belief by us that such NFT violates these Terms. We do not commit and shall not be liable for any failure to support, display or offer or continue to support, display or offer any NFT through the App and Services.

 

ENDING THE AGREEMENT 

We may end your rights to use the App and any Services at any time by contacting you if you have broken these Terms in any way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and any Services:

The rights granted by us to you under these Terms shall terminate and you must stop all activities authorised by these Terms, including your use of the App and any Services.

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

WHICH LAWS APPLY

These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland, you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.