Terms of Service

By downloading the JetChat application and creating an Account you (“Member”) enter into an agreement (the “Agreement”) with K2K Soft, LLC, a Florida limited liability company (“K2K”) for the use of the applicable Services.

1. Definitions

The following terms when appearing within the Agreement shall have the following meanings:

Account: means the user Account created by the Member for the purpose of obtaining and managing a Subscription.

Parties: means K2K and Member collectively.

Service(s): means the JetChat mobile application developed by K2K which includes certain messaging services. Full specifications for the Services can be requested by filling out the “Contact Us” form located here: https://jetchat.io/contact-us.

Subscription: means the limited license granted by K2K to the Member to access to the Services for a defined duration.

2. Member’s Account

To subscribe to the Services, Member will create an Account and follow instructions for purchase. Member can manage Account within the app.

Member has no ownership rights to the K2K username or other identifier provisioned by K2K and Member agrees that K2K reserves the right to change Member’s username or other identifier at any time without prior notice to Member.

3. Member Subscription

JetChat Subscription. In exchange for and conditioned upon the full payment of the monthly membership fee, K2K hereby grants Member a limited, non-exclusive, revocable, personal and non-transferable JetChat Subscription. A JetChat Subscription enables Member to perform the following tasks within the JetChat application:

Send and receive text messages to and from other JetChat Members;

Receive incoming attachments; and

Other functionalities as described on the website.

K2K reserves the right to revoke or amend the terms of the JetChat Subscription at any time and for any reason in its sole discretion. K2K reserves the right in its sole discretion to update the functionalities described above at any time.

4. Conditions of Use and Prohibited Activities

JetChat application is for individual use and Member agrees to not use it unreasonably. If K2K determines, at its sole discretion, that Member is using the JetChat application in violation of this Agreement or in any other manner that K2K deems to be impermissible or excessive, then K2K may terminate Member’s service or decline to renew a subscription agreement. Without limitation, you may not:

• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
• Use the JetChat application for any purpose which is in violation of local, state, national, or international law.
• Upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Conduct or forward pyramid schemes.
• Impersonate another person or allow any other person or entity to use your identification.
• Download any file shared by another Member that a Member knows, or reasonably should know, cannot be legally distributed through the JetChat application.
• Imply or state that any statements you make are endorsed by K2K, without the prior written consent of K2K.
• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index K2K in any manner.
• Hack or interfere with the JetChat application and the K2K servers or any connected networks.
• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by K2K.
• Send content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

5. Account, Password and Security

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or K2K for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. K2K has no control over the use of any Member’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact K2K immediately.

6. Privacy Policy

Member acknowledges that Member has reviewed and agreed to the terms of the Privacy Policy which is incorporated herein by reference and available at the following link: https://jetchat.io/privacy-policy

7. Intellectual Property Rights

All text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the JetChat application is owned by K2K or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. K2K owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Members may not copy, download, use, redesign, reconfigure, or retransmit anything from the JetChat application without K2K’s express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of K2K and/or the relevant right holder.

The service marks and trademarks of K2K are owned by K2K. Any other trademarks, service marks, logos and/or trade names appearing on the JetChat application are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

8. Copyright Complaints and Copyright Agent

K2K respects the intellectual property of others, and expects Members to do the same. If you believe, in good faith, that any materials on the JetChat application infringe upon your copyrights, please send the following information to us by filling out the “Contact Us” form located here: https://jetchat.io/contact-us.

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the JetChat application where the material you claim is infringed is located. Include enough information to allow K2K to locate the material, and explain why you think an infringement has taken place;

A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

9. Limited Warranty

K2K warrants that, during the Subscription, the Services will perform substantially as described and in any written materials provided by K2K. K2K cannot foresee how the Member may be using the Services or what might happen if there is a problem with the Services, K2K’s only obligation under this limited warranty is to use commercially reasonable efforts to solve problems encountered by the Member with the Services provided Member or a third party is not responsible for the problem. The Services are dependent on Member’s connection Wi-Fi network and the Services may therefore cease to function, experience latency or not function properly if there is a power failure or other network or system failure with Member’s Wi-Fi service provider.

K2K MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEMBER AGREES THAT K2K’S LIABILITY TO MEMBER IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED TO THE AMOUNTS MEMBER ACTUALLY PAID TO K2K UNDER THIS AGREEMENT. K2K IS NOT LIABLE TO MEMBER FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, LOSS OF PROFIT OR INDIRECT DAMAGES.

10. Release

K2K expressly disclaims any liability that may arise between Members or between Members and their employers.

JetChat application is only a medium for connecting Members. Because K2K is not involved in the actual contact between Members, in the event that you have a dispute with one or more Members or with your employer arising out of your use of the JetChat application, you release K2K (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. Miscellaneous Provisions

a. Governing Law and Jurisdiction. Member agrees that all disputes, claims or controversies relating to this Agreement or the Services, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. Member agrees to the personal jurisdiction of the courts in Palm Beach County, Florida and waives any objection to such jurisdiction. Any claim under this Agreement must be brought within one (1) year after the cause of action arises.

b. Assignment. Member may not assign this Agreement without the prior written consent of K2K.

c. Severability. If for some reason any part of this Agreement is deemed to be void or unenforceable, the rest of the Agreement will remain in effect so long as the modified Agreement does not fail of its purpose.

d. Changes. K2K may make changes to this Agreement from time to time. K2K will publish the changes at https://jetchat.io/terms-of-service. Member understands and agrees that Member’s express acceptance of the Agreement, or use of the Services after the date of publication of an updated Agreement shall constitute full acceptance and consent to the updated Agreement.

e. Headings. The headings used in this Agreement are for convenience only and may not be used to construe meaning or intent in any of the rest of the Agreement.