Jiga's terms and conditions
Jiga Customer Terms of Service
Last updated: October 2023
The following are Terms of Service (“Terms“) of a legal agreement between you and Jiga, Inc. and its affiliates (collectively, “Jiga“, “we“, “us” or “our“). These Terms govern your use of www.jiga.io, (“Website“), Jiga’s mobile applications (the “Applications” and together with the Website, the “Platform“), and the services, features, and content we offer through the Platform (“Services“). Our Privacy Notice, available at https://www.jiga.io/privacy/ (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Services on its own behalf or on behalf of an entity either through our Platform our through a white-labelled version of our Platform provided by one of our licensees.
By using the Services or clicking the button marked “I agree”, you acknowledge you have read, understood and agree to be bound by these Terms, as they may be amended from time to time and to comply with all applicable laws and regulations. Your continued use of the Platform and/or Services following any update shall be deemed acceptance of any such amended or updated terms. You also certify that any drawing and/or 3D file (“Model“) uploaded to the Platform does not violate any applicable law or regulation, including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms, you should not use the Platform or Services.
If you are registering or using the Services on behalf of any entity or company, you represent that you are authorized to enter into and bind such company to these Terms.
- Jiga Services
- Subject to these Terms, Jiga allows you to access and use the Platform and Services on a non-exclusive basis.
- Through the Platform you can choose to place an order to have your Model turned into a real product (“Product“) and manufactured for you by your selected manufacturing supplier (“Supplier“).
- Our Services enables you to request to receive quotes from multiple Suppliers, which you may invite to offer fee quotes through the Services. To do so, you must provide certain information about such Supplier, as requested by us, such as the Supplier’s name and email address and you represent that you have the right to provide us with such information. By registering for a Subscription Plan (as defined below), you may be able to access additional features.
2. Account Terms
- Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) you are at least 18 years of age and have the ability to form a binding contract; (b) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (c) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.
- We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
- It is possible to access certain Services and order Products without registration, however, to access certain Services or features, you must register for an account on the Services (an “Account“). To register an Account, you must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your Account password and Account and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
3. Termination of Account
- You acknowledge and agree that Jiga may suspend or terminate your Account at any time by providing three (3) days prior notice. In addition, upon occurrence of any of the following events, Jiga may suspend or terminate your Account with immediate effect and may take any other corrective action it deems appropriate: (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to Suppliers, other users, third parties, or the business interests of Jiga, or (iv) failure to make payment in accordance with the terms specified herein, including chargebacks. If your Account is terminated, you may not rejoin Jiga again without express permission. Jiga may modify or discontinue the Services for all users at any time, provided, however, that such changes will not apply to outstanding orders you have placed. Upon termination of your Account, you shall not have any further access to any content that may be available through your Account.
- We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
- You may request termination of your Account at any time and for any reason by sending an email to [email protected]. Following such request, Jiga shall close your Account as soon as reasonably practicable. Any suspension or termination of your Account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
4. Subscriptions. Certain premium features of the Services will be offered to registered users who have subscribed for a monthly subscription plan (“Subscription Plan“). When registering for a Subscription Plan, you agree to pay Jiga the fees specified on the Website in accordance with the plan for which you have registered.
- Placing an order. To receive a fee quote for the Product based on your Model. For such purpose, you must provide certain information regarding your preferred Supplier, such as the Supplier’s name, and you represent that you have the right to provide us with such information. You can then upload the Model and provide details about your requirements, such as the quantity of the Product you wish to order and, if applicable, the material of which you want the Product to be made. Following your provision of the details of the Supplier, you will be able to choose the method of delivery of the Product. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third-party payment provider website. Please note that the language to be used during the whole ordering process is English.
- Payment and price. The price excludes any import duty or taxes (if applicable). Jiga offers estimated currency conversions as a courtesy to users. These estimates are not guaranteed and may not reflect actual currency conversation rates. If you pay in a currency that is different from the denominated currency of your payment method (which is probably the case if your bank or credit card account is not denominated in U.S. Dollars or Euros), your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to Jiga.
You can initiate your payment for your order via credit card, or bank transfer. In case you choose to pay by bank transfer you will receive the payment instructions via email from Jiga or the applicable Supplier after confirmation of your order.
For orders paid for via credit card, Supplier will begin production after authorizing and holding payment. For orders paid for via bank transfer, Supplier will begin production after the funds arrive in the Jiga bank account. In the event that the selected payment method fails for any reason, Jiga reserves the right to process the payment again or require you to provide an alternative method of payment.
- Acceptance. After accepting your order, you will receive an order confirmation by e-mail to the address associated with your Jiga Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If an order cannot be accepted, you will be notified by email. You should verify the details in the confirmation email.
- Order Tracking. Through the Platform or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc.
- Shipping and Delivery. Delivery of the Product may be arranged directly through the Supplier or through the Platform’s ordering process, directly you to a third party delivery service. Any shipping and delivery dates given through the Platform are only best estimates and neither we nor the Suppliers are liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from the Supplier to the shipment carrier (FOB Shipping Point, EX Works). You shall be responsible and fully liable for compliance with all export control laws.
- Cancellation of your order, return of Products. Due to the personalized nature of our Services (i.e. the Product is supplied based on your specifications), you cannot cancel your order after it goes into production. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
6. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform without Jiga’s prior written authorization, including framing or mirroring any part of the Platform; (2) circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content thereto; (3) use the Platform or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; (5) use or access another user’s account or password without permission; (6) use the Platform or content thereon in any manner not permitted by these Terms or applicable law.
7. Warranty; Disclaimer.
- JIGA IS NOT THE MANUFACTURER OF PRODUCTS AND MERELY SERVES AS A PLATFORM THROUGH WHICH YOU CAN PLACE ORDERS FROM VARIOUS SUPPLIERS. JIGA DISCLAIMS ANY WARRANTY ABOUT THE PRODUCTS THEMSELVES AND DOES NOT GUARANTEE THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSES. Please inspect the Product upon receipt immediately. If the Product is faulty when you received it and you believe you are entitled to a replacement, you may contact the Supplier including through the Platform to submit a claim for a replacement or refund. Any and all warranty claims regarding orders, including but not limited to, replacement and/or refunds of faulty Products are subject to the terms agreed upon between you and such Supplier.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content available on the Platform.
- You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
- You acknowledge and agree that, unless otherwise agreed in writing between you and Jiga, the Platform and Services are not compliant with the International Traffic in Arms Regulations (ITAR).
- OpenAI. The Services may include the use of the OpenAI API to produce certain Products. By accepting these Terms, you hereby consent to such use, including the submission of textual information related to your Model, such as names of materials and quantities (but excluding engineering elements of your model), to the OpenAI API, all in accordance with OpenAI’s terms and policies. Jiga expressly disclaims all warranties and representations in respect of any content received from OpenAI (“OpenAI Content“).
- THE SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE PRODUCTS OR RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
8. Intellectual Property Rights.
- Jiga or its licensors, as the case may be, have all right, title and interest in the Platform and the Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Platform, or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform, and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Jiga or any third party. If you provide Jiga with any feedback regarding any content on the Website and/or Services, Jiga may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback
- You, as a designer, retain all your intellectual property rights in your Models, including without limitation any and all derivative works like renders. Except for the rights and licenses with respect to your Models specified below, Jiga shall not use, modify or display your Models or derivatives thereof. By uploading your Models to the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- By uploading your Model to the Services, you grant Jiga a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your Model in order to fulfill your order, including sharing your Model with applicable Suppliers; (ii) to use the Model as necessary for the operation and maintenance of Services including without limitation for the internal testing and educational purposes of Jiga.
9. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
10. Payments and Billing.
- You agree to pay Jiga the fees as specified on the Platform in accordance with the Products you have ordered and, if relevant, in respect of the Subscription Plan for which you have registered. Payments made in respect of a Subscription Plan are to be made on a monthly basis, in advance of the applicable month. Subscriptions Plans can be cancelled with one month’s advanced notice. It is clarified that you will not be eligible for a refund in respect of any month paid in advance.
- We use a third-party payment processor (the “Payment Processor“) to bill you for any payments owed hereunder, including in respect of Products and in respect of a Subscription Plan, if applicable. If you have a registered Account, we may bill you through a payment account linked to your Account (your “Billing Account“). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By using our Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method“). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
- YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY PRODUCTS AND/OR FOR ANY SUBSCRIPTION PLAN FOR WHICH YOU HAVE REGISTERED UNDER YOUR BILLING ACCOUNT, AS APPLICABLE, UNLESS YOU HAVE TERMINATED SUCH SUBSCRIPTION PLAN AS SET FORTH ABOVE.
- If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Any free trial or other promotion that provides access to services requiring a Subscription Plan must be used within the specified time of the trial.
11. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING) , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY JIGA FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) $250.00.
- Indemnification. You agree to indemnify, defend, and hold harmless Jiga, its affiliates, and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your Account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform, or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
- Non-Circumvention. You agree not to, directly or indirectly, engage with or otherwise obtain Products from any Supplier to whom you were introduced through the Platform off of the Platform or in any manner that would circumvent or obviate the need to use the Platform. To the extent you engage with a Supplier off of the Platform in violation of this section, or if Supplier contacts you off of the Platform and you fail to promptly notify Jiga following such contact (collectively, “Unauthorized Contact“), you shall be liable for a penalty of USD 100,000, payable to Jiga within thirty (30) days of receiving a notice from Jiga regarding the Unauthorized Contact. In the event that an Unauthorized Contact results in a monetary transaction between you and Supplier (“Unauthorized Transaction“), you shall also pay an additional penalty equal to 10% of the Unauthorized Transaction amount. An Unauthorized Contact may result in account termination or suspension at Jiga’s discretion.
- Governing Law and Jurisdiction. These Terms shall be governed solely by the laws of the State of Delaware, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Delaware shall have exclusive jurisdiction to hear any disputes arising hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
- Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback“). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
- Changes to These Terms. We reserve the right to change these Terms from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore, we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. JIGA MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
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