Jiga Terms and Conditions

Terms of Service


Jiga, Inc. and its affiliates (“Jiga“, “us“, “our“, or “we“) has developed a platform (“Platform“) through which its customers (“Customers“) can upload 3D models and have products manufactured based on the models uploaded. Through the Platform, Jiga also engages manufacturers (“Manufacturers“) to assist in provision of manufacturing services (“Manufacturing Services“) and production of products for Customers. These Terms of Service (“Terms“) govern Jiga’s engagement of Manufacturers and the use by such Manufacturers of the Platform. Jiga’s Privacy Notice, available at https://www.jiga.io/privacy-notice-manufacturers/ (“Privacy Notice“) describes Jiga’s collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual accepting these Terms on behalf of a Manufacturer. 


Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms on behalf of the Manufacturer. Changes may be made to these Terms from time to time and continued use by the Manufacturer of the Platform following any changes to these Terms signifies its assent to the amended Terms. If you or the Manufacturer do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Platform.


By registering on behalf of a Manufacturer, you represent that you are authorized to enter into, and bind the Manufacturer to these Terms. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Manufacturer. Any rights granted hereunder are revoked where prohibited.


  1. Provision of Manufacturing Services


  1. During the Term (as defined below) and subject to the terms and conditions hereof, the Manufacturer agrees to provide certain Manufacturing Services and deliverables to Jiga as may be detailed and agreed within the Platform (“Deliverables“). The details of Deliverables to be provided, such as specifications, quantities, performance timelines, milestones, fees to be paid, payment schedules, and other service-specific terms shall be as agreed within the Platform.


  1. Manufacturer may use third-party subcontractors to provide the Manufacturing Services, subject to Jiga’s prior written approval and provided that Manufacturer remains fully liable for the acts and omissions of any subcontractors. 

 

  1. Manufacturer will be responsible for obtaining, at its expense, any regulatory and government approvals necessary for the provision of the Manufacturing Services as contemplated hereunder. At Jiga’s written request, Manufacturer will provide copies of all such approvals and submissions to governmental authorities, and Jiga will have the right to use any and all information provided in connection with its own regulatory approval and/or commercial development.


  1. Jiga shall be responsible for arranging for collection and transport of Deliverables from Manufacturer’s facilities. Manufacturer shall ensure that the Deliverables shall be ready in accordance with the time schedule agreed with Jiga and shall reasonably cooperate with the delivery means instructed by Jiga for the collection and transport of Deliverables.


  1. Testing and Acceptance.


  1. Manufacturer shall perform all testing and analysis of Deliverables to ensure that they meet the specifications and quality standards agreed and shall maintain records of such testing in accordance with best industry practice. Manufacturer shall provide such records to Jiga upon request.


  1. Jiga may examine Deliverables to ensure conformity to the requirements agreed and may reject any Deliverables due to non-conformance or defects. Jiga will specify the basis for such rejection to Manufacturer in writing and Manufacturer shall correct any non-conformance within seven (7) days of such notice, at no additional cost to Jiga. Neither payment for, nor use or inspection of the Deliverables shall be considered acceptance. If Jiga does not reject a Deliverable in writing within 30 days of its collection of such Deliverable, the Deliverable shall be deemed accepted by Jiga. 

 

  1. Jiga shall have the right to conduct inspections of Manufacturer’s facilities and relevant records from time to time on a reasonable basis and following advanced coordination with Manufacturer and Manufacturer shall cooperate with Jiga and shall provide Jiga with access to its premises and any relevant documents and/or information requested by Jiga.


  1. Representations.


  1. The Manufacturer represents and warrants that (i) the Manufacturing Services will be performed in a good and workmanlike manner, consistent with industry standards, in conformance with the requirements agreed in the Platform and will not infringe upon any third party’s right; (ii) the Manufacturing Services and Deliverables shall comply with all applicable laws, regulations, and applicable industry standards, including without limitation standards for labeling, packaging, manufacturing environment, as such applicable standards may be revised during the Term; (iii) Manufacturer has obtained or completed all necessary consents, approvals, authorizations, registrations, filings, clearances or qualifications with any governmental authority necessary for the provision of the Manufacturing Services and/or Deliverables hereunder in the jurisdictions where the Manufacturing Services are provided; it will conduct its export and import transactions in accordance with all applicable legal requirement, regulation, or order governing imports, exports, re-exports, or transfers of products, services, software, or technologies, from or to the United States or any other applicable country.


  1. The Manufacturer further represents and warrants that all Deliverables provided (i) shall conform to the specifications as agreed through the Platform; (ii) shall be transferred to Jiga free and clear of all security interests, liens, or encumbrances; (iii) the incorporation of Background IP (as defined below) in the Deliverables and any licenses granted in respect thereof shall not infringe the intellectual property, privacy, publicity, or moral rights of any third party; and (iv) shall be free from defects in workmanship or materials (including production and packaging defects) for a period of two (2) from the date of acceptance by Jiga, unless otherwise agreed between the parties (“Warranty“). In addition, to the extent Manufacturer has obtained warranties from the original manufacturer of any components included in the Deliverables, Manufacturer passes such warranties through to Jiga and shall provide details of such warranties to Jiga upon request. Any non-conforming Deliverable subject to the Warranty may be returned to Manufacturer for repair, replacement or a refund of the original purchase price at Jiga’s discretion. Acceptance of Deliverables by Jiga shall not be deemed to be an admission that the accepted Deliverables conform with the Warranty.


  1. Account Registration


  1. If the Manufacturer is invited to use the Platform by a Customer, the Manufacturer may access the Platform and provide a price quote to the applicable Customer without registration. Otherwise, Manufacturers will be required to register a dedicated account through which they and their authorized users will be able to access the Platform.

 

  1. To the extent applicable, Manufacturer agrees to notify Jiga immediately of any unauthorized use of its account credentials. Manufacturer and each authorized user to whom it provides access to its account credentials is fully responsible for the security of any computer system and/or mobile device through the account is accessed and all activities within the account. To the fullest extent permitted by applicable law, Jiga will not be liable for any losses or damage arising from unauthorized use of Manufacturer’s account or password, and Manufacturer agrees to indemnify and hold Jiga harmless for any unauthorized, improper or illegal use of its account and any charges and taxes incurred. Jiga does not police for and cannot guarantee that it will learn of or prevent, any inappropriate use of the Platform.


  1. Termination of Account


  1. Jiga may suspend or terminate the Manufacturer’s 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 the Manufacturer’s 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 Customers, third parties, or the business interests of Jiga. If the Manufacturer’s account is terminated, it may not rejoin Jiga again without express permission. Jiga may make modify or discontinue the Platform for all users at any time, provided, however, that such changes will not apply to outstanding orders placed through the Platform. Upon termination of the Manufacturer’s account, it shall not have any further access to any content that may be available through its account.


  1. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Platform. 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 Platform. 


  1. Manufacturer may request termination of its Jiga account at any time and for any reason by sending an email to [email protected]. Following such request, Jiga shall close the account as soon as reasonably practicable. Any suspension or termination of an account shall not affect Manufacturer’s obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made hereunder, limitation of liability), which by their sense and context are intended to survive such suspension or termination. 


  1. Consideration and Payment 


  1. In consideration of the Manufacturing Services and Deliverables, Jiga shall pay Manufacturer the fees as agreed per Deliverable within the Platform (“Fee“) in accordance with Jiga’s standard price list, as detailed in the Platform, subject to receipt of an undisputed invoice. Payment shall be made within thirty (30) days from the end of the month during which the relevant Deliverable is provided to Jiga. The Fee shall include any VAT, taxes and governmental charges applicable. 


  1. Manufacturer will bear all costs relating to the Manufacturing Services provided, including, without limitation, in respect of materials, equipment, and insurance.


  1. Intellectual Property


  1. Jiga IP. As between Jiga and Manufacturer, Jiga and its licensors, as the case may be, own all rights, title, and interest in and to any specifications, designs, and schematics provided as the basis for Deliverables, as well as in and to the Platform, the overall appearance of the Platform or any text, graphics, graphics design, videos, demos, interfaces, and underlying source files therein, and all worldwide intellectual property rights thereto, trademarks, service marks, and logos contained therein, whether registered or unregistered. Nothing in these Terms or on the Platform should be construed as granting you or Manufacturer any right to use any trademark, service mark, logo, or trade name of Jiga or any third party. If Manufacturer provides Jiga with any feedback regarding the specifications or Deliverables, Jiga or its Customer/s, as applicable, 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.

 

  1. License. Manufacturer hereby grants Jiga and its successors and assignees a worldwide, royalty-free, fully paid-up and non-exclusive license under any of Manufacturer’s intellectual property rights to use, copy, display, and transmit Manufacturer’s name and logo through the Platform.


  1. Assignment.


  1. Manufacturer hereby does and will irrevocably assign to Jiga any and all of Manufacturer’s rights, title and interest in and to any and all Deliverables and all associated records, including any intellectual property rights therein and thereto and shall secure the assignment of such rights by its employees, to the extent required.

 

  1. To the extent any of the right, title and interest in and to the Deliverables cannot be assigned by Manufacturer to Jiga, Manufacturer hereby grants to Jiga an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to use fully, practice and exploit those non-assignable rights, title and interest. To the extent any of the rights, title and interest in and to the Deliverables can neither be assigned nor licensed by Manufacturer to Jiga, Manufacturer hereby irrevocably waives and agrees never to assert the non-assignable and non-licensable rights, title and interest against Jiga, any of Jiga’s successors in interest, or any of Jiga’s Customers.

 

  1. To the extent Manufacturer incorporates into the Deliverables any intellectual property, know-how, or other elements that are conceived of, created, generated, or developed by Manufacturer or any others (other than Jiga or Jiga’s Customer) outside of the context of these Terms (“Background IP“), Manufacturer hereby grants to Jiga and Jiga’s designees a royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to use fully, practice and exploit all patent, copyright, moral right, mask work, trade secret and other intellectual property rights relating to any Background IP.

 

  1. Manufacturer agrees to perform all acts that Jiga deems necessary or desirable to permit and assist Jiga, at its expense, in obtaining, perfecting and enforcing the full benefits, enjoyment, rights and title throughout the world in the Deliverables. If Jiga is unable for any reason to secure Manufacturer’s signature to any document required to file, prosecute, register or memorialize the assignment of any rights under any Deliverables as provided hereunder, Manufacturer hereby irrevocably designates and appoints Jiga and Jiga’s duly authorized officers and agents as Manufacturer’s agents and attorneys-in-fact to act for and on Manufacturer’s behalf and instead of Manufacturer to take all lawfully permitted acts to further the filing, prosecution, registration, memorialization of assignment, issuance and enforcement of rights in, to and under the Deliverables, all with the same legal force and effect as if executed by Manufacturer. The foregoing is deemed a power coupled with an interest and is irrevocable.

 

  1. Any assignment of intellectual property rights hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights“). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is permitted by the laws in the various countries where Moral Rights exist, Manufacturer hereby waives such Moral Rights and consents to any action of Jiga that would violate such Moral Rights in the absence of such consent.


  1. Use Restrictions. Manufacturer 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. 


  1. Confidential and Proprietary Information. Manufacturer’s use of Confidential Information (as defined in Exhibit A) shall be governed by the terms set forth in the Non-Disclosure Agreement attached hereto as Exhibit A (“NDA“). Customers may request that Manufacturer sign a separate non-disclosure agreement (“Customer NDA“) as a condition to engaging Manufacturer. Any such Customer NDA shall be between the Customer and Manufacturer exclusively and Jiga shall not be a party to, nor shall it bear any liability regarding any Customer NDA.


  1. Disclaimers and Disclaimer of Warranty


  1. All information and content posted on the Platform is for informational purposes only and Jiga provides no guarantees with respect thereto. Manufacturer’s use of the Platform is at its sole discretion and risk. The Platform and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. Jiga Does not represent or warrant that Platform will be of good quality or useful to the Manufacturer’s needs. 


  1. JIGA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. JIGA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM; (II) THAT THE PLATFORM WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM. 


  1. No advice or information, whether oral or written, obtained by Manufacturer by Jiga, shall create any warranty that is not expressly stated in these Terms. Reliance on such information is at Manufacturer’s sole risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply.


  1. Limitation of Liability


  1. Jiga is not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Platform. Under no circumstances shall Jiga be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s property, including mobile device or computer, resulting from the conduct of any users of the Platform, whether online or offline. 


  1. IN NO EVENT SHALL JIGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU, MANUFACTURER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH MANUFACTURER’s USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT JIGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL JIGA’S MAXIMUM CUMULATIVE LIABILITY TO THE MANUFACTURER EXCEED US$50.


  1. Indemnification. Manufacturer agrees to indemnify, defend, and hold harmless Jiga and its 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 Manufacturer or anyone using its account (if applicable) and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from Manufacturer’s use or attempted use of (or inability to use) the Platform; (c) Manufacturer’s violation of any law or regulation or any of its obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which Manufacturer is subject; (d) Manufacturer’s infringement of any right of any third party; and (e) any other matter for which Manufacturer is responsible hereunder or under applicable law. 


  1. Miscellaneous. 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. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between the Manufacturer and Jiga or enables you or Manufacturer to act on behalf of Jiga. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Jiga and Manufacturer pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. Jiga may assign and/or transfer its rights and obligations hereunder to any third party without prior notice. Manufacturer may not assign and/or transfer any of its rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice hereunder, we may provide such notice to the contact details provided upon registration.


Last updated: June 2021

Exhibit A: Non-Disclosure Agreement


This Non-Disclosure Agreement (“NDA“) forms an integral part of and is subject to the Jiga Terms of Service to which it is attached (“Terms“). Capitalized terms not otherwise defined herein shall have the meaning given to them in the Terms.


Whereas, Manufacturer may have access to certain Confidential Information (as defined below) of Jiga or its Customers in the course of providing the Manufacturing Services. 


Whereas, reference to Jiga in this NDA also includes, to the extent applicable, each of its affiliates and professional advisors; and 


Whereas, the parties recognize that there is a need to protect Confidential Information of Jiga and its Customers disclosed to Manufacturer from unauthorized use and disclosure.


Now, therefore, in consideration of the foregoing, Jiga and Manufacturer mutually agree as follows:


  1. Confidential Information. For the purposes of this NDA, “Confidential Information” shall mean all information in any and all medium that has or may be disclosed by Jiga or its Customers to Manufacturer, including, without limitation, data, data structure, data format, technology, source code, know-how, inventions, discoveries, designs, processes, techniques, methods, performance characteristics, testing strategies, formulations, models, equipment, algorithms, software programs, patents, patent applications, trademarks, copyrights and other intellectual property, and information relating to the same, plans, documents, specifications, information concerning research and development activities, and/or trade, industrial, and business secrets, as well as confidential commercial information such as investments, investors, employees, customers, suppliers, marketing plans, etc., all the above – whether documentary, written, oral or computer generated. Confidential Information will also include information disclosed by Jiga or its Customers, which relates to current, planned or proposed products, licensing or sales activities, policies, practices, finances, revenue, pricing, cost or profits, marketing and business plans, forecasts, projections and analyses, financial information, customer information and third-party confidential information. Confidential Information disclosed in non-tangible form will be summarized in writing within 30 days of such disclosure in order to qualify as Confidential Information. Confidential Information shall also include any information about or provided by Customers, including the designs, prototypes, and/or final products of any product or part to be manufactured by Manufacturer as part of the Manufacturing Services. Jiga shall determine at its sole discretion what information and materials it shall disclose to Manufacturer. The terms of any orders placed through the Platform and specifications contained therein, shall be considered Confidential Information.


  1. Third Party Information. Manufacturer recognizes that Jiga received and will receive confidential or proprietary information from third parties, including but not limited to Customers, subject to a duty on Jiga’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. In connection with such duties, such information shall be deemed Confidential Information hereunder, mutatis mutandis


  1. Exceptions. For the purposes of this NDA, Confidential Information shall not include any information which, as evidenced by written records: (a) is already known to Manufacturer or is publicly available at the time of disclosure and Manufacturer so advised Jiga immediately at the time of disclosure; (b) enters the public domain after disclosure through no act or failure to act on the part of Manufacturer; (c) is disclosed to Manufacturer by a third party who is not in breach of any obligation of confidentiality; (d) was or is independently developed by Manufacturer, as evidenced by written records without the use of or reference to the Confidential Information; or (e) is disclosed pursuant to a court order, provided, however, that prior to any such disclosure, Manufacturer shall (i) assert the confidential nature of the Confidential Information to the court; (ii) immediately notify Jiga in writing of the court’s order or request to disclose; and (iii) cooperate fully with Jiga in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. Notwithstanding the above, in the event of a reliance on any of the above examples for the purposes of a permitted disclosure by Manufacturer in accordance with the terms of this NDA, the burden of proof shall always be on Manufacturer to prove that such disclosure did not include Confidential Information or was otherwise permitted in accordance with the terms of this NDA.


  1. Obligations. Manufacturer agrees that it shall hold all Confidential Information in strict confidence and that it shall take all steps to safeguard the Confidential Information with a high degree of care, including, without limitation, those steps it takes to protect its own Confidential Information of a similar nature. Without derogating from the generality of the foregoing, Manufacturer hereby agrees to conspicuously mark any copy of Confidential Information in its possession as confidential and proprietary to Jiga and take all necessary precautions and steps to prevent anyone from obtaining access thereto. Except as otherwise expressly agreed in writing by Jiga, Manufacturer shall not (a) use, copy or reproduce the Confidential Information, except as necessary for the provision of Manufacturing Services; (b) exploit the Confidential Information for its own benefit or for the benefit of anyone other than Jiga or Customer, without the prior written consent of Jiga; (c) disclose or otherwise provide any Confidential Information to any third party without the prior written consent of Jiga; or (d) alter, reverse engineer, decompile, disassemble or otherwise modify the Confidential Information.


  1. Permitted Disclosures. Manufacturer may disclose Jiga’s Confidential Information solely to its employees and professional advisers with a bona fide need to know such Confidential Information, but only to the extent necessary to provide the Manufacturing Services and only if such employees and advisers are advised of the confidential nature of such Confidential Information and the terms of this NDA and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such Confidential Information which is at least as stringent as the terms of this NDA and where Manufacturer will still be held responsible for any such breach of this NDA.


  1. Return of Confidential Information. Upon the expiration or termination of the Terms or at the earlier written request of Jiga, Manufacturer shall return to Jiga or, subject to Jiga’s written instructions, destroy and certify destruction of, all Confidential Information in tangible form in Recipient’s possession.


  1. Term and Termination. Manufacturer’s obligations with respect to Jiga’s Confidential Information shall survive any expiration or termination of the Terms.


  1. No Implied License or Rights. Manufacturer shall not acquire any rights in the Confidential Information. This NDA grants Manufacturer no license to the Confidential Information, either directly or by implication, estoppel or otherwise. For the avoidance of doubt, this NDA shall in no way bind Jiga or constitute any form of commitment on the part of Jiga towards Manufacturer outside the framework of this NDA even with respect to the provision of Manufacturing Services and shall in no way obligate Jiga to enter into any additional agreements or to continue any agreements (whether written or oral) with Manufacturer. The Confidential Information disclosed under this NDA is delivered “as is” and Jiga makes no representation of any kind with respect to the accuracy of such Confidential Information or its suitability for any particular use. No disclosure of Confidential Information constitutes any representation, warranty, assurance, guarantee or inducement by Jiga to Manufacturer with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any other rights of third persons.


  1. Additional Remedies. Since unauthorized disclosure or use of Confidential Information will diminish the value of the proprietary interests that are the subject of this NDA, if Manufacturer breaches any of its obligations hereunder, Jiga may be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages.


  1. General. This NDA shall be construed and interpreted in accordance with the general provisions of the Terms, including, without limitation, with respect to notices, governing law and jurisdiction, and interpretation.