JIT TERMS OF SERVICE
Last updated: July 27, 2023
This is a short, informal summary of Jit's full Terms of Service set out below (these "Terms"). It is not a substitute for reading the entire Terms of Service - you must do that and agree with all the details before you use our website located at https://www.jit.io/ (the "Website") or any of the Services.
Jit, Inc. and its corporate affiliates (“Jit”, "Company","We", "Us" or "Our”) operate the platform, the Services and Website. Please read and agree to these Terms before your use of either.
For paid Accounts, You’ll be charged on a yearly basis, subject (as applicable) the specific order form between You and Jit incorporating these Terms by reference (each, an "Order"), the Website or in your agreement with the applicable reseller, should you subscribe to theServices via a third party reseller or online marketplace. You can cancel anytime, but there are no refunds. The Source Code and Content that You provide to us is solely owned by You and You’re responsible for keeping it safe.
We may change these Terms, the Services, and our prices at anytime in accordance with these Terms.
If You have any question about these Terms, please contact us at email@example.com.
Your Agreement with Jit
If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.
1. Additional Definitions
1.1. "Account" means an online account registered by You (including via SSO) for the purpose of using the Services.
1.2. "Additional Services" means Services that You purchase, as distinguished from the Services which are provided for free and may include premium services and functions. Company may, at its discretion, decide that Services which have heretofore been available without charge shall become Additional Services, and such change shall become effective upon posting on Company's website as set out in Section 14.2.
1.3. "Content" means any files, data, material and information submitted, uploaded and stored by You through theService, excluding the Source Code.
1.4. "Fees" shall mean any fees charged by Jit from Customer under these Terms or an Order.
1.5. "Open Source" mean open source, copyleft or community source code (including but not limited to any libraries or code, software, technologies or other materials that are licensed or distributed under GPL, LGPL, Apache, MIT or similar license arrangement or other distribution model described by the Open Source Initiative at www.opensource.org.
1.6. "Platform" means Company's DevSecOpsOrchestration platform offered through Company's proprietary technology as hosted on a third party cloud service.
1.7. "Services" means any applications, products, services (including any Additional Services, to the extent applicable), documentation, and software made available through the Platform.
1.8. "Source Code" means any source code that is provided by You to Jit in connection with the Services.
1.9. "Third Party Services" means any service, products, software or application that is provided by a third party and interoperates with a Service. Such Third Party Services may be offered via a dedicated website.
1.10. "User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to:
1) Your contact and payment information, including email addresses and credit card or other payment remittance information - You are responsible to ensure that payment information that is exchanged between you and your clients is not transmitted over the Platform;
2) statistical data, device generated reports and audit logs;
3) settings, preferences chosen, and resource usage,
4) free text submitted by You, and screen recordings sessions.
1.11. "You" or "Customer"means the individual accepting these Terms or the company or other legal entity and its affiliates on which behalf You are accepting these Terms.
2. Your Account with Jit
2.1. You must be human. Registration to an Account via automated methods is forbidden.
2.2. You may use the Services only if You are 18 or older.
2.3. If you use the Services on behalf of another individual or entity, you must have the authority to accept these Terms on their behalf.
2.4. You are not permitted to use or access the Services if legally prohibited to do so under the laws of any jurisdiction, including the country in which You are resident or from which You use the Services.
3. Account Registration
3.1. Establishing an Account. You must register and establish an Account (currently, solely through SSO) in order to use our Services. Following the initial registration of an account, you will have the ability to access the Platform and use the Services solely for the purpose of your internal business activity.
You can register an Account via single sign-on ("SSO") by logging into your account with certain third-party service accounts, including GitHub and Google (each such account, a "Third-PartyAccount"), as described below. As part of the functionality of the Services, You may link your Account with Your Third-Party Accounts, by either: (i) providing Your Third-Party Account login information to the Company through the Services; or (ii) allowing the Company to access Your Third-PartyAccount, as permitted under the applicable terms and conditions that govern Your use of each Third-Party Account.
By registering an Account through SSO, You represent that you are entitled to disclose your third-party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers.
3.3. Account Information. You must safeguard and not disclose your Account username and password (if any) and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an account. You agree to keep your Account information up to date and accurate. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
3.4. [Administrator. When you initially register for and create an account, You are, or a party that You authorize is the Account administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same Account ("Users"). Users may include, for example, your employees, contractors and agents. These Terms apply to any User of the Services.
3.5. Access Rights. The Administrator is responsible for Users’ access to the Services. Depending on the types of access rights the Administrator grants to Users, Users may be able to delete, copy, or view the Content and data accessible in Your Account and subscribe or unsubscribe to additional services. The Administrator is solely responsible for the access to the services granted to Users. It is the Administrator’s sole responsibility to add or remove access rights to Users. We are not responsible for the internal management or administration of the Services, and You are solely responsible for Users’ compliance with these Terms. A violation of any provision of these terms by a User may result in the termination of an Administrator’s or any User’s access to the Services. If you choose to close or terminate your access to a Service or Additional Service, Users will no longer be able to access such services or any of the Content within such Service.]
3.6. Communications. Company may from time to time send you communications, unless you have opted not to receive them.
3.7. Deletion of Account. You may delete your Account at any time. Any Content and other information and data entered into the Platform though the Services may be permanently deleted if you delete the Account.
4. Your Content, Source Code and Storage
4.1. Customer's Ownership. You shall be and remain the exclusive owner of the content and Source Code and are solely responsible for protecting those rights. Jit shall not be liable if You fail to configure, or misconfigure, Your project and inadvertently allow unauthorized parties to view any Source Code or Content.
4.2. License to Content and Source Code. You grant us a worldwide, non-exclusive license to host, copy, process and use your Content (for the purposes of this Section, including the Source Code) shared with us as required in order to provide you with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content provided through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of supporting You in your use of the Services.
4.3. Storage and Backup. As part of our Service given to you, we will store your Content for as long as your subscription runs (subject to any specific term set out in an Order) and as long as you will not request to delete your content. Nevertheless, we highly recommend that you backup your Content by yourself to avoid any damages or loss, as we take no obligations to backup your content whatsoever. For the avoidance of doubt and in any event, Jit will not be liable for any loss of Content or any of your data caused by errors or misfunction on the storage and backup process. We will not be liable for any loss or damages resulting from unintentional deletion of Content.
4.4. Use of Data. Company may collect User Data, and You hereby grants Company permission to collect UserData available on the Platform and to use such User Data to improve thePlatform performance and functionality and improve services and support to company customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing.
Company may further use User Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; (iv) to enforce/protect the rights and properties ofCompany or its affiliates or subsidiaries; or (v) with the prior informed consent of the data subject about whom the personally identifiable information pertains.
5. Customer License; Customer Obligations and restrictions
5.1. Customer License. Subject to Your compliance with these Terms and any Order, Jit grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Services and Platform, solely for Your internal business purposes.
5.2. Customer Obligations. You agree to do each of the following in connection with Your use of the Services: (i)comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control; (ii)pay the Fees for the Services, if applicable, when due; (iii) use reasonable security precautions for providing access to the Services by your Users, clients or other individuals to whom You provide access.
5.3. Restrictions. You may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy theServices or Platform; (e) reverse engineer or decompile the Services, extract their source code, attempt to do so, or assist anyone in doing so; (f)copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, (g) use, copy, modify, create a derivative work of or imitate any feature, function or part of the Services to develop a competing service or product or scan any security vulnerabilities in the Service; (h) engage in any activity that disrupts or interferes with the Services or Platform's operations;(i) represent that You possess any proprietary interest in Platform, Services, or any part or derivative thereof; (j) directly or indirectly, take any action to contestCompany's intellectual property rights or infringe them in any way; (k) except as specifically permitted in writing by Company, use the name, trademarks, trade-names, and logos of Company; (l) remove the copyright, trademark and other proprietary notices contained on or in thePlatform, Services, Products or documentation; (m) take action, directly or indirectly, to register Company trademarks (or their variation), domain names, or copyrights in its own name; r (i) share the Account with multiple people or otherwise access the Services in a manner intended to avoid incurring Fees.
We reserve the right to enforce quotas and usage limits to any Services or resources, including any Company API, at our sole discretion, with or without notice, which may result in us disabling or throttling your usage of the Services for any amount of time.
6. Fees and Payment
6.1. Charges. The Services, other than AdditionalServices, is made available to you free of charge (subject to Jit's rights to modify any Fees as set out under the Terms). We may charge you for Additional Services. If we charge any fees for Additional Services, the charges for such Additional Services, and any terms and conditions applicable thereto will be detailed in the applicable online description of such Additional Services or in your Order with Jit, as applicable.
6.2. Payment Terms. You will pay, and You authorize Company or the Company's resellers or vendors (as applicable) to charge using your selected payment method for all Fees with respect to Services and Additional Services subscribed to by You. Fees are non-refundable except as required by law. Charges will be made either in advance or in arrears as provided in the additional terms or Order applicable to Additional Services, and either annually or any other billing frequency offered by Company or its applicable reseller or vendor and selected by You.
6.3. Auto-Renewal and Cancellation. Subject to any Order, we will automatically renew your subscription to any Additional Services for the same subscription period. To cancel such automatic renewal, you must unsubscribe to such Additional Service at least 10 days prior to the end of the applicable subscription period, or as otherwise stated in the online description of the Additional Services or in an Order. Cancellation will take effect immediately and you will not be charged again.
6.4. Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information. Billing may be performed by a third party service provider of Company.
6.5. Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use tax and any other similar charges. We will charge tax if we are legally required to do so. You will be responsible for payment of all such taxes, levies or duties.
7. intellectual propertyIntellectualProperty Rights, Feedback and Open Source
7.1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Jit and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of derivatives or their related intellectual property rights. These Terms do not convey to You an interest in or to Company’s intellectual property rights. Nothing in these Terms constitutes a waiver of Company’s intellectual property rights under any law.
7.2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
7.3. Open Source. If any of the Services is offered under an Open Source License, we will make the license available to You and the provisions of such Open Source License shall apply notwithstanding any provisions to the contrary under these Terms.
8. Other Products and Services
We may allow you to integrate your Account with or the Services may otherwise include ThirdParty Services. We will not be responsible for any act or omission of the third party that provides the Third Party Services, including such third party's access to or use of Content, and we do not warrant or support any Third party services. We do not endorse any advertising, products or other materials on or available from such third party resources. You retain sole responsibility for any collaborators or Third Party Service that you allow to view the Content or source Code and entrust them at your own risk. You shall be responsible for compliance with third party’s terms of service and privacy policies.
9. Copyright Policy
9.1. We respect the intellectual property rights of others, and we request others to do the same. In accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work.
9.2. If you believe that anything in the Services or Platform infringes any copyright that you own or control, you may file a notice of such infringement by providing the following information in writing:
1) identification of the copyrighted work that is claimed to be infringed;
2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services, with sufficient details so that we are capable of finding it and verifying its existence;
3) information for our copyright agent to contact you, such as your name, address, telephone number and e-mail address;
4) if you are not the copyright owner, a description of your relationship to the copyright owner.
5) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
6) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
7) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to: firstname.lastname@example.org.
9.3. A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
10. Data Protection and Privacy
11. Disclaimers of Warranties
THE SERVICES AND THE PLATFORM ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, NOR ANY CONTENT AVILABLE OR UNAVAILABLE THROUGH THE SERVICES. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY CLOUD HOSTING PROVIDERS. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
12.1. OTHER THAN FOR WILLFUL BREACH OF FRAUD, IN NO EVENT WILL JIT BE LIABLE FOR ANY (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, COSTS, EXPENSES, PAYMENTS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TOYOUR USE OR INABILITY TO USE THE SERVICES, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY COMPANY’SSTAFF OR ANYONE ACTING ON COMPANY’S BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIAL ORIGINATING FROM THIRD PARTIES, OR ANY COMMUNICATION WITH COMPANY OR WITH OTHER USERS IN CONNECTION WITH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You will indemnify, defend, and hold harmless Company, its affiliates, resellers, employees and agents (the "IndemnifiedParties") from and against all liabilities, damages, and costs(including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
14. Term and Termination
14.1. Term. Subject to any specific subscription term set out in an Order (including any specific renewal terms thereof), these Terms commence on the date you first accept them by any of the methods set out in the paragraph titled "YourAgreement with Jit" and will remain in effect until your subscription to the Services expires or terminates, or until these Terms are terminated.
14.2. Termination. You may stop using the Services at any time and we will delete your Account following such request. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms without any liability on our part. Upon termination of the Services, your Account will be terminated and will no longer be able to access the Account on the later of: (i) the date Jit received your notice of termination; or (ii) the end of your current billing cycle, provided you paid the applicable Fees.
14.3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, Sections 7, 11, 12, 16 and 17 will survive the termination or expiration of these Terms.
15.1. We may amend these Terms from time to time by posting a revised version on the Company's website showing the date of such modification.
15.2. We may change any Services from time to time, with or without prior notice to You.
15.3. Notwithstanding the above, we’ll notify You by email or through an in-product notice 21 days in advance of any changes to the Terms or Services materially and adversely affecting your rights and obligations under these terms (other than changes to Services offered free of charge, which will become effective immediately).
15.4. We may change our fees and payment policies for the Services and Additional Services by notifying You at least 21 days prior to the start of the billing cycle in which such change will take effect.
15.5. Jit shall not be liable to You or to any third party for such changes to the Terms or Services.
15.6. By continuing to access or use the Services, You agree to such modification.
These Terms (and Your applicable Order with it) shall be governed and construed in accordance with the substantive laws of the State of New York, without regards to their conflict of law principles, and be subject to the exclusive jurisdiction and of the competent state and federal located in the state of New York. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
17.1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the EntityList, or the List of Specially Designated Nationals.
17.2. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
17.3. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
17.4. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
17.5. Entire Agreement. These Terms (and your Order(s) with Jit, as applicable)contain the entire agreement between Company and You relating to your use of the Services and supersedes any and all prior agreements between Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms or in your Order with Jit, as applicable.
17.6. Assignment. You may not assign your rights or delegate your obligations under these Terms without Company’s prior written consent. Any purported assignment contrary to this section will be null and void. Company may assign its obligations hereunder among the various entities within the Jit group, by a change to the definition of Company hereunder which change will become effective upon posting on the Platform website.
17.7. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Administrators or Users are not third-party beneficiaries to your rights under these Terms.