Terms of Service

1. Acceptance of terms.

   The following agreement outlines your obligations when using the Cyberjin website available at https://www.Cyberjin.com/, https://wiki.Cyberjin.com/, https://docs.Cyberjin.com/, https://support.Cyberjin.com or any other websites of Cyberjin LLC or its subsidiaries (collectively, “Cyberjin” or “Provider”), (each a “Site”). The Site is owned and operated by Cyberjin, and is accessed by you under the terms of service described below (“Terms of Service”).

2. Commercial Clients.

   These Terms (along with any Order Forms, the “Agreement”) by and between Cyberjin and (“Client”) constitute a legally binding agreement made effective as of the corresponding Order Form. By executing this Agreement, Client agrees to the terms set forth in this Agreement and any Order Form referencing it, as governing the Parties’ relationship. Cyberjin and Client may each be referred to herein as a “Party” and collectively, as the “Parties.”Please read these terms of service carefully before accessing or using the site or any content on the site. By accessing the site or any content on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Cyberjin’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Cyberjin, acceptance is expressly limited to these terms.

3. Definitions.

   1. "

      Contributor Data

      " is the database of personal information owned and operated by Cyberjin, from which it licenses Output Data to Client and from which it licenses similar data to other Provider clients.
   2. "

      Submitted Data

      " is the set of personal information (such as name and title, email address, or telephone number) that Client provides directly to Cyberjin in order to receive the Service. Submitted Data does not include Output Data or Delivery Metadata. Submitted Data is not packaged and sold to other Clients. It is accessible only to Client and Cyberjin. Submitted Data may become Contributor Data if individual users (not the client) contribute the same.
   3. "

      Delivery Metadata

      " means information collected by Cyberjin in the course of delivering emails and other communications (including without limitation information about deliverability and system operations).
   4. "

      Output Data

      " is the information that Cyberjin delivers to Client, exclusive of the Submitted Data.
   5. "

      Order Form

      " is any designated Order Form, SOW, or other Order documentation that accompanies, references, or is referenced in this Agreement.
   6. "

      Service

      " includes the Output Data and any accompanying or related infrastructure, technology or analytics, including any services described in an Order Form.

4. Modification of terms of service.

   Cyberjin reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Cyberjin will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Cyberjin’s sole discretion, in good faith, and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

5. Content ownership and usage rights.

   Cyberjin shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by Cyberjin, or a third party who licensed the right to use such content to Cyberjin. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that Cyberjin uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Cyberjin, except as provided in the Terms of Service, without prior written consent or otherwise permitted by relevant law.

6. Use of Software.

   To the extent that Cyberjin provides for the download of Cyberjin software from the Site and any information or documentation related thereto (collectively “Software”), such Software is protected by the applicable copyright, patent, or other intellectual property rights of either Cyberjin or the third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or other license terms contained in the files for such Software. You are permitted to use the Software for your personal, non-commercial use or legitimate internal business purposes related to your role as a contractor of Cyberjin, partner of Cyberjin, or current or prospective customer of Cyberjin. As between the parties, Cyberjin solely shall own and hereby retains all rights, title and interest in and to the Software (including, without limitation, all patent, copyright, trademark, trade secret, and other intellectual or industrial property rights embodied in the Software). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law expressly prohibits such a reverse engineering restriction or to the extent the specific Software was provided in source code form by Cyberjin).

7. Client’s Account.

   Client must set up an account in order to access most aspects of the Service, including in most cases to provided Submitted Data or to receive Output Data. Client agrees to provide correct account information (such as name and email address) and make best efforts to ensure that Provider has Client’s most up to date contact information, in the event Provider needs to contact Client or deliver any important notices. Client is responsible for maintaining the security of Client’s account information, such as Client’s username and password, and for restricting access to Client’s computer and other devices; Client is liable for any activity occurring through Client’s account. Provider therefore strongly recommends changing Client’s password periodically, and that Client not share Client’s password or account credentials with anyone else.

8. Subscription Services - Order Form.

   The Parties shall enter into one or more Order Forms. which are in any event governed by this Agreement. The Order Form(s) will set forth the payment requirements and subscription details, e.g., a month-to-month payment, quarterly or annual subscription. Payment methods are as follows (which may be set forth in greater detail in the Order Form):
   1. Client may purchase a subscription (for the term set forth in an applicable Order Form, e.g., monthly, quarterly, or annual), in which case payment must be in advance of receipt of Output Data except as otherwise set forth in an Order Form.
   2. Client likewise may purchase “credits,” as set forth in further detail in an Order Form, which do not expire at the end of the term designated in the Order Form. For avoidance of doubt, unused credits roll over to the next or renewal term.
   3. Client is responsible for all sales and use taxes associated with the Service.

9. Subscription Services – Renewal.

   The initial Term of this Agreement is one year. The Agreement will renew for consecutive one-year terms (each a Renewal Term) on the anniversary date of the Effective Date, provided that either Party may terminate this Agreement at any time upon thirty (30) days written notice, for any reason or no reason. (As set forth above, no refunds for pre-paid Service shall be given.) An Order Form may be subject to a different term than the foregoing, as may be set forth in each Order Form (which does not modify the foregoing).

10. License Grants.

    Provided Client is and remains in compliance with all provisions in this Agreement (including all payment obligations), Client is hereby granted a term-limited license to use the Service and a perpetual right to use the Output Data, in each case for (and solely for) Client’s personal and/or Client’s internal business purposes, subject to the prohibitions and restrictions herein, as well as a license to store, print or make a copy of Output. Client in turn grants to Provider a perpetual license to access, store, display, use, sub-license, distribute, add to its Contributor Database, and create derivative works from the Submitted Data.

11. License Restrictions.

    Client agrees that except as otherwise expressly permitted in an Order Form:
    1. Client will not resell, distribute or sub-license the Output Data, or any functionally similar or equivalent version of the Output Data.
    2. Client will not develop any service, product, toolset, dataset, or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
    3. For avoidance of doubt, Client may contact Provider if it wishes to do the foregoing, in which case the Parties in their discretion may enter into a separate agreement permitting resale.)
    4. Client may obtain Output Data solely through the APIs and interfaces provided by Provider. Client shall not use any independent manual or automated extraction methods, “scraping” or bots in order to obtain the Output Data.
    5. Client will not use the Output Data:
       1. In a manner that violates any applicable law (federal, state or local),
       2. To promote any illegal service or product,
       3. To promote tobacco, firearms, adult content, unlicensed gambling, hate speech, or to harass, libel, or defame any person or entity,
       4. To violate or promote any violation of any entity’s intellectual property rights,
       5. To promote or commit fraud, or to violate any entity’s rights, or
       6. In a manner that constitutes unlawful “spam” or impermissible email marketing.
    6. To the extent that resale, distribution, or sub-licensing (“re-licensing”) rights are granted in an Order Form, Client shall ensure that such re-licensing is done subject to a customer agreement that contains material terms at least as protective (to Provider) and restrictive (to its customer) as is this Agreement.

12. Proprietary Rights: What Provider Owns and What Client Owns.

    1. As between Client and Cyberjin, all right, title and interest in and to any Submitted Data are owned by the Client, subject to the licenses and permissions granted herein.
    2. As between Client and Cyberjin, all right, title and interest in and to the Service (including the Output Data, the Contributor Database and the Delivery Metadata), including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with the Service, are owned by Cyberjin. For instance, Provider owns any design or product features inherent in the Service, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way Provider have create, provide, display or make available the Service. The Cyberjin names and logos are trademarks of Cyberjin, and may not be copied, imitated or used, in whole or in part, without Provider’s prior written permission.

13. Warranty disclaimers.

    Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Cyberjin makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. User accesses this site at their own risk. The site and all content On the site are provided on an “as is, as available” basis without Warranty of any kind and any and all warranties of merchantability Or fitness for a particular purpose or non-infringement are Specifically disclaimed. Neither Cyberjin nor its affiliates, Employees, agents, or third-party content providers shall be liable For any loss resulting from use or unavailability of information or Content on this site, including but not limited to any lost profits, Loss or damage to data, or any direct, indirect, special, Consequential, compensatory or incidental damages, even if they have Been advised of the possibility of such damages. This disclaimer is Applicable to any damage or injury resulting from negligence or Omission of Cyberjin, computer virus or other similar item, Telecommunications errors, or unauthorized access to or use of user Information through theft or any other means. Cyberjin is not liable For criminal, tortious, or negligent actions or omissions of third Parties that affect this site. In no event will Cyberjin or any of Its affiliates, agents, employees, assigns, or third-party content Providers be held liable for any tortious or illegal conduct of Other users. In no event will Cyberjin or any of its affiliates, Agents, employees, or assigns be held liable for any damage to Equipment, hardware, or other property of the user or personal Injury that arises in connection with use of the site.

14. Linking and framing.

    Cyberjin does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of Cyberjin. The Site may provide links to other sites or resources available on the Internet. Because Cyberjin has no control over such sites and resources, you acknowledge and agree that Cyberjin is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cyberjin 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 or reliance on any such content, goods, or services available on or through any such site or resource.

15. Trademarks and trade name.

    The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of Cyberjin. Cyberjin’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to confuse.

16. Electronic communication.

    We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

17. Security.

    Users are prohibited from violating or attempting to violate the security of the site. Cyberjin will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

18. United States government rights.

    The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software”, “commercial computer software documentation” and “commercial services.” If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) the Software was developed fully at private expense and (iii) all other use of the Software except in accordance with the license grant provided above is strictly prohibited.

19. Dispute Resolution and Governing Law.

    This Agreement and the relationship between Client and Provider shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. Any claim or dispute either Party may have against the other must be resolved by a court located in Hillsborough County, Florida. Provider both agree to submit to the personal jurisdiction (and venue) of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes.

20. Termination.

    Legal notices to Provider (including but not limited to termination notices) must be sent to support@Cyberjin.com or 260 1st Ave S St. Petersburg, FL 33701. Cyberjin will send legal notices to Client via a method of Cyberjin’s choosing that is reasonably intended to provide such notice to Client, including without limitation via the Service or to the email or other address Client has provided to Cyberjin. If this Agreement terminates, Client will no longer be authorized to access the Site, dashboards, or the Service.

21. Miscellaneous.

    These Terms of Service constitute the entire agreement between users of the Site and Cyberjin, and regarding the subject matter hereof. If you breach any Terms, Cyberjin may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Cyberjin’s remedies are cumulative and not exclusive. Failure of Cyberjin to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. Any dispute arising out of the Terms shall be governed by the laws of Florida, notwithstanding any conflicts of law principles. Any action relating to the Terms must be filed and maintained in a court in the state of Florida, USA, and users consent to exclusive jurisdiction and venue in such courts for such purpose.