Terms

By Using JKonFX.com You Accept these Terms

Last updated: 23 Feb 2016

We think honesty and transparency is the best way in every situation. So, in layman's terms here’s what we're about in plain English. Our JKonFX.com platform is the result of extreme coffee consumption and frequent late nights. So, these Terms and Conditions (“Terms”), alongside our Privacy Policy, are the Agreement between JKonFX.com and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“JKonFX.com” or “We”) and you (“You” or the “User”). Our Terms outline your use of the JKONFX.COM web site (the “Site”), the JKONFX.COM web application and/or JKONFX.COM services (collectively, the “Service”). By using us, you have acknowledged and agreed to these Terms, so we advise you read them carefully.

JKONFX.COM reserves the right to update these Terms from as required, without notice and any amendment will become part of these Terms from the date of amendment. To remain up to date with our Terms, please ensure you read them regularly. If you do not agree to our Terms or our Privacy Policy, please refrain from using our Service. Additionally, if You have any questions about them, please contact JKonFX.com at support@jkonfx.com.

Service Communication

You understand and agree that JKonFX.com may send You correspondence in relation to your account and/or the Service. Hey, we just need to keep you updated!

Accounts, Passwords, Security

You must be a registered User to access the Service. Your password is set by yourself and You are responsible for keeping it secure, please don’t give it out to others. With this in mind, You are responsible and hold liability for all activity that occurs under Your user name, in Your account. You also agree not to access, or attempt to access, another User’s account(s) and/or data. We don’t want important data falling into the wrong hands.

User Conduct

You as a User are responsible for Your own data and for Your own use of the Service. You acknowledge and agree that the Service must only be used for lawful purposes. You are strictly prohibited to store, transmit, distribute or create any material that violates any applicable laws or regulations. This is including, (but not limited to) intellectual property, copyright, trademarks; confidential data or any other information without the express permission of the owner; and/or obscene, defamatory, threatening, illegal or anything in violation of export control law. Controversial use of the Service is a violation of these Terms and may result in JKonFX.com terminating Your account. You may also be subject criminal and/or civil liability.Please respect our rules and stick to them.

Fees

Our Users are billed on a rolling basis which is based on the subscription plan that the user chooses during the signup process. We reserve the right to change the pricing at any time by either increasing or decreasing the amount. Users who are already on a plan will not be charged anymore or less, unless they change their own subscription plan which can be found in the user's account settings.

If a user decides to change to another plan, they can do so at the end of The billing amount will be increased to the new subscription plan as advertised. If the user wishes to downgrade their subscription plan, the user must remove all projects and constraints from within the user's account and then downgrade. They will be billed for the rest of the billing month at the higher subscription plan rate.

Users with a subscription on the highest tier will have the subscription plan rate as the based cost. Any additional projects that are created above the threshold limit will automatically added to the total billing amount on the current billing cycle. Users may add as many projects as they wish on the highest subscription tier.

You can make advance annual or periodic payments. Advance and/or periodic payments are not refundable should you wish to cancel your use of the Service for any reason. At the end of each one-month term, Your contract will be automatically renewed until You exercise your right to cancel it. This can be done up to one hour before the end of the contract term for us to process the request and ensure that You are not billed for an extra month.

If we are unable to bill a user's payment card, we will notify the user that they need to update their card details on the website, otherwise they risk loosing the data that they have stored. We will attempt to bill the user for three consecutive days. At the beginning of the fourth day, we will disable the user's account for up to three more days. After this point, we will schedule the user's account project data to be deleted. The project data from within the account will not be able to be retrieved by us or the user for security reasons. The user's account will remain in our database for our accounting purposes. The user may wish to reactivate their account at a later date with no associated projects.

Chargeback Policy / Refunds

JKonFX.com will not issue cash refunds. Any questions You have in relation to charges made to Your account, please contact JKonFX.com at the earliest convenience on supprt@jkonfx.com. We maintain that if charges were made in error, JKonFX.com will credit your account with the appropriate sum, however JKonFX.com operates a zero tolerance policy for chargebacks. Please understand that any user who disputes a credit card payment that is found to be valid will be permanently banned from using the Service and costs incurred to JKonFX.com will be sought from the User.

Referrals

A JKonFX member can refer new members to the site using their unique ID. Credit is applied to the referring user's account upon a successful transition of the referrals trialing, to paying their first invoice. The referrer can accumulate credit which is deducted off their own membership invoice(s) up until the credit amount has been reset to zero. A referrer is not allowed to refer themselves, create multiple accounts or try to deceive the system into giving excess credits. We reserve the right to suspend the referral system for a user if they abuse the system or ban them entirely if they persist.

Once a user reaches 100 successful referrals, they will receive a complimentary JKonFX PRO membership, free for life. This membership is not transferable to another person or business.

The referral system does not pay out a cash sum. Any 'credit' in your JKonFX.com account cannot be used for any other payments to third parties.

Deleting/Removing Actions

Through out the website we provide options to "delete", "destroy", "clear" or "remove" data or similar related actions. They are red buttons so they are clear. If a user chooses to click one of these buttons, the user will be prompted for confirmation (we know people sometimes press buttons they don't mean to). If the user accepts the confirmation "Yes" or "OK", all of the associated data within the object will be permanently deleted and cannot be retrieved. This is for the user's peace of mind that if they want to remove some data, it really will be removed. We do keep some interim backups of data but this is only available for side wide issues such as hardware failure and corrupt data. See Backing Up for more details.

Backing Up

We will securely backup our database and filesystem on a regular basis. We will only perform a restoration from a backup in the event of a hardware failure or data that has been corrupted and no longer retrievable. We will not perform restorations of projects for users in the event that they delete their projects or data. We keep a maximum of 10 backups which are archived. When a new backup is created, the eldest backup from the 10 is then deleted. Within 10 cycles.

Data We Keep

If a user decides to cancel their account, we will keep data any billing information associated with the account so that can process our own account information.

DISCLAIMER OF WARRANTIES

REMEMBER OUR IDEAS ABOUT TRANSPARENCY? UNLIKE MOST DISCLAIMERS, WE THOUGHT WE’D PUBLISH THIS IN UPPERCASE. USERS OF JKONFX.COM USE THE SERVICE AT THEIR OWN RISK. JKONFX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. WE ENDEAVOUR TO KEEP THE SERVICE BUG-FREE AND SECURE, BUT JKONFX.COM CANNOT ENSURE CONTINUOUS, ERROR-FREE, VIRUS-FREE, SECURE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO MAKE ANY CLAIM BASED ON CENTRAL VENTURE’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. TO REITERATE, YOU USE THE SERVICE AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND THUS, THE FOREGOING DISCLAIMERS MAY NOT BE APPLICABLE. IF YOU LIVE IN A JURISDICTION THAT REFUSES ENFORCEABILITY OF THE FOREGOING DISCLAIMERS, JKONFX.COM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

JKONFX.COM HOLDS NO LIABILITY TO THE USER OR ANY THIRD PARTIES FOR DAMAGES, INCLUDING (BUT NOT LIMITED TO) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USERS UNDERSTAND AND AGREE THAT JKONFX.COM REQUIRES VOLUNTARY ENGAGEMENT IN INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR MACHINE OR DATA THAT RESULTS FROM SUCH ACTIVITY. UNDER NO CIRCUMSTANCES WILL JKONFX.COM HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORISED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

IF THE USER RESIDES IN A JURISDICTION THAT DOES NOT RECOGNISE THE ENFORCEABILITY OF THE FOREGOING PROVISION, JKONFX.COM’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT OUTLINED BY THE LAW OF THAT LOCAL JURISDICTION.

Indemnification

You agree to indemnify, defend and hold harmless JKonFX.com from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You and third parties that Your data or Your use of the Service causes violation or misappropriation to any of their Intellectual Property Rights or discloses their Proprietary Information.

Termination of Service

JKonFX.com reserve the right to terminate Your account at any time and for any reason as permitted by law. To this end, We may remove accounts and content (in our discretion) to be unlawful, damaging, threatening, defamatory, offensive, obscene material. In this event, You will lose all data related to Your Account. Accounts terminated by JKonFX.com are not be stored for any reason and will be fully terminated from JKonFX.com’ servers. In the event that You may terminate Your account before the paid term has expired, JKonFX.com will not issue any refunds of monies paid.

Intellectual Property

You acknowledge and agree that JKonFX.com owns all right, title and interest in and to the Service, including (without limitation) all intellectual property rights. You understand and agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create plagiarised or derivative works from the Service.

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

Special Admonitions for International Use

Considering the worldwide nature of the Internet, You will comply with all local applicable laws regarding the transmission of data or information exported from the country in which you reside.

Dispute Resolution by Arbitration

YOU UNDERSTAND AND AGREE THAT ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE RESOLVED IN A FINAL AND BINDING ARBITRATION, except where: (a) either party may seek injunctive relief concerning infringement, misappropriation or other violation by either of us of the other party's Intellectual Property Rights, and (b) JKonFX.com may seek injunctive relief concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, YOU AND JKONFX.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM. THIS INCLUDES ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Choice of Law

You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of England and Wales.