TERMS AND CONDITIONS OF SERVICE

TERMS AND CONDITIONS OF SERVICE

The terms and conditions of use govern the relationship between PT. JALA Digital Indonesia with its Customers in connection with the Services.

Please review these Terms of Use carefully. By signing the quotation, the Customer declares that Customer read, understood, accepted, agreed, and expressed his willingness to be bound by these terms of use. Suppose the person signing the cooperation contract is someone who works for the Customer (the 'Representative'). In that case, the Representative agrees to these Terms of Use on behalf of the Customer and warrants and represents that they are the Customer's authorized Representative and has all the necessary authority to act for and on behalf of the Customer, including deciding that these Terms of Use bind the Customer.

If the Customer disagrees with the Terms of Use but has signed a cooperation contract with JALA.ai, please immediately contact the JALA.ai support team to help find a middle way to make acceptable arrangements for the Terms of Use to the Customer.

By signing a partnership with JALA.ai to use this Service (as defined below), you expressly represent and warrant that you and your Representative are legally authorized to accept and agree to the Terms of Use and that you and your Representative are at least 18 years old. This Service (as defined below) is not available to persons under 18 (eighteen) years.

You acknowledge and agree that these Terms of Use constitute a valid agreement and bind you and JALA.ai under the laws of the Republic of Indonesia.

I. General requirements

1.1. These Terms of Use describe the provisions governing the Use of JALA.ai services provided to you, in the form of selling and delivering a software feature provided by the product or services by JALA.ai, including but not limited to:

  1. JALA Assistant Mobile Application ("Application");
  2. Access JALA Dashboard ("Site");
  3. Service updates, features, software, and other products and new releases that we may provide from time to time,

(hereinafter collectively referred to as the "Services").

1.2. You acknowledge and agree that JALA.ai may change the Terms of Use from time to time, and JALA.ai will notify the Customer of such changes via email or by providing a written message when the Customer uses the Service. If the Customer continues to use the Service after receiving the message, the Customer is deemed to have agreed to comply with the changes to these Terms of Use.

1.3. You acknowledge and agree that, from time to time, JALA.ai may add, change or remove all or part of the features or functions in the Service. Customers may install the latest version to accept the changes. JALA.ai may also decide to stop providing all or part of the Service at any time, and nothing in these Terms of Use can be used as a guarantee that the Application or any part of the Service will always be available, either in its current form. Or other conditions, and JALA.ai will continue to support, maintain or continue to offer the Services and Applications or any version thereof.

1.4. You acknowledge and agree that JALA.ai may offer unique features and promos with separate terms and conditions in addition to these Terms of Use ("Separate Terms of Use"). In that case, the Separate Terms of Use will apply if there is a discrepancy with these Terms of Use.

II. Service Use

2.1. Subject to these Terms of Use, JALA.ai hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license (unless explicitly stated in these Terms of Use) to install and use the Service.

2.2. You acknowledge and agree to use the Service only for purposes as permitted under (a) these Terms of Use; and (b) any applicable law, regulation, or generally accepted practice or guideline in the relevant jurisdiction.

2.3. You acknowledge and agree that you are not permitted to copy, modify, derive from, reverse engineer, decompile or otherwise attempt to extract the Service's source code, the content, or any part thereof.

2.4. You will ensure that each Service user must be 18 (eighteen) years of age or older.

2.5. You agree to use the Service reasonably. If JALA.ai considers that you are using the Service unreasonably or may cause the performance of the Service to decrease for Customers or other users, then JALA.ai may impose restrictions on your Use of the Service. If possible, JALA.ai will give you 24 (twenty-four) hours prior notice and ask you to reduce your usage before any restrictions are imposed.

2.6. You acknowledge and agree to be fully responsible for the Use of the Service and agree not to hold JALA.ai liable for any claims, losses, and losses in connection with the Use of the Service.

2.7. The Representative may only use applications and Services on compatible and compliant devices. You acknowledge and agree to be responsible for checking and ensuring that you have downloaded the Application and Services on a consistent and compliant device. You acknowledge and agree that JALA.ai is not responsible if you do not have a compatible and compliant device that may affect the performance of the Service.

2.8. You acknowledge and agree that you are prohibited from:

(a) Use the Service in an unlawful manner, or for any illegal or fraudulent purpose, or in any way inconsistent with these Terms of Use;

(b) Violate the intellectual property rights of JALA.ai or third parties in connection with the use of the Service;

(c) submit any material that is defamatory, insulting, or otherwise controversial in connection with your Use of the Service;

(d) Use the Service in a way that can damage, disable, overburden, disable, or weaken JALA.ai's system or security or interfere with other users;

(e) Collect or retrieve any information from JALA.ai facilities or systems or attempt to decipher (decipher) transmissions to or from servers using the Service;

(f) disclose or distribute information concerning other users of the Service to any third party, or use such user information for marketing purposes unless you have obtained permission from such Users to do so;

(g) Access or register through users' logins using bots or other automated methods;

(h) Reproduce, duplicate, copy, deconstruct, sell, trade, or resell the said Service;

(i) Attempt to access other JALA.ai systems that are not part of the Service;

(j) Copy, modify, derive from, reverse engineer, decompile or otherwise attempt to extract the Service's source code, or any part thereof or permit others to do so.

III. JALA.ai account

3.1. You acknowledge and agree that you must first register and create a JALA.ai account to use the Service. You acknowledge and agree not to use the other party's account without permission. You accept and agree to provide true, accurate, up-to-date, and complete account information and continue to keep such account information true, accurate, current, and done.

3.2. You are the only person authorized to access and use your account. You are required to maintain the security and confidentiality of your account and password and are prohibited from allowing other parties to access or use your account and password. You may share your account and password with a representative you trust, but you are solely responsible for the Use of the Service using your account and password. You represent and warrant to hold JALA.ai harmless and indemnify JALA.ai from all forms of responsibility, action, lawsuit, request, cost, claim, and expense that JALA.ai may incur or suffer due to misuse of the Service using your account and password. 

3.3. You must immediately notify JALA.ai of any security breach or unauthorized use of your account. You are also required to make changes to your password directly. You acknowledge and agree that JALA.ai has the right to terminate your account or block your access to the Service if you violate the provisions of maintaining the security of your password.

IV. Service

4.1. You acknowledge and agree that the Services are provided following a pre-agreed package before payment.

4.2. JALA.ai can provide the Service based on a subscription period per month or per year, as chosen by the Customer or its Representative (as applicable).

4.3. Your subscription period for the Service will end at the end of the subscription period as the subscription period you have selected. You acknowledge and agree that if you no longer subscribe to the Service until the end of the subscription period, you cannot continue to use the Service.

4.4. Services may include features that connect you to one of our partners. If you choose to use this Service, you understand and agree to be subject to and bound by the terms and conditions that apply from partners, which complement these Terms of Use.

V. Payment

5.1. The Customer acknowledges that by purchasing and subscribing to the Service, the Customer agrees to the associated fees, prices, and billing cycles as (i) stated on the Application and Site at the time of purchase and subscription to the Service, and (ii) amended from time to time. The time following these Terms of Use.

5.2. Unless otherwise agreed upon at the time of purchase and subscription to the Service, the Customer's billing cycle is per 3 (three) months, 6 (six) months, or 12 (twelve) months, starting from the time the Customer purchases and subscribes to the related Service, or if a Trial Period is granted to the Customer, on the following day after the end of the Trial Period.

5.3. You acknowledge and agree that JALA.ai may, at any time, at its discretion, change the terms of charging fees, prices, and billing cycles that apply to any Service, including changing the cost and price of the Service by giving notice to you. If you disagree with the changes, you may unsubscribe from the Service.

5.4. Service payments that have been due must be paid by manual transfer to the account of PT. JALA Digital Indonesia. The Customer acknowledges and agrees that late payment may result in the suspension and termination of the Service to the Customer.

5.5. If your payment and registration information is inaccurate, not current, or incomplete, then you do not notify JALA.ai as soon as the information changes. You acknowledge and agree that JALA.ai may refuse to provide you with the Use of the Service in any form.

5.6. If the Customer unsubscribes from the Service before the end of the then-current billing cycle, you acknowledge and agree that the Customer will not receive a refund for any payments associated with such billing cycle.

5.7. You acknowledge and agree that JALA.ai can only give the Customer a full refund of the subscription fee for the software if it is within 7 (seven) days after payment. There will be no cost refund, either in whole or in part, after the 7 (seven) day period has passed.

5.8. To avoid doubt, the Customer's right to a refund applies only to the software subscription fee. There are no refunds for any hardware costs.

5.9. You agree that you will make all payments without withholding, particularly withholding taxes or other types of taxes. Therefore you will be solely responsible for them.

Privacy Policy

6.1. You hereby agree and grant a royalty-free, irrevocable, indefinite, sublicensable, and worldwide license to use (including for commercial purposes) the information and data collected by JALA.ai through your Use of the Service, provided that JALA.ai will combine (with data from other users) or make such information or data anonymous before using it.

6.2. You understand and acknowledge that the data and information you provide in the Use of the Service may constitute, contain, and relate to data and information belonging to other parties. You are responsible for representing and guaranteeing that you have obtained permission to provide data and reports of other parties to JALA.ai. You hereby acknowledge and agree to hold JALA.ai free from all claims, demands, and losses arising from and in connection with the provision of data and information to other parties by you.

6.3. Use of and access to the Service will also be subject to all the rules outlined in the JALA.ai privacy policy posted on the Application and Site ("Privacy Policy") and is an integral part of these Terms of Use. By agreeing to these Terms of Use, you acknowledge that you have read and agree to the contents of the Privacy Policy.

VII. Proprietary Rights and Intellectual Property

7.1. You acknowledge that all information and data, such as web pages, site services, data files, text, computer programs, videos, audio, images, photos, or other materials that you may access as part of or through your use of, the Services and The Service itself is wholly owned by JALA.ai. You acknowledge and agree that JALA.ai owns all legal rights, title, and interest in and in the Service, including any intellectual property rights in the Service (whether such rights are registered or not, and in any country where those rights are it arises). You agree not to challenge or do anything inconsistent with such ownership.

7.2. You acknowledge and agree that the usage rights granted to you by these Terms of Use are not a transfer or sale of JALA.ai's ownership rights to the Service, its system, or any part thereof. Apart from the use rights mentioned in Section 2.1 of these Terms of Use, JALA.ai retains all rights, title, and interests (including all intellectual property rights) in the Service or copies thereof. You acknowledge and agree that any attempt to use the Service beyond what is permitted by this license will automatically terminate the validity of the said license. You hereby grant JALA.ai the right to process such violations under applicable laws and regulations.

7.3. You acknowledge and agree that nothing in these Terms of Use grants you the right to use any JALA.ai trademark, trade name, service mark, logo, or domain name in any way that is intended or may cause consumer misdirection in connection with the ownership or authorized user of any such trademark, trade name, service mark, logo or domain name. You are not allowed to publish or use any trademark, trade name, service mark, or logo of JALA.ai except with the prior written consent of JALA.ai.

VIII. Account Cancellation

8.1. Customer acknowledges and agrees that JALA.ai may cancel or terminate Customer's account at any time based on JALA.ai's sole discretion.

8.2. The Customer has the right to cancel their account on the Service at any time by following the instructions in the Customer's account through the Application or Site or by calling or sending an email to the customer service department (Customer Support) of JALA.ai. If the Customer cancels their account before the end of the Service subscription period (either monthly or annually), then you acknowledge and agree that the cancellation will take effect at that time, and the Customer is not entitled to a refund of the service fee that has been paid in advance.

8.3. If the Customer's account is canceled, then: (a) the account may be deactivated or deleted; (b) all of the Customer's rights in terms of use will terminate immediately, and (c) without prejudice to the provisions of the applicable laws and regulations, JALA.ai can directly delete all Customer data and content from the JALA.ai system. You represent and warrant that JALA.ai cannot be held responsible for any loss or damage resulting from the cancellation of the Customer's account, and the Customer should ensure that any required data is transferred or duplicated before account cancellation.

8.4. You acknowledge and agree that JALA.ai may terminate or suspend the Service to you, at any time, including in the case of your actual or suspected unauthorized use of the Service, non-compliance with the Terms of Use, and Separate Terms of Use. If JALA.ai terminates the Service because of this, you acknowledge and agree that JALA.ai has no obligation or responsibility to you, and JALA.ai will not refund any amount you have paid, as long as permitted under applicable law.

IX. Limitation of Liability and Indemnity

9.1. You acknowledge and agree that to the extent permitted by applicable law, JALA.ai will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages and losses that may be incurred or suffered by You. This limitation includes but is not limited to loss of profits, business, goodwill, reputation, data, or other intangible losses in connection with using the Service or not being able to use the Service properly.

9.2. You acknowledge and agree that JALA.ai will not be liable for any damages or losses arising as a result of (a) use of or inability to use the Service (in whole or in part) or any technical malfunction; (b) restricted access to, or alteration of, Customer communications or data; (c) any third party statements or actions concerning the Service; (d) your reliance on the completeness or accuracy of the Service or any part thereof; (e) any changes that JALA.ai may make to the Service, or any permanent or temporary discontinuation of the Service; (g) deletion, corruption or failure to retain any other communication data maintained or transmitted by or through your Use of the Service; (h) your failure to provide JALA.ai with accurate account information; or (i) any other matter in connection with the Service.

9.3. In any case, you acknowledge and agree that JALA.ai's maximum liability concerning the Terms of Use or the Use of the Service by the Customer is limited to the amount of the service usage fee paid by the Customer in the last 3 (three) months.

9.4. The limitations of JALA.ai's liability to you as set out in this Section will apply even if JALA.ai has been advised of the possibility of such damage or loss.

9.5. You agree to indemnify and hold harmless JALA.ai and its affiliates, officers, agents, employees, and partners from any claims or claims, including reasonable legal fees, from any third party arising out of and in connection with your Use of the Services. Contrary to these Terms of Use or providing inaccurate or incomplete data and information to JALA.ai in connection with your Use of the Service.

X. Applicable Laws and Jurisdiction

You agree that

  1. JALA.ai will provide the Services from Indonesia;
  2. Indonesian law applies to these Terms of Use, including any contractual or non-contractual issues or disputes arising out of or in connection with these Terms of Use, your access and Use of the Service, and the relationship between JALA.ai and you; and
  3. Any conflict arising out of or in connection with the Service or dispute between JALA.ai and you in connection with the Service will be submitted and resolved first through deliberation for consensus within 30 (thirty) days from the receipt of notification of the emergence of the conflict.

If no agreement is reached after the said period, then you acknowledge and agree that the conflict resolution will only be resolved by the Indonesian National Arbitration Board (BANI). Notwithstanding the preceding, you agree that we may seek a provisional award, an interim award, or protective relief.

XI. Customer service

You can submit questions and complaints related to the Service to our customer service (Customer Support) section at Support@jala.ai.

JALA.ai will verify Customer data by referring to Customer data stored on the JALA.ai system. We reserve the right to refuse to process questions and complaints you submit regarding the Service if your verified data does not match the customer data stored on our system.

XII. Others

11.1. Whole. These Terms of Use constitute the entire agreement between you and JALA.ai and supersede all prior understandings, communications, and agreements, both written and oral, regarding the main contents of these Terms of Use. These Terms of Use must be read together and applied in conjunction with the Privacy Policy, Separate Terms of Use, and other terms and conditions that apply to the Service you choose, including from third parties or partners (if any).

11.2. Separation. If a legally binding court decision determines that any part of these Terms of Use is invalid, The court will remove that part without affecting the other parts of these Terms of Use, and the remaining provisions will remain valid and enforceable.

11.3. diversion. You acknowledge and agree that you cannot transfer your rights or obligations under these Terms of Use to anyone (unless explicitly stated in these Terms of Use) without the prior written consent of JALA.ai. However, JALA.ai may transfer its rights or obligations under these Terms of Use without your consent to (a) its affiliates, (b) other companies through the sale of assets by JALA.ai, or (c) successors through the process of merger, merger, acquisition, reorganization. Or other legal action. Transfers other than according to the provisions of this Section shall be deemed void.

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