Effective Date: 27 Aug 2024

Welcome to Jolera Inc. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

ACCEPTANCE OF TERMS

By using our Services, you agree to comply with and be legally bound by these Terms, as well as our Privacy Policy, Cookies Policy, and any other policies referenced herein or available by hyperlink. These Terms apply to all users of our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

MODIFICATIONS OF TERMS

Jolera reserves the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of the Services following any changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

USE OF SERVICES

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use the Services:

• • In any way that violates any applicable federal, provincial, state, local, or international law or regulation.
• • To engage in any unauthorized or fraudulent activity.
• • To impersonate or attempt to impersonate Jolera, a Jolera employee, another user, or any other person or entity.
• • To engage in any activity that could disable, overburden, or impair the Services or interfere with any other party's use of the Services.

ACCOUNT REGISTRATION

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Jolera will not be liable for any loss or damage arising from your failure to comply with this obligation.

INTELLECTUAL PROPERTY

The Services and all content provided on the website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of Jolera Inc. or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and the content solely for your personal, non-commercial use.

You agree not to:

• • Reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

All trademarks, service marks, logos, and trade names displayed on the Services are the property of Jolera or their respective owners. Nothing in these Terms grants you any right or license to use any trademark, service mark, logo, or trade name of Jolera or any third party.

Unauthorized use of any Jolera intellectual property may violate copyright, trademark, and other laws. Jolera reserves all rights not expressly granted to you.

USER-GENERATED CONTENT

If you submit or post any content to our Services, including but not limited to comments, reviews, or any other material (collectively, "User Content"), you grant Jolera a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that:

• • You own or control all rights to the User Content and have the right to grant the above license.
• • The User Content is accurate and not misleading.
• • The User Content does not violate these Terms or any applicable law.

Jolera reserves the right to remove or modify User Content for any reason, including if it violates these Terms or any applicable law.

THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services that are not owned or controlled by Jolera. Jolera has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Jolera is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party websites or services.

TERMINATION

We may terminate or suspend your account and access to the Services, at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

DISCLAIMER OF WARRANTIES

The Services are provided on an "as is" and "as available" basis. Jolera makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on or made available through the Services. You expressly agree that your use of the Services is at your sole risk. To the fullest extent permitted by applicable law, Jolera disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Jolera, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Services, even if Jolera has been advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jolera, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario to resolve any dispute or claim arising from these Terms or your use of the Services.

SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

WAIVER

No waiver by Jolera of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jolera to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, Cookies Policy, and any other policies or legal notices published by Jolera, constitute the entire agreement between you and Jolera with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:
[email protected]

Jolera Inc.
365 Bloor St E 2nd floor
Toronto, ON M4W 3L4, Canada
+1 416 410-1011

Or

Jolera Inc.
Av. da Boavista 2099
4100-100 Porto, Portugal
+351 226 000 110