Hello and welcome to the JAIDA App, Inc Privacy Policy (“Policy”). This explains how we collect, store, protect, and share your information, and with whom we share it. We highly recommend, suggesting, you read this in conjunction with our Terms and Conditions of Use.

While you are using JAIDA app, we collect some information about you. You may choose to use the App to share information with other JAIDA’s members, including your friends and contacts (“Users”). 

By downloading and installing our JAIDA App, you agree that we can collect, transfer, store, disclose and use your information as described in this Policy. JAIDA is a global app, and your information will be sent to and used in the United States regardless of the country you reside in, and by downloading JAIDA App you consent to such transfer. 

If you have any questions or comments about this Policy, please feel free to contact us at jaidaapp@gmail.com

COLLECTION OF INFORMATION

Registration Information

When you download the JAIDA App and create an account (“Account”), we may collect certain information (“Registration Information”) about you, like:

• First and Last Name;
• Username;
• Email address;
• Sexual preference;
• Photographs;
• Videos
• Cell number;
• Gender identity;
• Date of birth;
• Location;
• Audio Data
• Other User Content.

At registration, you will also be required to create a password in connection with the registration of your Account. Once you register, you will be able to review and change this information at any time by accessing your “Profile” page. You control your user profile and are able to correct or update (other than your email address, mobile number, date of birth, gender and location (which is automatically updated) your information at any time by just logging in to JAIDA app.

The information we collect helps to enhance the App and verify our Users. Registration Information such as your name and username may be visible to the public on your profile page.

Additional Information

We may ask you to provide your full name, address and email address. You agree that such details may be shared with third parties for purposes relating to, for example, any of our loyalty programs, sending gifts or delivery of merchandise.

We may also collect additional information in connection with your use of JAIDA, for example, if you use our electronic messaging function.

If you contact our Customer Support team, we will receive your email address and may track your IP address as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other Users (and from other Users about you).

We also do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ license details and other sensitive information on your profile which is open to abuse and misuse.

While you may voluntarily provide this information to us when you create your profile, including your sexual preferences, there is no requirement to do so. Please remember that photographs that you post on JAIDA may reveal information about yourself as well.

Where you do upload and choose to tell us sensitive information about yourself, you are explicitly consenting to our processing of your information and making this public to other users. 

When you post information about yourself or use the messaging function, the amount of personal information you share is at your own risk. Please see Section 4 below for more information on who can access what you post on JAIDA. If you post anything that is inconsistent with our Terms and Conditions of Use, we reserve the right to terminate your Account – we really don’t want to have to do this so please play by the rules.

When you post information about yourself or use the messaging function, the amount of personal information you share is at your own risk. Please see below for more information on who can access what you post on JAIDA. If you post anything that is inconsistent with our Terms and Conditions of Use , we reserve the right to terminate your Account – we really don’t want to have to do this so please follow Jiada app’s rules.

For security and safety we require users to verify their accounts and might ask for your phone number. We do not welcome robot. We want to avoid fake JAIDA accounts being created which can be used for malicious activities and cybercrime – they threaten the JAIDA network and spoil things for everyone. We use a third party provider for account verification who will keep your phone number for up to 90 days for fraud identification purposes across a range of online platforms and services like JAIDA. We collect and use your phone number on the basis of our legitimate interests identified above and for the prevention of fraud.

If you decide to purchase any of our Vip membership or offers in-app purchase services, we will process your payment information and retain this securely for the prevention of fraud and for audit/tax purposes. Under data protection law, it is necessary for us to collect and process this payment data to enable us to perform our contract with you and our ongoing retention of this data is justified by our legitimate interests set out above.

We want to keep in touch with you to make sure you know about the great promotions and special offers we have available. If you’ve told us it is OK, we will use your email address and phone number to send you information about those promotions. You can withdraw this consent at any time via “Settings” in the JAIDA app.

Data Storage

By using the JAIDA App, you agree and acknowledge that JAIDA is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on JAIDA, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

Geolocation Information

If you turn these features on, when you use your cell phone, we will collect information about WiFi access points as well as other location information about your longitude and latitude and may save your device’s coordinates to offer certain features to you. This information helps us identify your physical location and we may use it to personalize the App and make it easier for you to interact with other Users.

If you have enabled location services, but wish to turn it off, you can do so by the following methods:

• iPhone app — settings, privacy, location services
• Android — profile, privacy, off

Log and Usage Data

Our servers automatically record information (“Log and Usage Data”) created by your use of the Service, which again helps us to improve our service. Log and Usage Data may include information such as your IP address, browser type, the referring domain, pages visited, access times, your mobile carrier, and search terms. Other actions, such as interactions with JAIDA and advertisements, may also be included in Log and Usage Data.

Where you request that your profile is deleted via the app, it is immediately made unavailable and completely deleted within 30 days. Correspondence with our Customer Support team will be retained for longer to allow us to deal with any subsequent queries you may have but will usually be deleted within 6 years if there are no queries.

Anonymized information about activity on JAIDA is retained for longer for statistical and product research purposes but this is not attributable to an individual once the profile has been deleted.

Information such as payment information, IP addresses, phone numbers, and email addresses are retained for anti-fraud and anti-spam purposes for as long as they are relevant. This is usually determined by the expiry of the payment method.

We may collect information about your device when you use the App including the unique device identifier, device model, operating system, and MAC address. In addition, if you permit us to do so, the App may access your device’s address book solely in order to add someone to your contacts.

We may keep track of how you interact with links available on JAIDA including third party services and clients by redirecting clicks or through other means. We may share aggregate click statistics such as how many times a particular link was clicked on.

Cookies

They are small data files that are transferred to your computer’s hard disk and are basically a tool that stores information about website visits, recognizes you and your preferences each time you visit JAIDA, and ensures site functionality and enables us to provide the services our member’s request.

The cookies we collect enable us to learn how people interact with JAIDA, which in turn helps us make a better product for you. Cookies store information about your website visits and can recognize you and your preferences each time you visit the JAIDA website. 

JAIDA’ s use of cookies and local storage devices is basically related to the performance of JAIDA’s site, such as analytics that helps us determine how our site is performing and ensuring a smooth and trouble-free experience for our members and visitors.

Below is a table to explain JAIDA’s cookie functions and why they’re used.

If for any reason you decide that you do not want all of your JAIDA activities to be stored you may set your browser and mobile settings to block cookies and local storage devices, but please remember that if you do so, you may not be able to access all of the features JAIDA offers.

We use the following types of cookies:

Cookie Functions Cookie Purposes

Analytics and research, We use Google Analytics to collect information about how visitors use the site. The cookies collect information in an anonymous form, including the number of visitors to the App, where visitors have come from and the pages they visited.

For more information about Google’s Privacy Policy, please visit http://www.google.com/intl/en/policies/.

We need to use certain cookies and save data to your local storage devices to ensure our members have the best possible experience. They assist with your navigation of our site, ensuring pages load quickly and respond promptly to your requests.

Our use of cookies and local storage devices, including the specific cookie names, may change over time, but will generally fall into the above categories. We will notify you of any important changes to our use of cookies and local storage devices. Please visit this beautiful page on a regular basis so that you are aware of any changes.

If you would like to know more about these cookies, including flash cookies/local storage devices, the following websites provide useful information:

• www.allaboutcookies.org
• www.youronlinechoices.eu
• http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html

USE OF INFORMATION

In order to deliver a great experience to you, we may use your Registration and other information to:

• offer you our services and features;
• contact you with information about the App (e.g., updates and new offerings);
• personalize the App and the content we deliver to you;
• conduct research and analytics about how you use and interact with the App;
• resolve disputes between you and other Users; and
• investigate fraud, protect our legal rights, and to enforce our Terms & Conditions.

DISCLOSURE OF INFORMATION.

Our policy is to not disclose your Registration Information, except in the limited circumstances described here:

Your Consent – If you consent, we may share or disclose your Registration Information, such as when you use a third party web client or application to access your Account.

Service Providers – We engage certain trusted third parties to perform functions and provide services to us. We may share your Registration Information with these third parties, but only for the purposes of performing these functions and providing such services e.g. information technology companies (hardware and software) which provide services to support our products.

Moderators – To monitor activity on the apps and approve content.

Payment Processing and Telecommunications Companies – To facilitate payments for our premium services.

Law and Harm – As we mentioned in the Terms & Conditions , we think it is very important that all JAIDA users behave while using JAIDA App. We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement inquiries from within or outside your country of residence where we are required to by law or to protect the vital interests of a person. This may include preserving or disclosing any of your information, including your Registration Information, if we believe in good faith that it is necessary to comply with a law or regulation, or when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal request; to protect the safety of any person; to address fraud, security or technical issues e.g. through anti-spam providers to protect the service from criminal activity or to protect our rights or property or those of third parties. In such cases, we may raise or waive any legal objection or right available to us.

Business Transfers -In the event that JAIDA App, Inc or any of our affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.

Aggregated Information – We may share aggregated information with third parties that include your personal data (but which doesn’t identify you directly) together with other information including log data for industry analysis and demographic profiling. You may opt-out of receiving marketing messages by using the opt-out mechanisms and links provided in each email.

We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy.

Measures are taken to ensure that the data shared is non-attributable to the greatest extent as much as possible.

WHAT OTHERS MAY SEE ABOUT YOU.

JAIDA App is designed to make it easier for you to connect with other Users and to interact with them. If you register or login to the App using your Facebook or Instagram account, you are authorizing us to access certain Facebook or Instagram account information, including information you make available via Facebook or Instagram, your friend’s list, current location and those friends you have in common with other JAIDA users. You also understand that your JAIDA profile and other information you make available via the App, including information you provide directly or indirectly through Facebook (i.e., your Facebook or Instagram photos, your name, age, approximate location, friends you have in common with other JAIDA users and other profile information), may be viewed and shared by JAIDA users with individuals who may or may not be Users or via third-party applications in such JAIDA users discretion. For example, a User may recommend you as a match to his or her Facebook or Instagram friends by sharing your picture, regardless of whether such friend(s) is also a User of the App. You might share information like the photos, videos and messages you send or upload and any metadata provided with those messages, along with any comments or information you provide in connection with your photos.

When using JAIDA, you should assume that anything you post or submit on the App may be publicly-viewable and accessible, both by Users of the App and non-Users of the App. We want our JAIDA users to be careful about posting information that will eventually be made public.

MODIFYING YOUR REGISTRATION INFORMATION.

You may access or modify the Registration Information you provided at any time or permanently delete your Account.

When your Account is deactivated, we take reasonable efforts to make sure it is no longer viewable on the App. For up to 30 days it is still possible to restore your Account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your Account from our systems. We are not responsible for any information, pictures, comments, or other content that is deleted from our systems resulting from the deactivation of your Account.

To prevent abuse and/or misuse of JAIDA by a User following termination or deletion of a profile/Account we shall retain such information as we deem in our sole discretion may be necessary to ensure that User does not open a new Account and profile in breach of our Terms and Conditions of Use and to ensure compliance with all laws and regulations.

Warning: Even after you remove information from your profile or delete your Account, copies of that information may still be viewable and/or accessed to the extent such information has been previously shared with others, or copied or stored by other Users or to the extent such information has been shared with search engines. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your personal information they may retain such information to the extent permitted under their terms of service or privacy policies.

Removed and deleted information may persist in backup copies for up to 30 days to enable restoration, but will not be available to others in the meantime.

CHANGES TO THIS POLICY.

As JAIDA evolves, we may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at jaidatheapp.com/privacy/. If we make a change to this policy that, in our sole discretion, is material, we will notify you, for example, via an email to the email associated with your Account or by posting a notice within JAIDA. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Privacy Policy.

OUR POLICY WITH AGE

Although we want as many people as possible to enjoy our creation, you have to be at least 18 years old to use the App.

JAIDA does not knowingly collect any information about or market to children, minors or anyone under the age of 18. If you are less than 18 years old, we request that you do not submit information to us. If we become aware that a child, minor or anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate that person’s registration and delete their Registration Information from JAIDA. If we do delete a profile because you violated our age policy and rules, we may retain your email and IP address to ensure that you do not try to get around our rules by creating a new profile.

SECURITY

We take commercially security measures to help protect your information against loss, misuse, and unauthorized access, or disclosure. We use some security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls.

Unfortunately, no website or Internet transmission is ever completely 100% secure and even we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur, but here are some handy tips to help keep your data secure: Don’t share your social media password with anyone else and we strongly recommend that you change your social media password periodically.

If you ever think someone has had access to your social media password, please report it to the relevant social media platform and change your password right away. We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk.

WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR DEVICE, OR ANY LOSS OR UNAUTHORIZED USE OF YOUR REGISTRATION INFORMATION OR OTHER DATA.

THIRD PARTY ACCOUNTS

If you have registered with JAIDA using a third-party social media platform, such as Facebook or Instagram, your JAIDA profile will be available to all Users of JAIDA whether via our App or our partners’ websites.

When you register with a third party, you are also giving them personal information, so we recommend that you read their privacy policies as JAIDA does not control how they use their information.

If you have registered on one of these third party websites, such as Facebook or Instagram, or you have verified your Account via a third party website, we may connect your JAIDA profile with your profile on such website. We may do this by way of new products and applications which we introduce from time to time, including new products powered by our group companies.

If you have created a JAIDA profile through a third party website and you do not want to link your JAIDA profile to your profile on the third-party website, JAIDA cannot amend these settings. Please visit the application settings on your third party website profile and follow the instructions to remove the JAIDA access permissions.

We only use the APIs, OAuth Tokens, Widgets, or other means provided by the applicable Social Media Account to integrate your Social Media Account with our App. As such, we only receive the limited information that each Social Media Account permits to be transferred.

YOUR CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at jaidaapp@gmail.com

From time to time, we may disclose your contact information to third parties to allow them to market their products or services to you or for other marketing purposes. This may be information we received from you offline and online. If you want us to stop further sharing your email contact information with third parties (if we have your email contact information), you may notify us at jaidaapp@gmail.com. Please follow the instructions provided to you by third parties to unsubscribe from their messages. If you have opted-out as described above, and thereafter you chose to use a service or promotion that requires us to contact you or share your information with a third party, then your previous opt-out preferences will not apply to such service.

In addition, under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third-party online services, to the extent the operator engages in that collection. At this time, we do not track our Users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual User’s online activities over time and across different online services when using the App.

CROSS-BORDER DATA TRANSFERS

The sharing of personal data as explained in this Policy may involve the transfer of personal data across borders, for instance to the United States and other jurisdictions, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. As an example, where the Service allows for users to be located in the European Economic Area (“EEA”), their personal data is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.

You have a number of rights under European Data Protection law if you are an EU citizen.

• Right to be informed: what personal data an organization is processing and why (this notice).
• Right of access: you can request a copy of your data.
• Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
• Right to erasure: you have the right to have your data deleted in certain circumstances.
• Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
• Right to data portability: you can request a copy of your data in a machine-readable form that can be transferred to another provider.
• Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
• Rights related to automated decision making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances, your rights include the right to ensure that there is human intervention in the decision-making process.

DATA ACCESS

Your data is accessible only on a need-to-know basis by JAIDA employees and third-party service providers.

PERSONAL DATA PROTECTION

JAIDA has implemented appropriate security measures to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal data. Our technical experts at JAIDA work hard to ensure your secure use of our site.

While we take reasonable precautions against possible security breaches of our website, member database and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Please take steps to keep your personal data very safe (including your password) and to log out of your account after use. If you lose your password or give it out, or another service provider that you use suffers a data breach, and you have used the same credentials with that service provider as you have with JAIDA, your personal data may be compromised. If that happens, please report it to Support at jaidaapp@gmail.com

If you contact our Customer Support team via email at jaidaapp@gmail.com, we will receive your email address and may track your IP address, as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you) for 6 years after deletion of your account.

We may use a material that you post on the open access areas of JAIDA in advertising and promotional materials on our partner sites and partner products. We believe these uses are in line with our legitimate interests in enabling us to improve our site and better tailor your online experience to meet your needs.

We use your personal data to resolve disputes, troubleshoot problems and enforce our Terms and Conditions of Use.

ABOUT JAIDA APP

By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Policy, the English version shall prevail.

JAIDA App, Inc is registered in the United States Under Company number 7137032. Our registered address is 16192 Coastal Highway, Lewes, Delaware 19958, USA.

POLICY UPDATES AND CHANGES

We reserve the right, at any time, to add to, change, update, or modify this Policy. If any changes are made to this Privacy Policy, we will reflect the “Effective Date” for the updated Policy above. When making a material change to this Policy, we will notify you before the changes take effect so that you can review the updates.

HOW TO CONTACT US

If after reviewing this Policy, you still have questions about our information practices, please contact us at jaidaapp@gmail.com with the subject line “Privacy Policy.”

Effective date

This Privacy Policy was last updated on March 24, 2021.

THANK YOU SO MUCH FOR READING

JAIDA App Terms and Conditions of Use

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple. If you subscribed using your Google Play Store account, refunds are handled by Google. If you subscribed using Jaida.biz, refunds are handled by Jaida.biz

The following ‘Terms of Service’ are a binding contractual commitment. We recommend reading it in full before using our service, but the most important point is this: your safety is our top priority. For your safety, we reserve the right to remove any user for a number of reasons, but most importantly if we believe they are acting inappropriately or misrepresenting themselves. If someone has made you uncomfortable for any reason, please report them to our customer support team, either via the app or by emailing jaidaapp@gmail.com

Our amazing support team is there to help make your experience as enjoyable as possible. 

This is a contract between you and JAIDA App, Inc.

Please read these Terms before registering on JAIDA App, once you access, view or use JAIDA App, you are going to be legally bound by these Terms.

Risks and precautions

• WE DO NOT CONDUCT (CRIMINAL) BACKGROUND CHECKS IN RELATION TO MEMBERS OF THE JAIDA APP.
• YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL APPROPRIATE SAFETY PRECAUTIONS IN CONNECTION WITH THE USE OF JAIDA APP AND CONTACTING OTHER MEMBERS. YOU ACCEPT THAT THERE ARE RISKS INTERACTING ONLINE OR OFFLINE WITH OTHER MEMBERS, INCLUDING DATING AND MEETING OTHER MEMBERS.
• WE DO NOT GUARANTEE OR VERIFY THE ACCURACY OF INFORMATION PROVIDED TO YOU BY OTHER MEMBERS. JAIDA APP MAKES EVERY EFFORT TO KEEP THE INFORMATION MADE AVAILABLE ON THE APP ACCURATE AND UP TO DATE, BUT WE DO NOT GUARANTEE THAT THE INFORMATION IS ACCURATE, COMPLETE OR CURRENT. NO RIGHTS CAN BE DERIVED FROM IT. ANY RELIANCE ON THE PROVIDED INFORMATION IS AT YOUR OWN RISK.
• WE DO NOT WARRANT THAT THE APP WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ALL CONTENT AND SERVICES ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY DECISIONS OR ACTIONS TAKEN BY YOU ON THE BASIS OF THE INFORMATION PROVIDED ON OR VIA THE APP ARE AT YOUR SOLE DISCRETION AND RISK.

JAIDA APP is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow JAIDA’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT JAIDA APP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. JAIDA APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. JAIDA APP RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT JAIDA APP MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Eligibility

You must be at least 18 years of age to create an account on JAIDA APP and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with JAIDA APP,
• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

This Terms of Service agreement (the “Terms”) governs your use of the JAIDA APP, Inc. (“JAIDA”) service available through our website located at www.jaida.biz (the “Website”), and mobile software application known as “JAIDA” (the “App”) (collectively, the functionality provided by the Website and App referred to as the “Service”). 

Please read these Terms carefully. By accessing, browsing or using the website or service, completing the registration process, and/or downloading the app, you represent (1) that you have attained the legal age that is statutorily required under the laws of the country in which you reside to form a binding contract with JAIDA, (2) you have the authority to enter into the Terms of Use personally or on behalf of the company you represent; and (3) that you consent to your personal data being collected, stored, processed or transferred in the manner provided for in these terms and as per the Privacy Policy. If you do not agree to be bound by these Terms, you may not access or use the website, app or services. 

Please note these Terms include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

1. ACCOUNTS

Registration. In order to access certain features of the Services, you may be required to register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”) and or Instagram, as part of the functionality of the Services, you may link your Account with SNS account (“SNS Account”), by allowing JAIDA to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to JAIDA and/or grant JAIDA access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating JAIDA to pay any fees or making JAIDA subject to any usage limitations imposed by such third-party service providers. By granting JAIDA access to any SNS Accounts, you understand that JAIDA may access, make available, and store (if applicable) any information, data, or content stored in your SNS Account that you make available to the JAIDA service. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Services. Please note that your relationship with the third-party service providers associated with your SNS Accounts is governed solely by your agreement(s) with such third-party service providers, and JAIDA disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. JAIDA makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and JAIDA is not responsible for any SNS Content. 

Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify JAIDA immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or JAIDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JAIDA has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). JAIDA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by JAIDA, or if you have been previously banned from any JAIDA Properties (as defined below).

LICENSE & OWNERSHIP

License. JAIDA grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App’s Stores “Usage Rules”) (the “Usage Rules”) when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by JAIDA as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, and/or enhancements of the App or for the Service. 

Ownership. Unless otherwise noted, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein used to operate d, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on d, the Website, App and Service (collectively, the “JAIDA APP, INC”) and all text, content, and documents on the JAIDA APP, INC Properties (collectively, the “Content”) are owned by JAIDA APP, INC (or its affiliates) or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between JAIDA APP, INC and you, all right, title, and interest in and to the Content will at all times remain with JAIDA APP, INC and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Service, are registered and/or common law trade names, trademarks, or service marks of JAIDA APP, INC or the applicable Owner. 

License to Your Content. JAIDA does not claim ownership of any content, images, videos, text, or other materials you upload to the Service (“Your Content”). You grant JAIDA a non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, Your Content (in whole or in part) for any commercial and/or business purpose whatsoever, including for the purpose of operating and providing JAIDA Properties to you and to our other end-users. For the purposes of clarity, you may use Your Content solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not JAIDA, are responsible for all of Your Content that you make available on or in JAIDA Properties. 

Your Profile. Your Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission. 

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to JAIDA through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that JAIDA has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to JAIDA a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the JAIDA Properties.

3. USE & RESTRICTIONS

You are permitted to use JAIDA Properties and/or the Content and/or for lawful purposes as provided in these Terms only. You will not, without JAIDA’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which JAIDA Properties are being provided to you; (ii) use JAIDA Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of JAIDA Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies JAIDA Properties; (iv) attempt to gain access to secured portions of JAIDA Properties to which you do not possess access rights; (v) use JAIDA Properties to generate unsolicited email advertisements or spam; (vi) use JAIDA Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic, or manual process to access, search, or harvest information from JAIDA Properties (including without limitation robots, spiders or scripts); (viii) interfere in any way with the proper functioning of JAIDA Properties, or interfere with or disrupt any servers or networks connected to JAIDA Properties, or disobey any requirements, procedures, policies or regulations of networks connected to JAIDA Properties; (ix) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on JAIDA Properties or the Content contained on any such web page for commercial use without our prior express written permission; (x) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xi) mirror or frame JAIDA Properties or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (xii) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xiii) create derivative works from the Content or commercially exploit any part of the Content in any way; (xiv) use any portion of a JAIDA Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xv) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. 

JAIDA reserves all other rights not expressly granted herein. Except as expressly provided herein, nothing on JAIDA Properties will be construed as conferring any license under JAIDA ’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, JAIDA may revoke any of the foregoing rights and/or your access to JAIDA Properties, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

4. POSTING GUIDELINES

The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with JAIDA relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply: 

JAIDA will have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content. JAIDA is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. JAIDA reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the JAIDA Properties. You are expressly prohibited from submitting any of the following types of content in any Community Forum: 

Any content that is harmful (including harmful to minors), unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially or ethnically offensive, suggestive, harassing, threatening, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 

Any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use; 

Any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; 

Unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party; viruses, spyware, trojans, corrupted data or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose JAIDA or any Owners or other users to any harm or liability of any type.

5. INTERACTIONS WITH OTHER USERS

User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that JAIDA reserves the right, but has no obligation, to intercede in such disputes. You agree that JAIDA will not be responsible for any liability incurred as a result of such interactions. You understand that JAIDA does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. JAIDA makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. JAIDA reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources. 

Content Provided by Other Users. The JAIDA Properties may contain content provided by other users (“User Content”). We make an effort to moderate profile content, but JAIDA is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal of Prohibited Content which has been reported to us. As part of that policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one of our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: jaidaapp@gmail.com

6. TERRITORIAL LIMITATIONS

By using the Service, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and JAIDA Privacy Policy, you are transferring your personal information to the United States and you consent to (1) such transfer, (2) the application of the laws of the United States and/or the State of California and Delaware with respect to any dispute arising from or related to the Privacy Policy and/or your use of JAIDA Properties, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Delaware, and (c) the exclusive jurisdiction of the courts of the United States and the State of Delaware. Any claim or dispute between you and JAIDA that arises in whole or in part from your use of the Website or in connection with the Privacy Policy will be decided exclusively by a court of competent jurisdiction located in Delaware County, Delaware, U.S.A. Each party hereby agrees that such court will have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

7. DISCLAIMERS

The JAIDA Properties and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind with respect to the JAIDA Properties and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then JAIDA hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from JAIDA, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. additionally, JAIDA does not make any warranties that the service will be uninterrupted, secure or error-free or that your use of the service will meet your expectations, or that the JAIDA Properties, content, or any portion thereof, is correct, accurate, or reliable. JAIDA reserves the right to change any part of the JAIDA Properties at any time without notice.

8. LIMITATIONS OF LIABILITY

Your use of the JAIDA Properties is at your own risk. Neither JAIDA, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the JAIDA properties or arising out of any action taken in response to or as a result of any content or other information available on the JAIDA properties, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if JAIDA was advised of the possibility of such damages. If you become dissatisfied in any way with the JAIDA properties, these terms, or its privacy policy, your sole and exclusive remedy is to stop your use of the JAIDA properties. You hereby waive any and all claims against JAIDA and its affiliates, agents, representatives, and licensors arising out of your use of the JAIDA properties. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of JAIDA and its affiliates will not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk.

9. DIGITAL MILLENIUM COPYRIGHT ACT

JAIDA is committed to respecting and protecting the legal rights of copyright owners. As such, JAIDA adheres to the following notice and take-down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to JAIDA’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following: 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

JAIDA’ s Copyright Agent to receive DMCA Takedown Notices is: email: jaidaapp@gmail.com

10. CHANGES TO THESE TERMS

Please note that the Terms are subject to change by JAIDA in its sole discretion at any time. When changes are made, JAIDA will make a new copy of the Terms available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using JAIDA Properties. Otherwise, your continued use of JAIDA Properties constitutes your acceptance of such change(s).

11. TERMINATION

JAIDA may cancel, suspend or block your use of JAIDA Properties without notice if there has been a violation (or suspected possible violation) of these Terms, as determined by JAIDA in its sole discretion. Your right to use JAIDA Properties will end once your registration is terminated, and any data you have stored on the Service may be unavailable later, unless JAIDA is required to retain it by law. You may terminate your registration at any time. JAIDA is not responsible or liable for any records or information made unavailable to you as a result of your termination of registration. You agree that JAIDA will not be liable to you or any other party for any termination of your access to the website, app, or service. Any limitations on liability that favor JAIDA will survive the expiration or termination of these Terms for any reason.

12. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:

Please read this Arbitration Agreement carefully. It is part of your contract with JAIDA and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver. 

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by JAIDA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and JAIDA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. 

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to JAIDA should be sent to: jaidaapp@gmail.comAfter the Notice is received, you and JAIDA may attempt to resolve the claim or dispute informally. If you and JAIDA do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. 

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. 

Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. 

Time Limits. If you or JAIDA pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. 

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and JAIDA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JAIDA. 

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and JAIDA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and JAIDA waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. 

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. 

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to the following address at JAIDA app, Inc., 16192 Coastal Hwy, Lewes, DE 19958, or email address at jaidaapp@gmail.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us. 

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. 

Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement. 

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with JAIDA. 

Small Claims Court. Notwithstanding the foregoing, either you or JAIDA may bring an individual action in small claims court. 

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. 

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. 

Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Sussex County, DE, for such purpose.

13. GOVERNING LAW

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

14. APPLICATION STORE ADDITIONAL TERMS & CONDITIONS

The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from an App Store. 

Acknowledgement. JAIDA and you acknowledge that this Agreement is concluded between JAIDA and you only, and not with the App Store, and JAIDA, not the App Store, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable. 

Scope of License. The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules. 

Maintenance and Support. JAIDA is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. JAIDA and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App. 

Warranty. JAIDA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be JAIDA’s sole responsibility. 

Product Claims. JAIDA and you acknowledge that the App Store is not responsible for addressing any claims made by you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit JAIDA’s liability to you beyond what is permitted by applicable law. 

Intellectual Property Rights. JAIDA and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, JAIDA, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

Developer Name and Address. JAIDA’ s contact information for any end-user questions, complaints, or claims with respect to App is set forth below. 

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App. 

Third Party Beneficiary. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

EXPORT CONTROL

You may not use, export, import, or transfer the JAIDA Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the JAIDA Properties, and any other applicable laws. In particular, but without limitation, the JAIDA Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the JAIDA Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by JAIDA are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer JAIDA’ s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

16. NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE

The communications between you and JAIDA use electronic means, whether you visit JAIDA Properties or send JAIDA e-mails, or whether JAIDA posts notices on JAIDA Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from JAIDA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that JAIDA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

MISCELLANEOUS

These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by JAIDA without restriction. JAIDA’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

QUESTIONS, COMPLAINTS, CLAIMS

If you have any questions, complaints or claims with respect to JAIDA Properties, please contact our Grievance Officer at: jaidaapp@gmail.com who will endeavor to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

jaidaapp@gmail.com