Terms & Conditions

1.1

Please read this Agreement carefully. By accessing, browsing, or otherwise using the Site and Company Products & Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the Site or Company Products. Please note that your access to and use of the Site and any Company Products is also subject to the Company's Privacy Policy.

1.2

You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Use" link on the Site. The revised terms and conditions will become effective at the time of posting. Any use of the Site or Company Products after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Site.

1.3 Eligibility

You must be at least 18 years old and have the legal authority to enter into this Agreement (whether on your own behalf or on behalf of an entity you represent). By using the Site or Company Products & Services, you represent and warrant that you meet these requirements.

For purposes of this Agreement:

3.1 Service Plans

jCloud Solutions offers various service plans for accessing our Company Products. Details of these plans, including pricing and features, are provided on the Site.

3.2 Billing

Subscription fees will be billed to you in advance on a recurring basis in accordance with your selected service plan. You authorize jCloud Solutions to charge your chosen payment method for these amounts.

3.3 Cancellation

You may cancel your service plan at any time. Upon cancellation, you will continue to have access to the Company Products provided under your plan through the end of your current billing period. No refunds will be issued for any unused portion of the month, and the subscription fee will not be prorated for early cancellations.

3.4 Changes to Service Plans

jCloud Solutions reserves the right to modify plans, including pricing and features. Changes will become effective at the start of the next billing cycle following the change. Your continued use of the Company Products after the change becomes effective constitutes your acceptance of the new terms.

3.5 One-Time Project Services

The Company offers one-time project services (e.g., website builds, AI automation, custom AI app development). Payment for any one-time project service constitutes your electronic signature and binding acceptance of the corresponding Proposal and Master Services Agreement under the U.S. ESIGN Act and applicable state laws. By submitting payment, you agree to be legally bound by those terms.

3.6 Failed Payments

If a payment fails, we will attempt to process it again. If payment continues to fail after 3 attempts, we may suspend or terminate your access to Company Products & Services until payment is resolved.

4.1 Use of AI Tools

You acknowledge and agree that the Company uses artificial intelligence tools, large language models (LLMs), and automated systems to design, develop, and deliver Company Products. AI may be used at various stages including, but not limited to, code generation, content creation, design, automation workflows, and customer interactions.

4.2 No Warranty on AI Output

While the Company reviews and refines AI-generated output, you acknowledge that:

4.3 Third-Party AI Providers

Company Products may incorporate services from third-party AI providers. The Company is not responsible for the availability, performance, accuracy, or content of third-party services. Your use of any Deliverables that integrate third-party AI may be subject to those providers' terms of service.

4.4 Evolving Technology

AI tools and platforms evolve rapidly. The Company reserves the right to substitute, update, or discontinue specific tools used in delivering services, provided such changes do not materially diminish the quality or functionality of Deliverables.

5.1 Client Content

You retain ownership of all content, data, materials, brand assets, and information you provide to the Company ("Client Content"). You warrant that:

5.2 Acceptable Use

You agree NOT to use the Site, Company Products, or any Deliverables to:

5.3 Compliance

You are responsible for ensuring your use of Deliverables complies with all laws applicable to your business, including but not limited to: data protection (GDPR, CCPA), accessibility (ADA, WCAG), advertising and consumer protection laws, and industry-specific regulations (HIPAA, PCI, etc.).

5.4 Account Security

You are responsible for maintaining the confidentiality of any login credentials provided. You must notify the Company immediately of any unauthorized access or security breach.

6.1 Company IP

The Company retains all rights, title, and interest in and to:

6.2 Client Ownership of Deliverables

Upon receipt of full payment for a project, Client owns the final Deliverables produced specifically for Client, including code, designs, and content, EXCEPT for any pre-existing or proprietary tools, libraries, frameworks, prompts, or systems used by the Company.

6.3 License to Use Client Content

You grant the Company a non-exclusive, royalty-free, worldwide license to use Client Content solely to provide Services. This license terminates when the engagement ends, except for portfolio and marketing use described below.

6.4 Portfolio & Marketing Rights

Unless you opt out in writing, the Company may display completed work, project descriptions, and Client name/logo in its portfolio, case studies, and marketing materials.

6.5 AI-Generated Output

Ownership of AI-generated content within Deliverables transfers to Client upon full payment, subject to the underlying AI provider's terms of service and the limitations of copyright law as applied to AI-generated works.

6.6 Feedback

Any feedback, suggestions, or ideas you provide about Company Products may be used by the Company without obligation or compensation.

8.1 Limited Warranty

The Company warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.

8.3 No Guarantees

The Company does not guarantee:

8.4 Third-Party Services

The Site and Company Products may rely on third-party services (hosting providers, AI APIs, payment processors, etc.). The Company is not responsible for outages, errors, or changes to these third-party services that may affect Company Products.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if the Company has been advised of the possibility of such damages.

Some jurisdictions do not allow limitation of certain damages. In those jurisdictions, the Company's liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless jCloud Solutions, its affiliates, officers, employees, and contractors from any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

11.1 Termination by You

You may stop using the Site at any time. Cancellation of paid services is governed by Section 3.3.

11.2 Termination by the Company

The Company may suspend or terminate your access to the Site or Company Products at any time, with or without notice, if:

11.3 Effect of Termination

Upon termination:

The Company may offer access to beta, alpha, or experimental features ("Beta Features"). These are provided "AS IS" without any warranty and may be modified or discontinued at any time. Your use of Beta Features is at your own risk.

The Company respects intellectual property rights. If you believe content on the Site infringes your copyright, please send a notice to jcloudsolutions.ai@gmail.com containing:

The Site is operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with local laws.

You may not use Company Products in violation of U.S. export laws or sanctions, including using them in embargoed countries or by sanctioned individuals/entities.

15.1 Informal Resolution

Before filing any legal claim, you agree to first attempt to resolve the dispute by emailing jcloudsolutions.ai@gmail.com. We agree to negotiate in good faith for at least 30 days.

15.2 Binding Arbitration

Any unresolved disputes will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in [Your State], USA, in English.

15.4 Jury Trial Waiver

Both parties waive any right to a jury trial.

15.5 Exceptions

Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorized access to systems.

This Agreement is governed by the laws of the State of [Your State], USA, without regard to its conflict of laws principles.

17.1 Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Proposal or Master Services Agreement, constitutes the entire agreement between you and the Company.

17.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

17.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign this Agreement without written consent. The Company may assign this Agreement freely.

17.5 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, war, terrorism, government action, internet outages, third-party service failures, etc.).

17.6 Relationship

Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship.

17.7 Notices

Notices to the Company should be sent to jcloudsolutions.ai@gmail.com. Notices to you may be sent to the email associated with your account.

17.8 Headings

Section headings are for convenience only and do not affect interpretation.

For questions about this Agreement, contact: