Terms OF USE (“JUST” MOBILE APP)

  • 1. TERMS AND CONDITIONS OF USE GENERAL INFORMATION.

    By downloading, browsing, accessing or using this “JUST” mobile application (the APP), you agree to be bound by these Terms and Conditions of Use (Terms). Be aware that unwillingness or inability to read the Terms do not free you from following it in case you are legally capable and 18 y.o. or older. Terms govern your access and use of the APP itself, JUST website (just.ooo), APIs and any other services provided by JUST APP LLC, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”). We reserve the right to amend the Terms at the time and in legally allowed approach we see fit. If you disagree with any of these Terms, you must immediately discontinue your use of the APP and the services offered by or via it. By accepting these Terms electronically (for example, clicking “I Agree”), accessing the APP or using its services, registering an account with JUST or performing any other activity foreseen by these Terms, you are accepting and agreeing to it, including any corresponding policies and guidelines.

  • 2. APPLICABLE DEFINITIONS.

    The following terms shall have the following meanings in all the text of the Terms, except where the context dictates otherwise:

    "Account" means an account created by a User on the APP as an integral part of Registration process.

    "Register" means to create an Account on the APP and "Registration" means the act of creating such an Account.

    "Services" means all the services provided by JUST APP LLC, via the APP and other legally allowed channels to Users, and "Service" means specifically any single one of them.

    "Users" means all users of the APP, including you and "User" means specifically any single one of them.

  • 3. GENERAL INFORMATION ON THE APP AND THE SERVICES

    • 3.1. Any use of any Services and/or the APP is an immediate subject to these Terms.
    • 3.2. Review our privacy policy located at "Privacy Policy" to make sure of our willingness to safeguard your private data. You must agree to all clauses of our Privacy Policy or should stop using the APP and any Services immediately.
    • 3.3. You are solely responsible for maintaining adequate level of security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you are required now or may be required in the future to access the APP and its Services. You will prevent unauthorized access to or use of the APP and its Services using your account credentials or private keys, and notify us promptly of any such unauthorized access or use. You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the APP and/or any of its Services on your behalf, unless we provide an approved mechanism for such use. You will notify us at support@just.ooo of any security breach of your account, system or network as soon as possible. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the APP and its Services using your account credentials or private keys, and any security breach of your account, system, or network, and provide us with the results of any third-party forensic investigation that you undertake. You will be responsible, and JUST APP LLC will have no liability for all activity that takes place with your account(s) accessed using your account(s) credentials, whether or not authorized by you.
    • 3.4. The provision of access to the APP and its Services does not include the provision of a mobile telephone or handheld device or other necessary equipment to access it. To use the APP and/or its Services, you will require an Internet connection and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider will not cease to apply when you start using the APP and agree to these Terms. As a result, you may be charged for access to mobile or other networks while using the APP and/or its services by third party/ies. You accept responsibility for any such charges and shall have no claims to JUST APP LLC arising from it.
    • 3.5. In case you are not the legal owner and the bill payer for the mobile telephone or any other handheld/desktop device/gadget being used to access the APP and/or its Services, you will be assumed to have received permission from such a person, thus freeing us from any possible claims or demands from him/her arising from your access to the APP and/or its services.
    • 3.6. By submitting any Content via the APP, you state and confirm that you are the owner of this Content or have proper authorization from the legal owner to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Content to promote any products or services or to use in any other legally allowed way.
    • 3.7. You must be at least 18 years old or of higher age if required by applicable law of your place of residence to register an APP account. You will provide JUST and its affiliates with accurate, current, and complete information about yourself as prompted by the registration process and keep such information updated. You authorize JUST to make inquiries it considers necessary to validate your identity and you agree that JUST may use third party service providers for that purpose.
    • 3.8. The APP and/or its Services may contain at the moment or in the future features designed to interoperate with a third party service, program, website or Content that is provided, owned or licensed by you or a third party. To use such features, you must procure Outside Applications from the providers of such and may be required to grant us access to your account on the Outside Applications. If you enable an Outside Application for use with the APP and/or its Services, you explicitly grant us permission to allow the provider of that Outside Application to access your information and End User Data as required for the interoperation of that Outside Application with the APP and/or its Services. We are not responsible for any disclosure, modification or deletion of Content or End User Data resulting from access by an Outside Application. If the provider of an Outside Application ceases to make the Outside Application available for interoperation with the corresponding APP and/or Services features on reasonable terms, we may cease providing those features without entitling you to any refund, credit, or other compensation.
    • 3.9. During your use of the APP and/or its Services, you may be made aware of or offered services, Content, features, products, Outside Applications, offers and promotions provided by some third parties. However, our inclusion or promotion of Third Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification, certification or monitoring of such Third Party Services by our team or JUST APP LLC Your acquisition of such Services, and any exchange of data between you and any outside provider, is exclusively between you and such provider. JUST does not warrant any and all Third Party Services in any way. Under no circumstances will we have any liability for any and all Third Party Services’ activities and the results of such. Be aware that you use Third Party Services at your own risk, and under terms and conditions between you and the provider of Third Party Services in question. JUST will not answer to any claims originating from any and all finance or reputation losses or any other harm you may experience by complying to Third Party Services and following their corresponding terms and conditions.
  • 4. ALERTS.
    • 4.1. You agree to receive pre-programmed notifications (“Alerts”) from the APP and/or its Services if you have turned on locational or other similar services on your mobile telephone or other handheld devices/gadgets.
  • 5. USER’S RESPONSIBILITIES.

    • 5.1. You confirm and warrant that all information provided during your Registration process is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the relevant information fields in your Account.
    • 5.2. It is your responsibility to ensure that any products, Samples or information available through the Mobile Application or the Services meet your specific requirements before making any Redemption.
    • 5.3. You agree not to use or permit and/or encourage anyone else to use the APP and/or its Services:
    • 5.3.1. to send or receive any Content which is not civil or tasteful;
    • 5.3.2. to send or receive any Content which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
    • 5.3.3. to send or receive any Content for which you have not obtained all necessary licenses and/or approvals (from JUST or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
    • 5.3.4. to send or receive any Content which is technically harmful for APP and/or its Services, for Users, for third parties etc., (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
    • 5.3.5. to cause annoyance, inconvenience or needless anxiety;
    • 5.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system or any other technically viable means;
    • 5.3.7. for a purpose other than which we have designed them or intended them to be used;
    • 5.3.8. for any fraudulent purpose;
    • 5.3.9. other than in conformance with accepted Internet practices and practices of any connected networks;
    • 5.3.10. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
    • 5.3.11. in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
    • 5.3.12. furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
    • 5.3.13. attempt to circumvent our security or network including to access data not intended for you, other Users or third parties, log into a server or account you, other Users and/or third parties are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
    • 5.3.14. execute any form of network monitoring which will intercept data not intended for you, other Users and/or third parties;
    • 5.3.15. enter into fraudulent interactions or transactions with us, other Users or third parties (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
    • 5.3.16. extract data from or hack into the APP and/or its Services;
    • 5.3.17. use the APP and/or its Services to perform or assist to perform a breach of these Terms;
    • 5.3.18. engage in any unlawful activity while using the APP and/or its Services;
    • 5.3.19. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other User and/or third party from enjoying the APP and/or its Services as we have envisioned.
  • 6. ABSENCE OF WARRANTIES AND JUST PREROGATIVES.

    • 6.1. JUST will use reasonable options and tools to correct any errors or omissions as soon as possible after being notified of them. However, we do not guarantee that the APP and/or its Services will be free of faults, and we do not accept any kind of liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at support@just.ooo
    • 6.2. JUST does not warrant that your use of the APP and/or its Services will be uninterrupted and we do not warrant that any information (or messages) transmitted via the APP and/or its Services shall reach its destination accurately, reliably, in a timely manner or shall do it at all. Notwithstanding that we will try to secure an uninterrupted access to the APP and its Services it may be suspended, restricted or terminated at any time. You hereby acknowledge this fact and shall restrain from any claims or demands to JUST APP LLC whether this situation arises.
    • 6.3. JUST does not give any warranty that the APP and/or its Services remains free from viruses or anything else which may have a harmful effect on any technology while it remains on your mobile phone and/or any other handheld or desktop device/gadget. Protection of your hardware and software from hostile influence is your sole responsibility. JUST may give you some reasonable advice as to how to protect your device/gadget, but it can be perceived only as a volunteer action and cannot be viewed as a basis for building any claims or demands.
    • 6.4. JUST reserves any and all rights to change, modify, substitute, suspend, withdraw or remove without notice any information or Services on the APP at any time as we see fit. Your access to the APP and/or its Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
    • 6.5. JUST reserves any and all rights to block access to and/or to edit or remove any Content which in our reasonable opinion may lead to or openly provoke a breach of these Terms.
  • 7. INDEMNIFICATION.
    • 7.1. You agree to indemnify and hold JUST APP LLC and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers, and licensors harmless from any claim, action, investigation or demand, including reasonable attorneys' fees, arising out of or relating to: (a) User Content; (b) use of the Web-page, the APP or any of its Services by you or under your account; or (c) your violation of these Terms or of any third party rights. JUST APP LLC will use commercially reasonable efforts to notify you of any such claim, action, investigation or demand that is subject to your indemnification obligation.
  • 8. LIMITATIONS OF LIABILITY.
    • 8.1. In no case shall JUST APP LLC, its subsidiaries, affiliates, officers, agents, employees, representatives, partners, suppliers, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, loss of digital assets, or user content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if any of the foregoing parties have been advised as to the possibility of such damages.
    • 8.2. In no case shall the aggregate liability of JUST APP LLC, its subsidiaries, affiliates, officers, agents, employees, representatives, partners, suppliers, and licensors liability arising from or relating to these Terms exceed the amount paid, if any, by you to JUST for the service in the six months before your claim arose. The foregoing limitation applies under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise.
    • 8.3. These limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
  • 9. ARBITRATION.
    • 9.1. You and JUST APP LLC agree that any dispute, claim or controversy arising out of or in connection with these Terms or any of the Services (including the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these terms to arbitrate) shall be determined by binding arbitration instead of in courts of general jurisdiction. The language to be used in the arbitral proceedings will be English. You agree that you and JUST are each waiving the right to a trial by jury and to participate in a class action. This arbitration provision shall survive any termination of other terms.
    • 9.2. The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under applicable law, and the parties waive any right to recover any such damages. Further, the arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, to modify, change or excuse performance of any material term of these Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator.
    • 9.3. The arbitration shall be administered by JAMS pursuant to International Arbitration Rules (in each case, the "Rules").
    • 9.4. The arbitration hearings will take place in a court of JUST’s choice in the Republic of Armenia.
    • 9.5. You and JUST APP LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and JUST agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
    • 9.6. Notwithstanding any other provision in this Section 9 to the contrary, either party will at all times be entitled to seek and obtain injunctive relief from infringement or threatened infringement of its intellectual property rights, or misappropriation of its trade secrets, in any court having jurisdiction. Each party agrees that notice of arbitration may be serviced by written notice as provided by Section 10.1.
  • 10. CHOICE OF LAW AND ALTERNATE FORUM.
    • 10.1. These Terms shall be governed by, subject to, and interpreted in accordance with the laws of the state of Republic of Armenia, each without regard to conflict of laws principles. The parties agree that these Terms and the transactions contemplated therein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If arbitration cannot be compelled under Section 9, then the parties (a) hereby irrevocably consent to the jurisdiction of, and venue in, any federal or court of competent jurisdiction located in the of Republic of Armenia for the purposes of adjudicating any action or proceeding to enforce these Terms, and (b) each party waives, to the fullest extent permitted by law, any objection that it may now or later have to such venue and any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
  • 11. CLAIMS OF INFRINGEMENT.
    • 11.1. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify JUST’s Copyright Agent: support@just.ooo.
  • 12. INTELLECTUAL PROPERTY
    • 12.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the APP are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our partners, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners, as the case may be.
    • 12.2. Nothing contained on the APP should be viewed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed without our written permission. Misuse of any trademarks or any other content displayed on the APP is prohibited.
    • 12.3. JUST APP LLC and its partners will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect our rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
  • 13. OTHER TERMS
    • 13.1. Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall be effectively given upon: (i) personal delivery, (ii) delivery of certified or registered mail, or by courier service, (iii) the first business day after sending by email. Notices shall be deemed to have been given, delivered and received upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of delivery identified by the applicable postal service on any return receipt card or confirmation by courier service, even if such delivery was refused. Notices to you will be addressed using the contact information you provided to us in connection with your account. Notices to us will be address to us at our contact information below. Either party may update their contact information for notice purposes by giving the other party appropriate notice under this Section 13.1.

      Our address for notices: ZAVARYAN STREET 12/1, 0018, YEREVAN, ARMENIA

    • 13.2. These Terms, including the Privacy Policy and other terms, policies and guidelines incorporated by reference, constitute the entire agreement between you and JUST APP LLC and govern your use of the APP and each and all of its Services.
    • 13.3. Regardless of any statute or law to the contrary, any claim or cause of action arising out of a breach of these Terms or your use of the APP and/or its Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation will not apply to misappropriation or infringement of intellectual property rights.
    • 13.4. JUST APP LLC and you are not legal partners or agents of any sort of each other; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. You may not assign or delegate these Terms, your obligations, rights or responsibilities. Any attempt by you to do so is void. JUST may assign or delegate these Terms, its obligations, rights and responsibilities, in whole or in part, at any time with or without notice to you.
    • 13.5. If you are a U.S. government entity, you acknowledge that any software and documentation that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
    • 13.6. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.
    • 13.7. If you are using the APP and/or its Services on behalf of an organization, you are agreeing to these Terms for that organization and guarantee to JUST APP LLC that you have the legal authority to bind that organization to these Terms. Nevertheless, each individual that uses the APP and/or its Service or accepts these Terms on behalf of an organization agrees that the permissions given to JUST APP LLC under these Terms, and the restrictions and limitations to the rights of persons and entities using the APP and/o tots Services, apply to each such individual. You may use the APP and/or its Services only in compliance with these Terms and only if you have the legal power to form a contract with JUST APP LLC and are not barred under any applicable laws from doing so.

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