TERMS & CONDITIONS

Jollor is a set of online tools and services that provides social media monitoring, management and analytics (hereinafter the “Service”).

The Service is provided by Jollor, s.r.o., a company based in Prague, Czech Republic, with its registered office at Jankovcova 1603/47a, 170 00 Praha 7, Id. No. 01796917 (hereinafter “we” or “Provider”).

By registering on https://www.jollor.com (hereinafter “website”) you enter into a legally binding contract with us under the terms and conditions as stipulated in these Terms of Service. The legal terms of the relationship between you and us that are not expressly specified in these Terms of Service shall be governed by the law of the Czech Republic.

REGISTRATION

You must be a legal entity or a business professional aged 18 years or older to use the Service. To use the Service, you need to sign-up for a user account on our website.

When you sign up for the Service or make any changes to the setup of your user account, you must only use your current and accurate identification and payment information incl. a valid Tax Id. No. and Id. No. if applicable.

The user account login information is non-transferable and you shall be solely responsible for securing the access to the log-in information and liable for any abuse of the data resulting from disclosure of the log-in information to a third party or parties, whether intentional or caused by negligence.

When successfully registered you are entitled to invite your team to use the Service by sending them an invitation link to log in to the Service using their Facebook Connect service.

The Provider reserves the right to refuse the registration of a user account or suspend the access of any user or invited team member to the Service at any time.

TRIAL PERIOD

You are entitled to use the Service FOR FREE to an unlimited extent for the period of 14 days from your first sign-up. No credit card is needed for using the Service during the trial period.

You have the right to change the trial period to full subscription at any time during the trial period and the 10 days after its expiry. If you do not subscribe to any subscription plan within 10 days after the expiry of the trial period at the latest, your account and all data will be deleted.

PAYMENTS, UPGRADING AND DOWNGRADING

The Service is provided in the form of a subscription that renews automatically. You can choose one of the offered service plans and whether you want to pay in a 30-day cycle or annually.

The Service shall be charged in advance for the period of 30 days or one year according to the payment option selected. Until you cancel your user account, the subscription will be automatically renewed on the last day of your prepaid subscription period.

The specifications, limitations and features of the available service plans are available at www.jollor.com.

Each of the service plans enables you to monitor and use a different number of projects and keywords, provided that you do not exceed the limit for each particular channel or social network as stipulated in the price plan description. However, you are not limited by the number of your team members!

You are free to upgrade to a higher service plan or increase the number of the keywords at any time.

In case you reach the limit of keywords as provided within your current service plan, you may obtain new keywords for the price stipulated in our price list available on our website and in your account settings. The price for each additional keyword will be added to the subscription fee and calculated from the moment the new keyword was added.

If you decide to upgrade to a higher service plan during a period for which the subscription fee has already been paid, the amount following from this change shall apply to the remaining subscription period and shall be calculated proportionally to the subscription fee already paid and will be charged in the next billing cycle if you are paying monthly, or immediately if you are paying annually.

If you decide to downgrade the service to a lower service plan, you are free to do so only with the effect from the next billing cycle. In case you are paying your subscription fee on an annual basis you need to downgrade your service plan at least 30 days before the end of your current prepaid subscription period to ensure that the downgrade becomes effective from the beginning of the next billing cycle.

All payments for your subscription shall be made with your valid credit card. You shall provide only valid and accurate credit card information and keep it accurate and up-to-date throughout the time you use the Service. You agree to the payment of the subscription fee being made automatically based on the provided payment details. All payments will be made through a 3rd-party payment provider. We do not collect or store your credit card information.

Invoices and credit notes issued by Jollor are considered fully delivered to the customer at the moment they become available for viewing and downloading in the account settings. You will be notified by email of any invoice or credit note becoming available for viewing.

The Service requires a fully functional Internet connection. All costs associated with the Internet connection and the use of the Service on compatible end devices shall be borne by you.

TERMINATION AND CANCELLATION

You can cancel your account by delivering a termination notice to us.

If you are paying your subscription fee on monthly basis, the termination notice must be delivered to our e-mail address 5 days prior to the next renewal date at the latest. In case you are paying your subscription fee on annual basis, the termination notice must be delivered to our e-mail address 30 days before the end of your current prepaid subscription period at the latest. The termination notice is deemed delivered only if it is confirmed by us in a reply. Your subscription shall be validly cancelled on the last day of your prepaid subscription period.

We are entitled to terminate any user account at any time, especially due to breach of the present terms on the part of the user or due to withdrawal of consent to Personal Data processing.

By termination or cancellation of the user account, you shall lose your entitlement to receive any compensation payment or refund by the Service Provider and to access the Service and any contents created or saved by the users.

Termination or cancellation of the user account shall include deletion of all content inserted or shared by you and all your team members linked to the user account if such content is stored locally with the Service.

REFUND POLICY

The extent of use of the Service, use of the Service for only a part of the prepaid period, unavailability of the Service, discontinuation of operation of the Service, cancellation of a user account and any other facts shall not be deemed to constitute a right to any compensation or refunds for subscription fee already paid, unless expressly stipulated in these Terms.

In case you are paying your subscription fee on an annual basis and you cancel your user account due to a change in these Terms as stipulated in Section “Miscellaneous” below, you are entitled to request a pro rata refund of the fee that you already paid for the unused months of the Service between the date of your account cancellation and the last month of your already prepaid subscription period.

PERSONAL DATA & PRIVACY

The Service may be used only if you agree to your Personal Data being processed.

All information, including the extent and the manner of processing your Personal Data is included in the “Privacy Policy”, which forms an integral part of the present Terms of Service.

The user account shall be terminated in the event of withdrawal of consent to Personal Data processing.

INTELLECTUAL PROPERTY

The Provider owns and exercises all copyrights to the Service and all included works which constitute part of the Service as well as rights to all protected elements such as trademarks or patents related to the Service. You are entitled to use the Service and protected works only for your own internal needs.

You are not entitled to copy, reproduce, decompile, edit, process and translate the works that constitute part of the Service and modify them in any other way, not even for the purpose of removing defects or creating back-up copies; you are not entitled to analyze these works or source code in any way, disassemble and modify them in any other way.

You are not entitled to create any works derived from any previous works included in the Service. In particular, you are not entitled to develop any applications, as stand-alone products or components, derived from the Service, in whole or in part, for the use of or distribution by a third party by any means of distribution (including Internet or Internet-based services), and perform or offer any kind of services connected directly or indirectly with the Service, consulting, training, assistance, modification and development to any third party, regardless of the method of offering or performing such services (including Internet and Internet-based services).

Without an explicit consent of the Provider, you are not entitled to grant a license, sub-license or assign rights to any work which is part of the Service or make it available in any way other than that resulting from regular use.

When using the Service, you are not entitled to use any devices of other applications allowing for the monitoring or copying of the Service contents except for the tools offered by us and our Service and with the exception of storing temporary copies in the end device for the purposes of operation of the Service.

By using the Service, you grant us a territorially unrestricted non-exclusive right (for the period of existence of the user account) to use the data and the contents provided by you for the purpose of operating the Service.

WARRANTY AND LIABILITY

The Service is provided online and always in its current version; therefore, the range of features and functions may change and expand over time.

We are not a content provider. We are the provider of an online service which helps you to administer, operate, create, share and otherwise distribute your or third-party content to your audience and the public.

You are fully responsible for all information and content that you create and/or choose to post, share or otherwise distribute or make available to any third party or the general public when using the Service.

The Service is provided as online software as a service (SaaS) which allows you to connect, link or use otherwise a number of third-party products, services and networks (hereinafter “Third-Party Service”).

Your use of Third-Party Services is solely governed by the terms and privacy policy of the respective Third-Party Service providers (hereinafter “Third-Party Terms”). You undertake to fully comply with such Third-Party Terms.

You agree to hold us, as the providers of the Service, harmless and indemnify us, our officers and employees from any third-party claims arising from your use of the Service, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees.

The Service is being provided at a quality comparable to the services of the same kind and in accordance with the obligations arising from the present Terms of Service.

With regard to the technical complexity of the Service operation and the degree of dependence on third-party services, the Provider shall not be liable for any reduction of the Service quality and unavailability of the Service. We do not guarantee availability of Third-Party Services.

We reserve the right to temporarily limit or suspend the availability of the Service, in particular due to Service downtime, scheduled maintenance, and technical changes in the Service; we will use all reasonable effort to notify you of any service downtime in advance.

THE SERVICE IS PROVIDED AS IS WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS OF SERVICE. BY AGREEING TO THE PRESENT TERMS OF SERVICE, YOU WAIVE THE RIGHT TO ANY COMPENSATION FOR DAMAGE OR COMPENSATION (INCLUDING LOST PROFITS) INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, ESPECIALLY DUE TO REDUCTION OF SERVICE AVAILABILITY, SERVICE MALFUNCTION, SERVICE CANCELLATION OR OCCURRENCE OF ERRORS IN THE OPERATION OF THE SERVICE.

MISCELLANEOUS

You shall not use the Service in a manner that is at variance with these Terms of Service, the applicable Czech legislation and the laws, rules or regulations applicable in the place of your registered or actual office, including any laws regarding the transmission of technical data from the country where your registered or actual office is located.

You shall not authorize or encourage any third party to use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene or which contains viruses, malware, spyware or other harmful or abusive content as reasonably determined by us.

We are entitled to suspend or discontinue the Service or modify the scope of services provided at any time and for any reason without this giving rise to any entitlement to compensation and without the obligation to provide a notice in advance.

A termination/cancellation of your user account includes the deletion of all content inserted or shared by you and all your team members linked to the user account if such content is stored locally with the Service.

Termination/cancellation of the user account shall be deemed to constitute a termination of the contract between us; no compensations or refunds for the subscription fee already paid shall be provided.

We are entitled to change these Terms of Service for any reason from time to time.

The current version of the Terms of Service is always available at www.jollor.com. Any change of this Terms of Service shall be notified to you by e-mail or within the user account settings.

By using the Service after the new amended version of the Terms of Service being published, you consent and are required to adhere to the current version thereof.

In the event of disagreement with the new wording of the Terms of Service, you are entitled to cancel your user account within 5 business days from the notification of the change of this Terms of Service.

The parties agree that disputes arising in connection with the Service shall be referred to the courts having substantive jurisdiction and local jurisdiction based on the address of the registered office of the Provider.

These Terms of Service shall enter into effect upon publication on our website.

Terms of Service, version 1.0.
Published on July 11, 2014