TERMS OF USE

The following Terms of Use (“Terms”) govern your relationship with the Joygage application (the “Service”) operated Joygage, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or part, please do not use the Service.

1. Intellectual Property Rights

The Service and its original content, features, functionality, and associated graphics are owned by Joygage, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree not to attempt to reverse engineer, translate, create derivative works from, or obtain source code for the Service in anyway unless given permission in writing by the Company. If you believe that your intellectual property rights have been infringed upon by us, please contact us at wecare@joygage.com.

2. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and correct. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any other party. You must notify us upon becoming aware of any breach of security or unauthorized use of your account.

You may not store data to your account that is property of another person or entity other than you without appropriate authorization, or store information that violates any applicable laws.

3. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease.

4. Product Function

Joygage is a continuously improving service and is susceptible to bugs and other imperfections. We make no promises that it will fix or attempt to fix bugs or other imperfections. You may send bug reports and improvement suggestions to wecare@joygage.com.

5. Indemnity

You agree to hold harmless the Joygage Inc., its affiliates, and their respective officers and employees from any and all legal proceedings and any and all losses, liabilities, damages, and expenses incurred from your use of the Service, including downloading, installing, uninstalling, and using the Service, or your violation of this Agreement.

6.Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the state of Delaware, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

7. Warranties Disclaimer

We provide this Service as is without any express or implied warranties. We do not make any promises about the Service, including, but not limited to, its content, functions, reliability, or ability to meet your needs.

You understand and agree that your use of the Service is at your sole discretion and risk.

The Service is not intended for use while operating any vehicle or machinery.

8. Limitation of Liability

You understand and agree that Joygage, Inc. and its affiliates are not liable for any direct or indirect damage, liability, injury, or death that may occur during or because of your use of the Service, including loss of data or damage to your device, whether or not the company has been made aware of or should have been aware of the possibility of such occurring.

9. Changes

Joygage, Inc. reserves the right to change these terms periodically as it sees fit and your continued use of the Service will constitute your acceptance of any adjustment to these terms. If there are material changes to these terms you will receive notification of those changes. Changes to this document will be posted online before taking effect. You are advised to re-read this statement on a regular basis.

10. Miscellaneous

a. These Terms of Use constitute the entire Agreement between you and Joygage, Inc., and completely replace any prior agreements.

b. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such. All rights and provisions will still be available to the Company at any time.

11. Effective Date

This document is effective as of January 8, 2021.