Terms Of Use

Please read the following terms and conditions carefully before using the software. By using our software you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement, do not click the "Let's Do It!" registration button.

1. General

1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), which are owned and operated by JOEYUN Services Inc., the operator of the Jibbio.com website and its subsidiaries, affiliates, divisions and related companies ("JOEYUN Services Inc.").

1.2 JOEYUN Services Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by JOEYUN Services Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

2. Use of Web Service

2.1 You may not remove or modify any program markings or any notice of Jibbio’s proprietary rights;

2.2 You may not make the Jibbio programs or materials resulting from the services available in any manner to any third party for commercial purposes or for use in the third party’s business operations;

2.3 You may not use Jibbio programs or materials including printed and copyrighted content in any manner without an active Jibbio paid subscription. Expired, inactive, pending, and unpaid subscriptions are prohibited from using Jibbio programs or materials in any manner.

2.4 You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Jibbio;

2.5 You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, Jibbio programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement. The rights granted to you under the agreement are also conditioned on the following:

-the rights of any user licensed to use the services (e.g., on a “named user” basis) cannot be shared or used by more than one business or organization;

-except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and

-you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

3. Use and Restrictions

3.1 Use and Restrictions. Subject to the terms and conditions of this Agreement, you may access and use the Jibbio Web Services only through the login protocols provided to you, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by the Service Provider.

3.2. You will exercise and ensure that standards are in place to secure your login credentials by protecting password(s) and access to those that need to know.

3.3 You will be granted authorized login protocols for the Web Services, and you agree not to use the Web Services in excess of your authorized login protocols. You agree not to access (or attempt to access) the Web Services by any means other than through the login protocols we provide. You agree not to access (or attempt to access) the Web Services through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out on the Web Services.

3.4 You are not authorized to use our Web Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

Single Location Subscription

The number of Web Service subscriptions (Jibbio.com accounts) must match or exceed the number of computers on which the Web Service is available for use in a single location.

Example: If your company has five (5) locations, your company must purchase a minimum five (5) Web Service subscriptions for each location.

Each Web Service subscription may be used by more than one person simultaneously on unlimited computers at a single location.

Up to three different IP addresses may access a Jibbio account. Login attempts from additional locations will temporarily lock your account for one hour.

Jibbio.com offers multiple subscription packs of the Web Service. Purchasing a multiple subscription pack may be more cost effective than purchasing multiple single subscriptions. Subscription packs may be used at multiple locations and by one single company (legal entity). Subscription packs may not be distributed to different companies.

50% OFF Subscription

With an active Midsize Business subscription, an unlimited number of additional Midsize Business accounts can be purchased at 50% OFF. Accounts subscribed at the 50% OFF discounted rate can only be utilized for community organizations (e.g. Homeowner Association, condo, school, etc.) and not for commercial businesses. Any accounts subscribed at the 50% OFF rate by commercial businesses will automatically be cancelled without notification and require resubscription at the end of the billing cycle.

Volume discounts are available for businesses requiring multiple subscriptions for their commercial businesses and other operating locations. Contact askmia@jibbio.com for more details.

Audit

Based on Canadian and international copyright laws, JOEYUN Services Inc. reserves the right to check the legitimate use of the Web Service by accessing the Web Service for each subscription and monitoring usage internally or, in case of doubt, to have it audited by a third party (appointed auditor). The prerequisites for this are that there is a reasonable suspicion of misuse or that a single Web Service subscription is being used by multiple locations.

An audit will be announced in writing 30 days in advance and processed during regular business hours, avoiding disruptions to the general operations of the member. In order to ensure that this can be achieved, the Web Service member agrees to support JOEYUN Services Inc. appropriately. Both sides are committed to complying with privacy policies and to maintaining business and trade secrets. If the review reveals that the member has too few Web Service subscriptions, JOEYUN Services Inc. informs the member and bills the missing Web Service subscriptions for each location at the current conditions. The outstanding Web Service subscription fees must be paid within 30 days after receipt of the invoice. The costs on the part of the Web Service member are not covered by JOEYUN Services Inc.

4. Managing Content

JOEYUN Services Inc. does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, JOEYUN Services Inc. reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. JOEYUN Services Inc. shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. SMS Sending Policy

Compliance may seem like a hassle, but it is absolutely mandatory. Otherwise, you risk legal repercussions for non-compliance. For example, in 2012 “Papa John’s” in the USA agreed to pay over $16 million to settle a class action lawsuit brought against them for failure to get proper user consent.

To avoid legal consequences, Jibbio strongly advises its members to comply with the Telephone Consumer Protection Act (TCPA), which provides some basic consumer protection when it comes to SMS (text) marketing.

"However you decide to get consent, you should have a clear call to action associated with your opt-in mechanism."


Express Written Consent

According to the TCPA, customers must give businesses “express written consent” before the business sends them text messages. This written consent cannot be buried in a lengthy consent form full of legalese. Consent must be clear and conspicuous, so the recipient knows what they’re signing up for.

Even text messages that are merely informational require consent. Here are the different ways you can get customer consent and act as an opt-in to receive text messages from you:

  • Send a keyword to a shortcode
  • Enter a phone number on a web form online
  • Sign up at a physical location
It’s important to note that you are not allowed to require a user to opt-in to your text program as a condition to purchase property, goods or services.

You should have a clear call to action associated with your opt-in mechanism to obtain consent from the user.


Call to Action SMS Marketing

A call to action is the message that prompts the individual to opt in to your SMS campaign. It should consist of the following:

A) SMS Campaign Purpose
Let your subscribers know what they’re signing up for. Are they getting reminders? Coupons? Tips? Specify what you’re offering so that there are no surprises.

B) Message Frequency
Include the approximate number of messages the customer should expect to receive in a given week or month. This will prevent any unexpected or intrusive texts.

C) Message and Data Rates
Even though unlimited texting is has become more common, some users may have to pay a small fee to receive text messages, so you have to inform your subscribers that these charges may be incurred if they sign up to your program.

D) Terms and Conditions
List all the Terms and Conditions in full beneath the CTA or provide a link nearby. This list should contain:

  • The Identity of company/brand/program
  • Customer care contact information
  • Description of the product for which people are signing up to
  • Opt-out instructions in bold type (e.g. SMS “STOP” to [phone number] to unsubscribe)

Privacy Policy

List the Privacy Policy in full beneath the CTA or provide a link nearby.

All this information may seem overwhelming, but it’s actually quite simple.

Confirmation

Regardless of how they signed up, your very first text to any user must be a compliance message confirming opt-in. It should reiterate some important information, including:

  • Your identity
  • Message Frequency
  • That message and data rates may apply
  • How to opt-out


6. Account Types

6.1 Jibbio offers two different services as follows:

(i) Small Business: Includes AskMIA™ and the 3-in-1 Toolset
(ii) Midsize Business: Includes C2 & C.L.E.A.R., and the 3-in-1 Toolset

7. Refund Policy

7.1 There is a 30-day refund for Jibbio monthly and annual license subscriptions.

i) Small Business
ii) Midsize Business

7.2 The 30-day refund applies to new accounts only.

7.3 The 30-day refund is not applicable to monthly recurring payments (payments after thirty days of registration), and the refund is not applicable to annual license renewals (payments after first year subscription).

7.4 If you have purchased an annual license subscription, you acknowledge, accept, and agree that the annual license subscription will automatically be renewed for another year at the end of the annual billing cycle, and there are no refunds. If you wish to discontinue with the Web Service, you must cancel your subscription prior to your next annual billing date as instructed in the "Cancellation Policy" of Section 8 below.

8. Cancellation Policy

8.1 There are no contracts, no obligations, and you can cancel your Jibbio monthly or annual license subscription at any time.

To cancel: Log into your PayPal account and cancel your recurring payments profile with Jibbio. Upon cancellation, you will no longer be charged and your Jibbio account will automatically expire at the end of your billing cycle.

8.2 To honor the 50% OFF discounted rate for any additional Midsize Business subscriptions purchased by the initial Jibbio account holder, the initial Jibbio account subscription must have an active paying account. Cancellation of the initial Jibbio account subscription account will subsequently cancel all additional accounts purchased at the 50% OFF discounted rate without notification, at the end of each account billing cycle.

9. No Endorsement

9.1 JOEYUN Services Inc. does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of JOEYUN Services Inc. or its advertisers or sponsors.

9.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that JOEYUN Services Inc. is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

10. Indemnity

You agree to indemnify, defend and hold JOEYUN Services Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "JOEYUN Services Inc. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any JOEYUN Services Inc. Party in connection with any use or alleged use of the service under your Username by any person, whether or not authorized by you. JOEYUN Services Inc. reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with JOEYUN Services Inc.'s defence of such claim.

11. Termination of Service

JOEYUN Services Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, at any time for any reason without prior notice or liability. JOEYUN Services Inc. may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.

12. Disclaimer of Warranties; Limitation of Liability

12.1 The web service and the content are distributed on an "as is, as available" basis.

12.2 Neither JOEYUN Services Inc. nor any provider of third party content or their respective agents warrants that the web service will be uninterrupted or error free; nor does JOEYUN Services Inc., any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the web service or the content.

12.3 Neither JOEYUN Services Inc., third party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the web service, any content or any products or services sold through the web service.

12.4 Neither JOEYUN Services Inc. nor any third party content provider warrants that any files available for downloading or uploading through the web service will be free of viruses, trojans, hacks, breach of data, or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.

12.5 Neither JOEYUN Services Inc. nor any third party content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.

12.6 Some states and provinces do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states and provinces, the liability of JOEYUN Services Inc., third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

13. Investor Information

Investor relations materials on this web site are provided for convenience only, and speak only as of their original date or the date specified therein. Available information may change at any time and may not be reflected on this web site. JOEYUN Services Inc. disclaims any responsibility to update this web site.

14. Forward-Looking Statements

The statements contained in this site and other materials accessible through these pages that are not historical in nature are forward- looking statements that involve risks and uncertainties. Although management of JOEYUN Services Inc. believes that its expectations are based upon reasonable assumptions within the bounds of its knowledge of JOEYUN Services Inc.'s business, there can be no assurance that the Company's financial goals will be realized. Numerous factors may affect the Company's actual results and may cause results to differ materially from those expressed in forward-looking statements made by or on behalf of the Company. Factors that could cause actual results to differ materially include fluctuations in advertising revenue with general economic cycles; management's ability to identify, finance, complete and integrate acquisitions; the performance of Internet/Broadband trade shows and conferences; the seasonality of revenue from publishing and trade shows and conferences; the success of new products; increases in paper and postage cost; the infringement or invalidation of JOEYUN Services Inc.'s intellectual property rights; and the factors listed from time to time in JOEYUN Services Inc.'s reports filed with the Securities and Exchange Commission. JOEYUN Services Inc. does not undertake any obligation to publicly update or revise any forward-looking statements in this site whether as a result of new information, future events or otherwise.

15. Miscellaneous

This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada, and the parties irrevocably consent to bring any action to enforce this Agreement in the Ontario Provincial court located in Brampton, Ontario. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.

16. Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. 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 at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has 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 vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Email: copyright@jibbio.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

17. Contacts

Should you have any questions about this Web Service, you may contact us at privacy@jibbio.com


Updated: April 26, 2019