This End-User License Agreement ("Agreement") is a binding agreement between you and the entity you represent ("you," "Customer") and JobGantry, operated by A & E Developments LTD ("JobGantry," "we," "us"). It governs your access to and use of the JobGantry website and application (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to this Agreement. If you do not agree, do not use the Service.
1. License grant
Subject to your compliance with this Agreement and payment of applicable fees, JobGantry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.
2. Accounts and eligibility
You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, for enabling appropriate security controls (such as two-factor authentication), and for all activity that occurs under your account.
3. Acceptable use and restrictions
You agree not to, and not to permit others to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to derive source code, except where permitted by law; (c) resell, sublicense, rent, or provide the Service to third parties as a service bureau; (d) access the Service to build a competing product; (e) interfere with or disrupt the integrity or performance of the Service; (f) circumvent security or access controls; (g) upload unlawful, infringing, or malicious content; or (h) use the Service in violation of applicable law.
4. Customer data and ownership
As between the parties, you retain all rights to the data you and your users submit to the Service ("Customer Data"). You grant JobGantry a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and support the Service, to prevent or address technical or security issues, and as otherwise permitted by our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights to submit it.
5. Third-party services and QuickBooks Online
The Service can interoperate with third-party services that you choose to connect, including QuickBooks Online. Your use of any third-party service is governed by that provider's own terms and privacy policy. When you connect QuickBooks Online, you authorize JobGantry to access and exchange data with Intuit as described in our Privacy Policy. JobGantry is not affiliated with, endorsed by, or sponsored by Intuit Inc., and we are not responsible for third-party services, which are provided "as is."
6. Fees, trials, and taxes
Paid plans are billed in advance on the cycle described at sign-up. Free trials, if offered, convert to a paid plan unless cancelled before the trial ends. Fees are non-refundable except as required by law. You are responsible for applicable taxes. We may change pricing prospectively with notice.
7. Confidentiality
Each party may access confidential information of the other. The receiving party will use such information only to perform under this Agreement and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party.
8. Intellectual property
The Service, including all software, design, and content (excluding Customer Data), is owned by JobGantry and its licensors and is protected by intellectual-property laws. Except for the license expressly granted to you, no rights are transferred. Feedback you provide may be used by us without restriction.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA SYNCED WITH THIRD-PARTY SERVICES WILL BE COMPLETE OR ACCURATE. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ACCOUNTING, TAX, OR LEGAL ADVICE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBGANTRY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You will defend, indemnify, and hold harmless JobGantry from and against claims, damages, and expenses arising from your Customer Data, your use of the Service, or your breach of this Agreement, except to the extent caused by JobGantry's gross negligence or willful misconduct.
12. Term and termination
This Agreement applies while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate access for non-payment or material breach. On termination, your license ends and we will make Customer Data available for export for a limited period, after which we may delete it in the ordinary course, subject to our Privacy Policy and legal retention obligations. Sections that by their nature should survive (including Sections 4, 8–11, and 13) survive termination.
13. Governing law and disputes
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the courts located there.
14. Changes to this Agreement
We may modify this Agreement from time to time. Material changes will be communicated through the Service or by email, and will become effective as stated in the notice. Your continued use of the Service after changes take effect constitutes acceptance.
15. Contact
Questions about this Agreement can be sent to legal@jobgantry.com.
A & E Developments LTD
199 Petworth Dr, Victoria, BC V9E 1J4, Canada