TiJUBU END USERS TERMS OF SERVICE
1. Introduction
Welcome to the incredible journey of you becoming you.
TiJUBU and Truleadership, Unipessoal, Lda., its legal entity, (collectively, “TiJUBU”, “Truleadership”,“Trulea”, “Company”, “the Services,” “we,” “us,” or “our”) welcome you (the “User”, “you” or “your”) to our website at https://tijubu.com/ as well as to any additional website, webpages (such as landing pages for marketing purposes) and/or mobile applications owned and/or operated by TiJUBU (collectively, the “Site”), that allows for free or trial version or demo, or usage by the paying customer's (the “Customer”) end users to our web-based and mobile platform (collectively, the “Service” or “Services”).
2. Acceptance of Terms
Please read these End Users Terms of Service carefully before you start using the Site and/or Services. Unless otherwise agreed by Trulea in writing, by entering, connecting to, accessing or using the Site and/or the Services you acknowledge that you have read and understood the following End Users Terms of Service, including the terms of our “Privacy Policy” available at https://tijubu.com/privacy-policy collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and Services. Furthermore, you acknowledge and agree that these Terms constitute a binding and enforceable legal contract between you and TiJUBU.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SITE AND/OR SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CONNECT, ACCESS OR USE THE SITE OR THE SERVICES IN ANY MANNER. ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS BEING LICENSED AND NOT SOLD TO YOU.
By accepting these Terms, you represent and warrant that any and all information you provide us through the Site and/or the Services is true, accurate and complete. The provision of false or fraudulent information is strictly prohibited.
PLEASE NOTE: TiJUBU IS NOT A LICENSED FINANCIAL PLANNER, RETIREMENT PLAN FIDUCIARY, REGISTERED REPRESENTATIVE, BROKER, DEALER OR TAX ADVISOR, NOR DOES IT REPRESENT ITSELF AS SUCH. THE SERVICE DOES NOT PROVIDE LEGAL, TAX OR FINANCIAL ADVICE AND SHOULD NOT BE USED AS YOUR SOURCE FOR MAKING ANY SUCH DECISIONS. WE STRONGLY RECOMMEND MAKING ALL YOUR FINANCIAL DECISIONS ON THE BASIS OF PROFESSIONAL AND AUTHORIZED ADVICE.
3. Changes to Terms
1. Right to Amend: We reserve the right to modify these Terms at any time.
2. Notification of Changes: Any changes become effective when posted on our website or otherwise communicated to you. Your continued use of the Services after any changes are posted will constitute acceptance of those changes.
4. Privacy Policy
Your use of the Services is also governed by our “Privacy Policy”, which explains how we collect, use, and disclose your personal information. By using our Services, you acknowledge that you have read and understood the “Privacy Policy” available at https://tijubu.com/privacy-policy.
5. User Accounts
1. Account Creation: To access certain features, you may be required to register for an account. You must provide accurate, current, and complete information during registration, and maintain it accordingly. You also acknowledge and agree that by creating an Account via third party social networks such as Google or LinkedIn, you grant TiJUBU access to your public profile on such services.
2. Confidentiality: You are responsible for keeping your login credentials secure and confidential.
3. Unauthorized Access: You acknowledge that your Account and password is personal to you and agree not to provide any other person with access to the Site and/or Services using your Account or password. If you suspect or become aware of any unauthorized use of your account, you must notify us immediately via our support assistant email.
6. Eligibility
You must be over the age that is considered to be the age of minors according to the law applicable to you to use the Site and Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are not a minor; and (ii) if the User of the Services is under the age of minority or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User's continued use of the Services subject to these Terms; (iii) that you have not previously been suspended or removed from the Services; and (iv) that your use of the Services is in compliance with any and all applicable laws and regulations.
7. User Representations And Undertakings
You represent and warrant at all times throughout your use of the Site and/or Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your use of the Site and/or the Services; (iii) your use of the Site and/or Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.
YOU AGREE THAT TiJUBU'S SERVICE PROVIDERS ARE A THIRD-PARTY BENEFICIARY OF THE ABOVE PROVISIONS, WITH ALL RIGHTS TO ENFORCE SUCH PROVISIONS AS IF SERVICE PROVIDER WERE A PARTY TO THIS AGREEMENT.
8. Permitted Use of the Services
1. License Grant:
Subject to these Terms, TiJUBU grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (at TiJUBU's discretion) right to access the Site and use the Services for personal or internal business purposes, subject to these Terms and in connection with websites, applications, or other web-based services that you own, license, or have a right to use.
2. Usage Restrictions and Prohibited Conduct:
Certain conduct is strictly prohibited on and/or with respect to the Site and/or Services. Your failure to comply with the provisions set forth below may result, in the termination or suspension of your access to the Site and/or Services, which is in TiJUBU's sole and absolute discretion, and may also expose you to civil and/or criminal liability.
Other than the rights expressly specified in the Terms, no other right or interest whatsoever is granted to you in connection with the Site and/or Services. Without limiting the foregoing, You agree not to, whether by yourself or anyone on your behalf:
(i) use the Site and/or Services for purposes other than the purposes for which it is intended as defined in the Terms
(ii) rent, lease, lend, sell, sublicense, assign, distribute, or transfer in whole or in part the right to use the Site and/or Services or any part thereof;
(iii) bypass or breach any security device or protection used by the Site and/or Services
(iv) input, upload, transmit, or otherwise provide to or through the Site and/or Services any information or materials that are unlawful or injurious, or that contain, transmit, or activate any harmful code;
(v) use the Site and/or Services in any illegal manner or in any way that infringes the right of any third party;
(vi) modify, adapt, edit, alter, abridge, translate, or otherwise change in any manner the content of the Site and/or Services, nor shall you create derivative works from the Site and/or Services;
(vii) collect any data from the Site and/or Services (by scraping or otherwise) unless allowed in the Site and/or Services or explicitly by TiJUBU in writing;
(viii) attempt to discover or gain access to the source code for the software underlying the Site and/or Services or reverse engineer, decode, modify, decrypt, extract, disassemble or decompile such software (including in order to (1) build a competitive product or service; (2) build a product using similar ideas, features, functions or graphics of the Site and/or Services; or (3) copy any ideas, features, functions or graphics of the Site and/or Services;
(ix) employ any hardware, software, device or technique to pool connections or reduce the number of devices or users that directly access or use the Site and/or Services in order to circumvent any restrictions on scope of authorized use contained in this agreement;
(x) obscure, amend or remove any copyright notice, trademark or other proprietary marking on, or visible during the operation or use of, the Site and/or Services or underlying software; (xi) attempt to gain unauthorized access to or interfere with the proper working of the Site and/or Services or the underlying software and, in particular, must not attempt to circumvent security, license control or other protection mechanisms, or tamper with, hack into or otherwise disrupt the Site and/or Services or software or any associated website, computer system, server, router or any other internet-connected device;
(xi) provide false identity information to gain access to or use the Site and/or Services;
(xii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site and/or Services; or
(xiii) use the Site and/or Services to: (1) upload, store, post, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any Intellectual Property Rights (as defined in the Agreement which is defined below) or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable or prohibited; (2) impersonate any person or entity or otherwise misrepresent the User's relationship with any person or entity; (3) engage in any fraudulent activity or further any fraudulent purpose; (4) “stalk” or otherwise harass another person or collect or store unauthorized personal data in relation to any individual; (5) transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); (6) transmit or distribute any virus and/or other code that has contaminating or destructive elements; and/or (7) otherwise engage in any unlawful activity; (8) attempt to override or circumvent any of the usage rules embedded into the Site and/or Services.
Any unauthorized reproduction, publication, further distribution or public exhibition of the TiJUBU content, in whole or in part, is strictly prohibited.
9. Intellectual Property
1. Ownership: The Site, the Services, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, TiJUBU’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and/or Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to TiJUBU, and are subject to copyright and other applicable intellectual property rights under Portugal’s and European Union laws, foreign laws and international conventions.
All logos and other proprietary identifiers used by TiJUBU in connection with the Site, Services, and other TiJUBU products and services, are all trademarks and/or trade names of TiJUBU, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Site and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to TiJUBU Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to TiJUBU Trademarks or the Third-Party Marks and you will not use any of these marks, unless expressly permitted to do so.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of TiJUBU and/or its licensors, including any copyright mark © or trademark ® or ™ contained in or accompanying the Site and/or Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of TiJUBU marks and logos, whether registered or not.
Except for the limited license granted in Section 8.1, no other rights or licenses are granted by implication or otherwise.
10. User Content
1. Content Ownership: You retain ownership of any data, information, or materials you upload to the Services (“User Content”).
2. License to TiJUBU:
1. By posting or uploading User Content, you grant TiJUBU a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, and display such User Content to the extent necessary to provide the Services.
2. The User acknowledges that in order to provide and/or further improve the Site and/or Services, we may transform User Content to anonymized, aggregated information (“Anonymized Data”). All Anonymized Data shall not be considered as User Content to the extent such data cannot be de-anonymized and TiJUBU may freely use such Anonymized Data.
3. Responsibility for Content: You are solely responsible for the accuracy, legality, and quality of your User Content.
11. Direct Marketing
You hereby agree that we may use your contact details provided by you through the Site for purpose of informing you regarding our products and/or Services, which may interest you, to contact you by telephone (including texting), and to send to you other marketing material, transmitted by e-mail, notices, and/or messages on the Site. You may revoke your consent to any individually targeted communications at any time by contacting us at dataprotection@tijubu.com.
12. Third-Party Services and Links
Our Services may contain links to third-party websites or services that are not owned or controlled by TiJUBU. We do not endorse or assume any responsibility for such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk.
13. Termination
1. Termination by You: You may stop using the Services at any time and may request deletion of your account.
2. Termination by TiJUBU: We reserve the right to suspend or terminate your access if we reasonably believe you have violated these Terms.
3. Effect of Termination: Upon termination, any rights granted to you under these Terms will immediately cease.
14. Disclaimers
1. No Warranty: The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.
2. No Guarantee: We do not warrant that the Services will be uninterrupted, error-free, or secure, nor that any content is accurate, complete, or current.
15. Limitation of Liability
To the fullest extent permitted by law, TiJUBU and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) the Services. Our total liability for any claim under these Terms, including any implied warranties, is limited to the amount you paid us for the use of the Services (or, if you have not made any payments, to the maximum extent permitted by applicable law).
16. Indemnification
You agree to indemnify and hold harmless TiJUBU, its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services or your violation of these Terms.
17. Governing Laws
1. Applicable Law: Portuguese law is applicable to the management, administration, use and enforceability of these Terms of Service and Conditions of Use. The parties irrevocably submit to the exclusive jurisdiction of the courts located in Lisbon, Portugal to settle any dispute arising out of these Terms.
2. Severability: If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in force.
3. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and TiJUBU regarding the Services, superseding any prior agreements.
4. No Waiver: Failure or delay by TiJUBU in enforcing any right under these Terms does not constitute a waiver of that right.
5. Assignment: You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may assign or transfer our rights under these Terms without restriction.
18. Contact Information
If you have any questions about these Terms or the Services, please contact us at: info@tijubu.com or at our offices in Rua do Açúcar, 76, Arm.4, 1950-009 Lisbon, Portugal.