Terms of Service
Last Revision Date: Saturday, October 16, 2021.
Definitions - Whenever these Terms of Service mentions I, me, myself, mine and my, it refers toJoziel Paula Novais.
- Whenever these Terms of Service mentions JodimNotes, it refers to my website that can be accessed via the URL:jodimnotes.com
- Whenever these Terms of Service mentions device, it refers to any internet connected device such as a phone, tablet, computer or any other device that can be used to access JodimNotes.
- Whenever these Terms of Service mentions you and your, it refers to the person, company or organization that access JodimNotes.
- Whenever these Terms of Service mentions account, it refers to the account that is created and registered when you sign up on JodimNotes.
- Whenever these Terms of Service mentions product, it refers to JodimNotes’ Creation Plan, which grants you the ability to add new journal entries on your account. I sell this product on JodimNotes with subscriptions via recurring payments.
- Whenever these Terms of Service mentions third-party services, it refers to my partners that provide services to help me create, develop and distribute JodimNotes.
IMPORTANT Hello! I am Joziel, the JodimNotes creator and developer. I know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from me as you access JodimNotes, and what I expect from you.
These Terms of Service reflect the way my business works and the laws that apply to me. As a result, these Terms of Service help define my relationship with you as you interact with JodimNotes.
Furthermore, understanding these Terms of Service is important because they govern your use of JodimNotes.
Your Consent These Terms of Service apply to JodimNotes and any email or other type of communication between you and me via:
- Any email address with the domain name:jodimnotes.com
- Any phone number shown on emails, receipts and invoices relating to JodimNotes, sent from me and/or my third party services to you.
- JodimNotes’ Facebook page which can be accessed via the URL:facebook.com/jodimnotes
- JodimNotes’ Instagram profile which can be accessed via the URL:instagram.com/jodimnotes
- JodimNotes’ Twitter profile which can be accessed via the URL:twitter.com/jodimnotes
I’ve updated these Terms of Service to provide you with complete transparency into what is being set when you access JodimNotes.
By accessing JodimNotes to use any of its resources, services and/or content, you hereby consent to these Terms of Service, and indicate your acknowledgment and acceptance of these Terms of Service.
Service Description I provide JodimNotes to offer you a web-based service that allows you to create and maintain an online diary or journal. Once you have created your account, you will receive access to a private journal space where you can add, update, delete and save text in the form of various journal entries to such journal space, for a free trial period of 7 days, after which, you can buy my product in order to keep your ability to add new journal entries.
I don’t own your journal entries. You do. Everything that you write in JodimNotes is yours and unless shared or made public, is for your eyes only. Please, check out my
Privacy Policyto learn more about how your personal data is treated when you use JodimNotes.
If you’re under 13, please do not attempt to create an account on JodimNotes, and you must have your parent or legal guardian’s permission to use JodimNotes. Please have your parent or legal guardian read these Terms of Service with you.
If you’re a parent or legal guardian, and you allow your child to use JodimNotes, then these Terms of Service apply to you and you’re responsible for your child’s activity on JodimNotes.
I require that minors between the ages of 13 and 18 years, ask their parents or legal guardians for permission before attempting to create an account and/or use JodimNotes, and such parents or legal guardians must agree to these Terms of Service on behalf of such minors.
General Terms You are responsible for all activity that occurs under your account.
Your account must be registered by a human. Accounts registered by bots or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. I cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
To create your account and access some of the resources, services and content JodimNotes has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of JodimNotes that all the information you provide on JodimNotes will be correct, current and complete. If I believe the information you provide is not correct, current or complete, I have the right to refuse your access to JodimNotes or any of its resources, services and content, as well as to terminate or suspend your account at any time, without notice.
You agree to use JodimNotes only for the lawful purposes described in more detail in the Restrictions section below.
Restrictions JodimNotes is provided solely for non-commercial, personal use, and/or so that you may learn about it and what it provides. You agree not to, and you will not authorize others to:
- Use JodimNotes for any purpose other than the ones outlined above, including any commercial purpose, without my express prior written consent.
- License, sell, rent, lease, assign, distribute, transmit, co-brand, host, frame, outsource, disclose or otherwise commercially exploit JodimNotes or make it available anywhere other than at the URL:jodimnotes.com
- Modify, add to, subtract from, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of JodimNotes.
- Attempt to access any resource, service or content on JodimNotes that is not intended for you.
- Take any action that might compromise the security of JodimNotes, render it inaccessible to others or otherwise cause damage to it.
- Remove, alter or obscure any proprietary notice on JodimNotes, including any notice of copyright or trademark of my third-party services.
- Use JodimNotes in any manner that might interfere with the rights of my third-party services.
For purposes of these Terms of Service, to co-brand JodimNotes, means to display its name, logo, trademark, or other means of attribution or identification of it in such a manner as is reasonably likely to give a user the impression that you have the right to display, publish or distribute JodimNotes, or some of the resources, services and content accessible within it.
Agreement These Terms of Service are a contract and an agreement between you and me. The section headings used in this agreement are for convenience only and will not be given any legal import.
The entire agreement between you and me constitutes all the agreements regarding your use of JodimNotes including these Terms of Service, my
Privacy Policyand any other legal notices published by me on JodimNotes. This entire agreement also supersedes all prior and contemporaneous written or oral agreements and understandings between you and me concerning its subject matter, and cannot be changed or modified by you.
The laws of Brazil, excluding its conflicts of law rules, shall govern this entire agreement and your use of JodimNotes, which may also be subject to other local, state, national, or international laws.
You may be subject to additional terms and conditions that apply when you use or purchase other services from me, which I will provide to you at the time of such use or purchase.
License I grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use JodimNotes strictly in accordance with these Terms of Service.
Payment If you purchase my product, you agree to pay all fees or charges to your account for that product in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable.
Unless otherwise indicated in an order form, you must provide my payment service provider with a valid debit/credit card, which can be Visa, MasterCard, or any other debit/credit card issuer accepted by my payment service provider, as a condition to purchase my product.
Your debit/credit card issuer agreement governs your use of the designated debit/credit card account, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities with respect to your debit/credit card issuer.
By providing my payment service provider with your debit/credit card number and associated payment information, you agree that my payment service provider is authorized to verify your information immediately, and subsequently invoice your account for all fees and charges due and payable to me hereunder and that no additional notice or consent is required.
You agree to immediately notify my payment service provider of any change in your billing address or the debit/credit card used for payment hereunder.
I reserve the right at any time to change the price and billing methods for my product without notice, either immediately upon posting on JodimNotes or by delivering emails to you.
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and me for my product until I accept your order by a confirmatory email or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when buying my product.
Purchase Thanks for purchasing my product. I appreciate the fact that you like to buy the stuff I build. I also want to make sure you have a rewarding experience while you’re exploring, evaluating and purchasing my product.
As with any purchasing experience, there are terms and conditions that apply to transactions on JodimNotes and with my payment service provider. I’ll be as brief as I can. The main thing to remember is that by purchasing my product, you agree to these Terms of Service along with my
Privacy Policy.
If, for any reason, you are not completely satisfied with my product, don’t hesitate to
contact meand I will discuss any of the issues you are going through with my product.
In the event that you submit to me any feedback, comments, ideas, improvements, suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, with respect to any part of JodimNotes, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole and exclusive property of mine.
My affiliates and I shall have no obligations with respect to such submissions and may use the ideas contained in such submissions for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas. I shall be free to use, copy, modify, publish or redistribute such submissions in any way without any credit or any compensation to you whatsoever.
Third-Party Links JodimNotes may contain third-party links, which are links to third-party websites, which are websites that are not operated or controlled by me.
I have no control over and assume no responsibility for the resources, services, content, terms, conditions, practices, accuracy or opinions expressed in any third-party website, and such websites are not investigated, monitored or checked for accuracy or completeness by me.
If you click on a third-party link, you will be directed to another website referenced by that third-party link. I strongly advise you to check out and review the Terms of Service of every website you visit.
Availability You acknowledge and agree that I may stop permanently or temporarily, providing JodimNotes or any of its resources, services and content, to you or to users generally at my sole discretion, without prior notice to you. You may stop using JodimNotes at any time. You do not need to specifically inform me when you stop using JodimNotes.
You acknowledge and agree that if I disable the access to your account, you may be prevented from accessing JodimNotes or some of its resources, services and content, plus your account details or any files or other materials which is contained in your account.
I reserve the right to modify, suspend or discontinue, temporarily or permanently, JodimNotes or some of its resources, services and content, with or without notice and without liability to you. The availability information for JodimNotes is subject to change without notice.
Updates & Changes Website
I may from time to time provide updates to the resources, services and content on JodimNotes, which may include enhancements, improvements, patches, bug fixes, upgrades, additions, deletions and other modifications. These updates may modify, add or delete certain resources, services and content from JodimNotes.
By accessing JodimNotes you agree that:
- I have no obligation to provide any of these updates.
- I have no obligation to continue to provide or enable any particular resource, service or content from JodimNotes to you.
- I can provide these updates at any time without prior notice.
- All updates provided by me will be deemed to constitute an integral part of JodimNotes and therefore subject to these Terms of Service.
Terms
When deploying updates to JodimNotes, I may need to apply revisions to these Terms of Service so that they accurately reflect JodimNotes and its policies. These revisions may be applied by me at any time at my sole discretion, which may change, modify and/or replace these Terms of Service.
Unless otherwise required by law, before I apply any revision to these Terms of Service, I will notify you through JodimNotes, by a confirmatory email, or other appropriate means of communication, and give you an opportunity to review the new and revised Terms of Service before they go into effect.
If a revision to these Terms of Service is a material change, I will provide at least a 30 days’ notice prior to any new version of these Terms of Service taking effect. What constitutes a material change will be determined at my sole discretion.
If I decide to change these Terms of Service with any revision, I will post the changes on this page on the date when that revision is supposed to go into effect, and update the last revision date of these Terms of Service at the beginning of this page.
By continuing to access or use JodimNotes after any revision to these Terms of Service become effective, you agree to acknowledge, accept and be bound by the new and revised Terms of Service posted on this page.
If you do not agree to these Terms of Service or any revised version of these Terms of Service, you are no longer authorized to use JodimNotes and can delete your account.
Third-Party Services I may display, include or make available content from my third-party services, including data, information, applications and any other of their services, as well as provide links to their websites on JodimNotes.
I am a distributor and not a publisher of the content supplied by my third-party services, as such, you acknowledge and agree that I exercise no editorial control over such content and make no warranty or representation as to the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, reliability, currency of any information, content, service or resource provided through or accessible via JodimNotes, or any other aspect thereof.
I do not assume and shall not have any liability or responsibility to you or any other person or entity for any of my third-party services.
My third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to their Terms of Service.
Termination These Terms of Service are an agreement that shall remain in effect until terminated by you or me. I may, at my sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without prior notice.
This agreement will terminate immediately, without prior notice from myself, in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting JodimNotes and all copies thereof from your device. Upon termination of this agreement, you shall cease all use of JodimNotes and delete all copies thereof from your device.
The termination of this agreement will not limit any of my rights or remedies at law or in equity in case of breach by you of any of your obligations under this agreement during its term.
Copyright Infringement Notice If you are a copyright owner or such owner’s agent and believe any material on JodimNotes constitutes an infringement on your copyright, please
contact mesetting forth the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the material that is claimed to be infringing.
- Your contact information, including your address, telephone number and an email.
- A statement by you indicating that you have a good faith belief that the use of such material is not authorized by the copyright owners.
- A statement indicating that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification You agree to indemnify and hold me and my parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
- Use of JodimNotes.
- Violation of these Terms of Service or any law or regulation.
- Violation of any right of a third party.
No Warranties JodimNotes is provided to you AS IS and AS AVAILABLE and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, I, on my own behalf and on behalf of my affiliates and my respective licensors and service providers, specifically disclaims all warranties and representations in any content transmitted on or in connection with JodimNotes or on websites that may appear as links on JodimNotes, or in the products provided as a part of, or otherwise in connection with, JodimNotes, whether express, implied, statutory or otherwise, with respect to JodimNotes, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, non-infringement of third-party rights, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, I as well as my third-party services, provide no warranty or undertaking, and makes no representation or warranty of any kind, express or implied:
- That JodimNotes will meet your requirements and/or achieve any intended results.
- That JodimNotes will be compatible or work with any other software, other websites, systems or services.
- That JodimNotes will operate without interruptions or meet any performance or reliability standards.
- That JodimNotes will be uncorrupted, timely or error free.
- That any errors or defects on JodimNotes can or will be corrected.
- As to the operation or availability of JodimNotes, or the information, resources, services, content and materials or products included thereon.
- As to the accuracy, reliability, or currency of any information, resource, service or content provided through JodimNotes.
- That JodimNotes, its servers, the content, or emails sent from or on behalf of me are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
No oral advice or written information given by me or any of my affiliates, employees, officers, directors, agents, or the like will create a warranty.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability Considering these Terms of Service an agreement between you and me, notwithstanding any damages that you might incur, the entire liability of me and any of my suppliers under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the use of JodimNotes.
To the maximum extent permitted by applicable law, under no circumstances nor event, shall myself or my suppliers be liable for any special, incidental, direct, indirect, or consequential damages, or any damages whatsoever, including, but not limited to, damages for:
- Loss of profits.
- Loss of data or other information.
- Business interruption.
- Personal injury.
- Loss of privacy arising out of or in any way related to the use of or inability to use JodimNotes.
- Third-party software and/or third-party hardware used with JodimNotes, or otherwise in connection with any provision of this agreement.
The statement outlined above shall be valid in an action of contract, negligence or other tort, arising out of or in connection with the use, or the inability to use JodimNotes, even if I or any of my suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
I will not be responsible for any outcome that may occur during the course of usage of JodimNotes. If your use of JodimNotes results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. I reserve the right to revise the usage policy for JodimNotes in any moment.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability Considering these Terms of Service an agreement between you and me, if for any reason any provision of this agreement is deemed unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall continue in full force and effect.
No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and my failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
YOU AND I AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO JODIMNOTES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms of Service shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms of Service preclude further exercise of that or any other right granted herein.
Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of me. I will be entitled to injunctive or other equitable relief without the obligations of posting any bond or surety, in the event of any breach or anticipatory breach by you.
In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms and conditions in these Terms of Service shall govern.
Intellectual Property JodimNotes and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by me, its licensors or other providers of such material and are protected by Brazil and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without my express prior written permission, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of this material is prohibited.
Disputes For purposes of these Terms of Service, the term dispute means any dispute, claim, action, or other controversy between you and me concerning JodimNotes or these Terms of Service, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
Dispute will be given the broadest possible meaning allowable under law. This applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR MY INTELLECTUAL PROPERTY RIGHTS.
In the event of a dispute, you or I must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
I will send any Notice of Dispute to you by email. You must send any Notice of Dispute to me via email to:
dispute@jodimnotes.comYou and I will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or I may commence arbitration.
If you and me don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section.
You are giving up the right to litigate or participate in as a party or class member, all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Typographical Errors In the event a product and/or service is listed at an incorrect price or with incorrect information on JodimNotes due to typographical error, I shall have the right to refuse or cancel any orders placed for that product and/or service.
I shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your debit/credit card charged. If your debit/credit card has already been charged for the purchase and your order is canceled, I shall immediately issue a credit to your debit/credit card account or other payment account in the amount of the charge.
Location I operate and control JodimNotes from my office in Brazil. JodimNotes is not intended to be accessed by any person or entity in any jurisdiction or country where such access would be contrary to law or regulation.
Accordingly, those persons who choose to access JodimNotes from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Contact Please, don’t hesitate to contact me if you have any questions:
Contact 