Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and JCHT B.V. ("JCHT," "we," "us," or "our"), a Dept® company, governing your access to and use of the JCHT analytics aggregation platform, the website jcht.org, and any related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
Description of Service
JCHT provides a software-as-a-service platform that aggregates, processes, and manages analytics data from multiple sources. The Service enables customers to collect, combine, and analyze software analytics through a unified interface, APIs, and integrations with third-party tools. The specific features, functionality, and limitations of the Service depend on your subscription plan and are described on our Pricing page. We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice where practicable.
Account Registration
To use the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized access or use. We are not liable for any loss or damage arising from your failure to protect your account credentials. You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service.
Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable laws, regulations, or third-party rights
- Transmit, store, or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble the Service (except as permitted by applicable law)
- Use the Service to send spam, malware, or other malicious code
- Resell or sublicense the Service without our prior written consent
- Use the Service to collect personal information from individuals without proper consent or in violation of privacy laws
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that your use of the Service violates these Terms or poses a risk to the Service or other users.
Intellectual Property
JCHT and its licensors retain all right, title, and interest in and to the Service, including all software, technology, designs, trademarks, and other intellectual property. These Terms do not grant you any rights to our intellectual property except the limited, non-exclusive, non-transferable license to access and use the Service during the term of your subscription. You may not copy, modify, distribute, or create derivative works of the Service without our express written permission.
Data Processing
You retain all ownership and rights in the data you submit to the Service ("Customer Data"). You grant JCHT a limited license to use, process, and store Customer Data solely to provide and improve the Service. We act as a data processor with respect to Customer Data and process it in accordance with our Data Processing Agreement and applicable data protection laws. You are responsible for ensuring that you have the right to provide Customer Data to us and that your use of the Service complies with applicable privacy laws, including obtaining necessary consents.
Payment Terms
Fees for the Service are set forth on our Pricing page. By subscribing to a paid plan, you agree to pay all applicable fees in accordance with the billing terms in effect at the time of purchase. Fees are generally billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by law. We may change our pricing with at least 30 days' notice; continued use of the Service after a price change constitutes acceptance of the new pricing. You are responsible for any taxes applicable to your use of the Service.
Service Level Agreement
We target 99.9% uptime for the Service, measured monthly, excluding scheduled maintenance (which we will communicate in advance where practicable) and circumstances beyond our reasonable control. If we fail to meet this uptime target for paid plans, you may be eligible for service credits as described in our SLA documentation. The SLA does not apply to free tiers or preview features. Our sole obligation for SLA failures is the provision of service credits; we do not guarantee uninterrupted or error-free operation.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCHT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Termination
You may terminate your account at any time through the Service or by contacting us. We may suspend or terminate your account immediately if you breach these Terms or for any other reason with 30 days' notice. Upon termination, your right to use the Service ceases. We may retain your data for a reasonable period after termination as required by law or for legitimate business purposes. Provisions that by their nature should survive termination, including intellectual property, limitation of liability, and governing law, shall survive.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands, and you consent to the personal jurisdiction of such courts.
Changes to Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email or through the Service. Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.
Contact
For questions about these Terms of Service, please contact us:
- Email: legal@jcht.org
- JCHT B.V.
- Amsterdam, the Netherlands