Terms of Service for Jen Services

Last Updated: 08/31/25

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

This Terms of Service Agreement ("**Agreement**") is a legally binding contract between Jen Services Inc. ("**Jen Services,**" "**we,**" "**us,**" "**our**") and the entity or person ("**you,**" "**your,**" "**Client**") who registers for or uses the AI customer service automation services provided by Jen Services.

By creating an account, accessing, or using the Jen Services platform (the "**Services**"), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. 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 to this Agreement.

1. Definitions

"*AI Models**" refers to the machine learning models, algorithms, and neural networks developed by Jen Services to power the Virtual Agents.

"*Client Data**" means all electronic data, information, and content submitted by you or your End-Users to the Services, including conversation logs, knowledge base content, and End-User personal data.

"*Documentation**" means the technical user documentation provided by Jen Services for the Services.

"*End-User**" means any individual who interacts with a Virtual Agent deployed by you.

"*Virtual Agent**" refers to the AI-powered customer service chatbot or assistant instance configured and deployed by you using the Services.

2. Account Registration and Security

* Eligibility: You must be at least 18 years old and have the legal capacity to enter into a contract to use the Services.

* Account Creation: You must provide accurate and complete information when creating an account and agree to keep this information up-to-date.

* Credentials: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

* Account Types: You may register for a free trial account ("**Trial Account**") or a paid subscription account ("**Subscription Account**").

3. Services and License

* License Grant: Subject to your compliance with this Agreement, Jen Services grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Documentation during the Subscription Term solely for your internal business purposes.

* Service Levels: We will use commercially reasonable efforts to make the Services available 24/7, excluding scheduled maintenance and any unavailability caused by force majeure events. Specific uptime commitments may be outlined in a separate Service Level Agreement (SLA).

* Modifications: We reserve the right to modify, enhance, or discontinue any aspect of the Services at any time. We will provide notice of material changes that adversely affect your use of the Services.

4. Client Responsibilities and Acceptable Use

* Compliance: You are solely responsible for your use of the Services and your End-Users' interactions with your Virtual Agent. You agree to use the Services in compliance with all applicable laws and regulations.

* Acceptable Use Policy (AUP): You agree not to use the Services to:

* Violate any law, statute, ordinance, or regulation.

* Infringe upon any third party's intellectual property rights.

* Send spam or unsolicited commercial messages.

* Engage in fraudulent, false, or misleading activities.

* Transmit any content that is harassing, abusive, defamatory, obscene, or otherwise objectionable.

* Introduce viruses, worms, or any other malicious code.

* Reverse engineer, decompile, or attempt to discover the source code of our AI Models or software.

* Use the Services to build a competitive product or service.

* End-User Privacy: You are solely responsible for:

* Providing a legally compliant privacy policy to your End-Users that discloses the use of an AI assistant and how their data is handled.

* Obtaining all necessary consents from End-Users for the collection, processing, and storage of their data through the Services.

* Responding to requests from End-Users regarding their personal data (e.g., access, deletion requests). Jen Services will provide reasonable assistance to you in fulfilling these obligations.

* Client Data: You retain all right, title, and interest in and to your Client Data. You grant Jen Services a worldwide, royalty-free, non-exclusive license to use, process, store, and reproduce Client Data solely for the purpose of providing, maintaining, and improving the Services. This includes the right to use de-identified, aggregated data for analytics and AI model training purposes.

5. Fees and Payment

* Subscription Fees: Access to Subscription Accounts is provided on a fee basis. You agree to pay all fees as specified in your chosen subscription plan ("**Fees**").

* Billing Cycle: Fees are billed in advance on a monthly or annual basis, as selected. All payment obligations are non-cancelable, and Fees paid are non-refundable.

* Price Changes: We reserve the right to change our Fees upon 30 days' advance notice. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the new amount.

* Taxes: Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes.

* Suspension for Non-Payment: We may suspend your access to the Services immediately if your payment is overdue.

6. Intellectual Property

* Jen Services IP: Jen Services retains all right, title, and interest in and to the Services, the underlying AI Models, the Documentation, and all related technology and intellectual property rights. Nothing in this Agreement constitutes a transfer of any intellectual property rights to you.

* Feedback: Any feedback, comments, or suggestions you provide regarding the Services may be used by us without any obligation to you.

7. Confidentiality

Both parties agree to hold each other's confidential information in confidence and not to use or disclose it except as necessary to perform under this Agreement or as required by law. "Confidential Information" includes non-public business, product, technology, and marketing information.

8. Data Processing and Security

* Roles: For personal data processed under this Agreement, the parties acknowledge that you are the "Data Controller" and Jen Services is the "Data Processor." Our data processing obligations are set forth in our Data Processing Addendum (DPA), which is incorporated by reference into this Agreement.

* Security: We will implement and maintain appropriate technical and organizational measures designed to protect the security and confidentiality of Client Data.

9. Term and Termination

* Term: This Agreement begins on the date you create an account and continues until terminated ("**Subscription Term**").

* Termination for Cause: Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for 30 days after written notice.

* Termination by Jen Services: We may terminate your account immediately for violations of our Acceptable Use Policy.

* Effect of Termination: Upon termination, your right to access and use the Services will cease. We may permanently delete your Client Data after a 30-day grace period, so we recommend you export your data prior to termination.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JEN SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JEN SERVICES, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

12. Indemnification

You agree to indemnify and hold harmless Jen Services from any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of this Agreement, your use of the Services, or your violation of any law or the rights of a third party.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of Manitoba, Canada, without regard to its conflict of laws principles. Any dispute arising under this Agreement shall be resolved in the courts located in Manitoba, Canada.

14. Miscellaneous

* Entire Agreement: This Agreement constitutes the entire agreement between you and Jen Services and supersedes all prior agreements.

* Severability: If any provision of this Agreement is held to be invalid, the remaining provisions will remain in full force and effect.

* Assignment: You may not assign this Agreement without our prior written consent.

* Notices: We may provide notice to you via email or by posting a notice on our website.

* Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control.

15. Contact Information

If you have any questions about this Terms of Service agreement, please contact us at:

Jen.Services

Email: [email protected]

Address: Jen Services, 383 Cairnsmore St. Winnipeg, Manitoba Canada