You agree that by registering on Jolicharts (the “Service”), or by using our website, you are entering into a legally binding agreement with Emerald Vision SA - 8 rue du Faubourg Poissonnière, 75010 Paris – France (“we,” “us,” “our,” and “Emerald Vision”) based on this terms of Service (referred to as the “Agreement”) and become a Jolicharts user (“User”).
This Agreement supersedes any prior agreements between you and Emerald Vision including prior iterations of the Terms of Service.
By clicking “Sign Up,” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one.
Modifications to the Terms of Service, the Service and Plans' rates
Emerald Vision reserves the right to update and change the Terms of Service at their discretion.
Any new features shall be subject to the most current Terms of Service. Continued use of Service after any such changes imply your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://jolicharts.com/home/home/terms.
Violation of any of the terms listed below will result in the immediate termination of your Service account.
Emerald Vision. reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
Emerald Vision. reserves the right to change the prices of any and all services upon 30 days notice.
License and warranty
You own the information you provide to Emerald Vision under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is not in violation of any contractual restrictions or other third party rights.
We may remove Content that we determine in our sole discretion are violating the terms of service, including but not limited to content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, explicitly obscene, generally objectionable or violating any party's intellectual property.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
(1) are 18 years of age or older;
(2) are using the Service for business purposes
(3) are not a competitor of Emerald Vision or are not using the Service for reasons that are in competition with Emerald Vision
(4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(5) will not violate any rights of Emerald Vision, including intellectual property rights and
(7) agree to provide at your cost all equipment, software, and internet access necessary to use the Service.
Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the signup process.
You agree to:
(1) Keep your password secure and confidential;
(2) not permit others to use your account - a single login shared by multiple people shall not be permitted
(3) refrain from using other Users’ accounts;
(4) refrain from selling, trading, or otherwise transferring your account to another party; and
(5) refrain from charging anyone for access to any portion of the Service, or any information therein.
You are responsible for maintaining the security of your account and password. Emerald Vision cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account, even when certain content is posted by others who have accounts under your account.
You may not use the Service for any illegal activities.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Service.
Payment and Refunds
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service bills in advance on a monthly or yearly basis according to the new plan’s rate and is non-refundable. There will be no refunds for partial months of service caused by account downgrades, cancellation or termination.
Your account subscription fees will be charged in EUR (Euros).
All fees exclude taxes, levies, or duties imposed by taxing authorities. VAT is additional whenever required by law. You shall be responsible for payment of all such taxes, levies, or duties.
Services will be delivered immediately upon successful payment of fees.
Upgrading and Downgrading
When you upgrade from the free plan to any paying plan, you will be billed for your first month immediately.
When you upgrade your subscription, the credit card provided will be automatically charged the new plan's rate immediately.
When you upgrade from a paying plan to another paying plan during the running billing period you will be billed immediately the monthly fee of the new plan decreased by a prorated amount of your current monthly fee for the remaining days in the running billing period.
When you downgrade to another plan, your current plan will be available until the end of the running billing period.
Emerald Vision does not accept any liability for such loss of content, features or capacity of account due to upgrading or downgrading your plan.
Cancellation and termination
It is your responsibility to ensure that your account has been properly cancelled. An arbitrary email requesting an account to be cancelled is not considered definitive. You can cancel your account at any time by selecting the “Profile” tab in the “Account” section of the app.
All of your Content will be deleted seven (7) days definitively after initiating deletion. During 7 days you have the possibility to restore your account by clicking on a link in the confirmation email sent to your email address after deleting your account. This information is irretrievable once deleted.
Your cancellation will be effective immediately once initiated. You will not be charged again from that point forth.
Emerald Vision has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Emerald Vision., in their sole discretion, reserves the right to refuse service to anyone for any reason at any time.
To terminate a paying plan you can downgrade to the free plan at any time.
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of France regardless of your country of origin or where you access the Service, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You and Emerald Vision agree that all claims arising out of or related to this Agreement must be resolved exclusively by a French court located in Paris, France, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Emerald Vision agree to submit to the personal jurisdiction of the courts located within Paris, France for the purpose of litigating all such claims. Notwithstanding the above, you agree that Emerald Vision shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than EUR 5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Your use of the Service is at your own risk.
Technical support is only available through our support centre.
You acknowledge and understand that Emerald Vision uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify another website so as to falsely imply that it is associated with the Service or Emerald Vision
Unless with explicit permission from Emerald Vision, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You must not transmit any worms, viruses or any other code of a destructive and furtive nature.
We reserve the right to immediately disable your account if your bandwidth usage exceeds the limit defined by the plan you selected; alternatively, we reserve the right to throttle your file hosting until you can reduce your bandwidth consumption.
Emerald Vision does not guarantee in any capacity that the service will meet your specific needs.
Emerald Vision does not guarantee that the service will be uninterrupted, secure or error-free, that the results that may be obtained from the use of the service will be definitively accurate or reliable at all times.
Emerald Vision cannot guarantee that any errors in the Service will be corrected at any time.
You hereby and explicitly understand and agree that Emerald Vision is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, data or other intangibles, by means of the use or the inability to use the service, unauthorized access to your data, or any other matter relating directly to the Service.
The failure of Emerald Vision to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Emerald Vision and supersedes any prior agreements between you and Emerald Vision including prior iterations of the Terms of Service.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.