JewelKitPro Subscription Agreement
Effective Date: December 1, 2024
This Subscription Agreement ("Agreement") is entered into by and between JewelKitPro, a business registered in Belgium with registered office at Hopstraat 63,1000, Brussels, VAT number BE0975990809, ("JewelKitPro") and the individual or entity subscribing to the JewelKitPro platform ("Subscriber"). By subscribing to the JewelKitPro platform, you agree to the terms outlined in this Agreement.
1. Subscription Services
1.1 Grant of License:
JewelKitPro grants the Subscriber a limited, non-exclusive, non-transferable, revocable right to access and use the JewelKitPro digital library and associated services ("Services") under the terms of the selected subscription plan.
1.2 Subscription Plan Benefits:
The subscription includes access to the features and benefits associated with the Subscriber’s chosen plan, as detailed on JewelKitPro's website or other marketing materials.
1.3 Restrictions:
The Subscriber shall not:
- Share their login credentials or allow unauthorized access to the Services.
- Copy, modify, or distribute any content from the JewelKitPro platform except as expressly permitted by this Agreement.
1.4 Updates and Modifications:
JewelKitPro reserves the right to update, enhance, or discontinue any aspect of the Services at its discretion, provided that such changes do not materially diminish the core features of the chosen subscription plan.
2. Fees and Payment
2.1 Subscription Fees:
The Subscriber agrees to pay the subscription fee corresponding to their selected plan as displayed on the JewelKitPro website or otherwise communicated at the time of subscription.
2.2 Billing Cycle:
Payments will be automatically charged at the start of each billing cycle (monthly or annually, as applicable) to the payment method provided by the Subscriber.
2.3 Refund Policy:
All subscription fees are non-refundable, except as required by applicable law or as explicitly stated in JewelKitPro’s refund policy.
2.4 Taxes:
The Subscriber is responsible for any applicable taxes, duties, or fees associated with the subscription.
2.5 Late Payments:
In the event of a failed or late payment, JewelKitPro reserves the right to suspend or terminate access to the Services until the outstanding amounts are settled.
3. Term and Termination
3.1 Term:
This Agreement begins on the subscription date and continues until terminated by either party.
3.2 Cancellation by Subscriber:
The Subscriber may cancel their subscription at any time after one year has passed on the start date of the subscription by contacting JewelKitPro support. Upon cancellation:
- Access to the Services will cease at the end of the current billing period.
- No partial refunds will be provided for unused portions of the subscription.
3.3 Termination by JewelKitPro:
JewelKitPro may terminate this Agreement or suspend access to the Services immediately:
- In the event of non-payment.
- For violation of this Agreement or misuse of the platform.
- If required by applicable law or regulatory authority.
3.4 Effect of Termination:
Upon termination, the Subscriber loses all rights to access the JewelKitPro digital library or use its components and associated services.
4. Intellectual Property Rights
4.1 JewelKitPro’s Intellectual Property:
All content provided by JewelKitPro, including but not limited to digital library components, software, trademarks, logos, and associated materials, are the exclusive intellectual property of JewelKitPro.
4.2 Subscriber-Generated Designs:
Any designs or creations generated by the Subscriber using the Services remain the Subscriber’s intellectual property. JewelKitPro disclaims any ownership or claims over Subscriber-generated content.
4.3 License to Feedback:
The Subscriber grants JewelKitPro a royalty-free, worldwide license to use any feedback, suggestions, or improvements provided by the Subscriber for the improvement of the Services.
5. Confidentiality
5.1 Protection of Information:
Both parties agree to protect any non-public information disclosed in connection with this Agreement and not to disclose such information to third parties without prior written consent.
5.2 Exceptions:
Confidentiality obligations do not apply to information that is:
- Publicly available without breach of this Agreement.
- Disclosed under legal obligation.
6. Limitation of Liability
6.1 Disclaimer of Warranties:
JewelKitPro provides the Services "as is" and "as available" without any warranty of any kind, express or implied.
6.2 Limitation of Liability:
To the fullest extent permitted by law, JewelKitPro shall not be liable for:
- Indirect, consequential, or incidental damages.
- Loss of data, revenue, or profits arising from the use or inability to use the Services.
6.3 Aggregate Liability:
In no event shall JewelKitPro’s aggregate liability exceed the total subscription fees paid by the Subscriber in the preceding 12 months.
7. Governing Law and Dispute Resolution
7.1 Governing Law:
This Agreement is governed by and construed in accordance with the laws of Belgium, without regard to its conflict of laws principles.
7.2 Dispute Resolution:
Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved amicably. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the competent courts in Brussels, Belgium.
8. Miscellaneous
8.1 Entire Agreement:
This Agreement constitutes the entire understanding between the parties concerning the subscription and supersedes all prior agreements.
8.2 Amendments:
JewelKitPro reserves the right to amend this Agreement by providing notice to Subscribers. Continued use of the Services constitutes acceptance of the updated terms.
8.3 Severability:
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in effect.
8.4 Assignment:
Subscribers may not assign or transfer their rights under this Agreement without prior written consent from JewelKitPro.
By subscribing to a JewelKitPro plan, you acknowledge that you have read, understood, and agree to this Agreement.