UJATcare.com Inc.Scope of WorkWebsite Building Services Terms of Use

Effective Date January 15th, 2022

Welcome to UJATcare.com Inc. and our Scope of Work and Terms of Use governing all UJATcare.com website building, managed hosting and other secure hosting related services.

For your convenience we have listed the important legal terms that apply to each free or paid subscriber account to our NEXTGen home care business management suite and website builder as well as to anyone who visits our website. These terms are necessary in order to manage our mutual expectations and to provide you the best possible experience and benefit for the marketing and managing of your home care business. UJATcare.com Inc offers a wide range of home care business startup services and features and part of the terms and scope of work below may not be relevant to the specific home care business management services you use.

Everyone at UJATcare.com Inc. strives to be the best at what ever task(s) he or she is responsible for, but we can always improve and welcome any suggestions you have that will create a better experience for your home care business, caregivers, employees and clients when using UJATcare.com. So please write us on how we can improve by contacting us at support@ujatcare.com or using our UJATcare.com chat box to leave us an online message.

  • Introduction

    1. 1.1 Our PurposeS

      As a part of UJATcare.com services we offer our home care business startup account users functional websites with a domain and managed secure hosting to develop business marketing content and ideas for the online presence of your home care services. Each UJATcare.com company account comes with a website builder service with options for you to do it yourself, “DIY” or we do it for you, “WDI”. Our DIY tools allow startup business owners to build a home care business website and their on line public profile without being tech-savvy or having any design skills. As detailed below, UJATcare.com business account users can access numerous tools and features from ready to use pre-made websites with images and content already in place. Or easy to use drag and drop design tools for creating and publishing a home care business website of their own design. As a UJATcare.com home care business account you can also use our WDI services and then sit back and watch as the UJATcare.com AI builds you a professional and stunning website with help from the UJATcare.com design team. Our specialists will prepare content, select images, develop videos and connect mobile apps and other online and mobile online applications, tools and services. The websites created by you or for you are collectively referred to herein as (“User WebPlatform(s)”).

    2. 1.2 Legal Agreements
      1. These UJATcare.com Inc. Scope of Work (“Scope of Work”) and Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the UJATcare.com Inc. website(s) and found here www.ujatcare.com/legal (“UJATcare.com Inc. Website”, and collectively – the “UJATcare.com Inc. Legal Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the UJATcare.com Inc. Website, any and all the UJATcare.com Inc. mobile applications (the “UJATcare.com Inc. App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the UJATcare.com Inc. Website or the UJATcare.com Inc. App, collectively – the “UJATcare.com Inc. Services” or “Services”).

      2. The UJATcare.com Inc. Terms constitute a binding and enforceable legal contract between UJATcare.com Inc. and any affiliated companies and subsidiaries worldwide (“UJATcare.com Inc. ”, “us” or “we”) and you in relation to the use of any UJATcare.com Inc. Services - so please read them carefully.

      3. You may visit and/or use the UJATcare.com Inc. Services and/or the UJATcare.com Inc. App only if you fully agree to the UJATcare.com Inc. Terms - and by using and/or registering to any of the UJATcare.com Inc. Services, you signify and affirm your informed consent to these Terms of Use and any other UJATcare.com Inc. Terms applicable to your use of any UJATcare.com Inc. Services. If you do not read, fully understand and agree with the UJATcare.com Inc. Terms, you must immediately leave the UJATcare.com Inc. Website and avoid or discontinue all use of the UJATcare.com Inc. Services.

      4. By using our Services, you acknowledge that you have read our Privacy Policy available at Privacy Policy (“Privacy Policy”).

      5. These terms govern your use of the UJAT Digital Marketing and Virtual Office website or our services (collectively, “Services”) and any software that we include as part of the Services, including any applications, Content Files (including images and text, scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms.

    3. 1.3 User Account
      1. In order to access and use certain sections and features of the UJATcare.com Inc. Services, you must first register and create a home care business user account with UJATcare.com Inc. (“Company User Account”).

      2. If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the UJATcare.com Inc. services), make changes to your User WebPlatform(s), company emails, cloud storage, billing information, user Account data and manage permissions of employees, caregivers, consultants, clients and patients, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

      3. Therefore, we strongly encourage you to keep the log-in credentials of your Home Care Business User Account confidential, and to instead invite other Users to access your Company Account as an Employee or other User where you can manage their permissions. You should allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your Home Care Business User Account and/or User WebPlatforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

      4. You must provide accurate and complete information when registering your Home Care Business User Account and using the UJATcare.com Inc. services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact, and billing details, including your valid cell phone and e-mail address, as we may use it to identify and determine the actual and true owner of the Home Care Business User Account and/or User Content (as defined below) submitted to us.

      5. In case of a dispute on Home Care Business or other User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

      6. UJATcare.com Inc. will consider the owner of a User Account, User WebPlatform and/or User Content created and/or uploaded to the relevant UJATcare.com Inc. service, as the person or entity who has access to the mobile [cell] phone and e-mail address listed in UJATcare.com Inc. ’s records for such User Account under which such User WebPlatform or User Content was created.

      7. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, UJATcare.com Inc. will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User WebPlatform was connected to an external domain name (either imported or purchased as part of certain UJATcare.com Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on UJATcare.com Inc. ’s database, UJATcare.com Inc. will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, UJATcare.com Inc. will consider the organization as the actual owner of the domain, and therefore as the owner of the Home Care Business User Platform connected to such domain. In the event the Billing Information indicates one person as the owner of the Home Care Business User WebPlatform and the domain registration indicates a different owner, UJATcare.com Inc. shall consider the person registered as the owner of the domain connected to the UJATcare.com Inc. account as the owner of the User Platform.

      8. Notwithstanding the forgoing, UJATcare.com Inc. shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event UJATcare.com Inc. deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by UJATcare.com Inc.

  • 2 Your Obligations

    1. 2.1 You represent and warrant that:
      1. You are at least thirteen (18) years of age, and the country of your residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

      2. You understand that UJATcare.com does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

      3. And specifically, regarding your User Content:
      4. You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by UJATcare.com Services for you, to your Home Care Business User WebPlatform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a domain or subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

      5. You have (and will maintain) the full power, title, licenses, consents and authority to allow UJATcare.com Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

      6. The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your Home Care Business User Web Platforms visitors and users (“End Users”) reside, or for UJATcare.com and/or your End Users to access, import, copy, upload, use or possess in connection with the UJATcare.com Services;

      7. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

    2. 2.2 You undertake and agree to:
      1. Fully comply with all applicable laws and any other contractual terms which govern your use of the UJATcare.com Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

      2. Be solely responsible and liable with respect to any of the uses of the UJATcare.com Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the UJATcare.com Services);

      3. In addition to allowing UJATcare.com to regularly save and backup your WebPlatform(s) you will also independently save and backup any of your User Content and the information that is being processed by you regarding your User WebPlatform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

      4. Receive from time to time promotional messages and materials from UJATcare.com or its partners, by mail, e-mail, SMS text message, phone call or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time;

      5. Allow UJATcare.com to use in perpetuity, worldwide and free of charge, any version of your Home Care Business User WebPlatform (or any part thereof) for any of UJATcare.com’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against UJATcare.com or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User WebPlatform with respect to such limited permitted uses;

      6. Allow, at UJATcare.com Inc’s sole discretion to determine the means, manner, and method for performing the UJATcare.com Services, including those regarding the hosting, transmission, publication and/or display of any Home Care Business User WebPlatform and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

      7. Allow, UJATcare.com Inc, the right to offer the UJATcare.com Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the UJATcare.com Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, number of users allowed under your Home Care Business Account(s), access to mobile applications or devices, etc.

      8. The Home Care Business User shall be responsible without limitation for the transmitting their Home Care Business registration information and required Data to UJATcare.com, and for ensuring that the Data transmitted in conjunction with the the information to be displayed on your Home Care Business WebPlatform(s) or website, including but not limited to the Company name, address, home care services you will offer, the days and hours of business operation, necessary for enrolment of your Home Care Business, and for the Services displayed on your WebPlatform to be accurate, complete and in the form as requested by UJATcare.com Inc.

      9. That you will also be responsible for reviewing your Home Care Business account and WebPlatform(s) on a regular basis and for notifying UJATcare.com Inc promptly of any issues that need to be reported and resolved as well as for suspected unauthorized activity.

      10. That You shall (i) be responsible for your Users’ (employees, caregivers, clients, patients and consultants) compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Data and of the means by which Data were acquired, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify UJATcare.com Inc promptly of any such unauthorized access or use, (iv) keep any username and password confidential, (v) notify UJATcare.com Inc immediately upon learning of any unauthorized use of user name or password, (vi) maintain commercially reasonable business practices in conjunction with use of the Services and comply with all applicable use policies, laws and regulations with respect to use of the Services, including but not limited to the Terms of Use, (vii) not use the Services for any Prohibited Activities, and (viii) use the Services only in accordance with applicable use policies, laws and government regulations.

      11. That you shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third- party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.

    3. 2.3 You agree and undertake not to:
      1. Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the UJATcare.com Website, the UJATcare.com Services (or any part thereof), any Content offered by UJATcare.com or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without UJATcare.com’s prior written and specific consent and/or as expressly permitted under the UJATcare.com Terms;

      2. Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of UJATcare.com or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

      3. Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

      4. Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the pci dss standard when applicable;

      5. Upload, insert, collect or otherwise make available within the UJATcare.com website or the UJATcare.com services (or any part thereof), any malicious, unlawful, defamatory or obscene content;

      6. Publish and/or make any use of the UJATcare.com services or licensed content on any website, media, network or system other than those provided by UJATcare.com, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the UJATcare.com services, licensed content and/or user platform (or any part thereof), except as expressly permitted by UJATcare.com, in advance and in writing;

      7. Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the UJATcare.com services (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any of the UJATcare.com services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the UJATcare.com services;

      8. Act in a manner which might be perceived as damaging to UJATcare.com’s reputation and goodwill or which may bring UJATcare.com into disrepute or harm;

      9. Purchase search engine or other pay per click keywords (such as google AdWords), or domain names that use UJATcare.com or UJATcare.com marks and/or variations and misspellings thereof;

      10. Impersonate any person or entity or provide false information on the UJATcare.com services and/or user platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to UJATcare.com and/or any end users;

      11. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that UJATcare.com or any third party endorses you, your user platform, your business, your user products, or any statement you make;

      12. Reverse look-up, trace, or seek to trace another user of UJATcare.com services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the UJATcare.com services and/or user platform without their express and informed consent;

      13. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the UJATcare.com services, user platform, the account of another user(s), or any other systems or networks connected to the UJATcare.com services, by hacking, password mining, or other illegitimate or prohibited means;

      14. Probe, scan, or test the vulnerability of the UJATcare.com services or any network connected to the UJATcare.com services;

      15. Upload to the UJATcare.com services and/or user platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, trojan horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

      16. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the UJATcare.com services or UJATcare.com’s systems or networks connected to the UJATcare.com services, or otherwise interfere with or disrupt the operation of any of the UJATcare.com services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

      17. Use any of the UJATcare.com services and/or user platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

      18. Access to UJATcare.com services, user accounts, licensed content and/or user content, through any means or technology (e.g. Scraping and crawling), other than our publicly supported interfaces.

      19. Sell, license, or exploit for any commercial purposes any use of or access to the licensed content and/or UJATcare.com services, except as expressly permitted by the UJATcare.com terms;

      20. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the UJATcare.com services and/or licensed content; or

      21. Violate, attempt to violate, or otherwise fail to comply with any of the UJATcare.com terms or any laws or requirements applicable to your use of the UJATcare.com services.

      22. Access or use the services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

      23. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your user account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such services.

    4. 3. Content and Ownership

      1. 3.1 Your Intellectual Property

        As between UJATcare.com Inc and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. UJATcare.com Inc does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

      2. 3.2 UJATcare.com Inc’s Intellectual Property
        1. All rights, title and interest in and to the UJATcare.com Inc Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the UJATcare.com Inc Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to UJATcare.com Inc.

        2. Subject to your full compliance with the UJATcare.com Inc Terms and timely payment of all applicable subscription Fees, UJATcare.com Inc hereby grants you, upon creating your Home Care Business User Account and for as long as UJATcare.com Inc wishes to provide you with the UJATcare.com Inc Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the UJATcare.com Inc Services and Licensed Content, for the purpose of generating and displaying your Home Care Business User WebPlatform to End Users and offering your Home Care business services (as defined below) therein, solely as expressly permitted under the UJATcare.com Inc Terms, and solely within the UJATcare.com Inc Services.

        3. The UJATcare.com Inc Terms do not convey any right or interest in or to UJATcare.com Inc’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the UJATcare.com Inc Terms constitutes an assignment or waiver of UJATcare.com Inc’s Intellectual Property rights under any law.

        4. In addition to the above, certain technologies and software, graphics and including but not limited to fonts are made available to you within the UJATcare.com Inc Services, are licensed to UJATcare.com Inc by a third party provider, and are therefore subject to additional license terms of such provider.

      3. 3.3 Feedback and Suggestions

        If you provide us with any suggestions, comments or other feedback relating to the UJATcare.com Inc Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by UJATcare.com Inc. By providing such Feedback to UJATcare.com Inc, you acknowledge and agree that it may be used by UJATcare.com Inc in order to: (i) further develop, customize and improve of the UJATcare.com Inc Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized UJATcare.com Inc -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which UJATcare.com Inc may use to provide and improve its services, (vi) to enhance UJATcare.com Inc data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to UJATcare.com Inc any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

    5. 4 Privacy

      1. Certain parts of the UJATcare.com Inc Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the UJATcare.com Inc Services, UJATcare.com Inc and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the UJATcare.com Inc Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

      1. Certain parts of the UJATcare.com Inc Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the UJATcare.com Inc Services, UJATcare.com Inc and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the UJATcare.com Inc Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

    6. 5 Service(s) and Fees

      1. 5.1 Paid Subscriptions.
      2. Home Care Businesses User may subscribe to the Services, and UJATcare.com shall provide the Services and hereby grants the User a non-exclusive, non-transferable, revocable worldwide right to use the UJATcare.com Inc Services subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by UJATcare.com Inc.

      3. 5.2 Free Trial.

        UJATcare.com may make one or more Services available to Home Care Business Users on a trial basis free of charge as set forth in the on-line Order Form. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY COMPANY OR USER DATA ENTERED INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU DURING THE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS AT THE END OF THE FREE TRIAL PERIOD YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL. DURING THE FREE TRIAL OR ANY BETA TRIAL THE SERVICE(S) ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

      4. 5.3 Term of Purchased User Subscriptions.

        User subscriptions purchased by Home Care Business Users commence on the date when you first registered for the Services offered by UJATcare.com Inc and continue until the earlier of cancellation or termination of the subscription. For purposes of billing, User subscriptions will be calculated toward the Service Fee calculation for the billing period immediately following any given month in which the User subscription was activated, either partially or fully, regardless of when during the preceding month a User subscription is activated or terminated.

      5. 5.4 Provision of Services.

        UJATcare.com Inc shall make the Services available to Home Care Business Account Users pursuant to this Agreement and the relevant Order Forms during a subscription term, [see hppts://ujatcare.com/pricing as specified in the Order Form. Each Home Care Business Account User agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by UJATcare.com Inc regarding future functionality or features.

      6. 5.5 Users.

        Unless otherwise specified in the applicable Order Form, Services are purchased pursuant to a Home Care Business Account User subscription and may be accessed by Users that register for the Services and agree to the Terms of Use, as amended from time to time.

      7. 5.6 Changes to Services.

        UJATcare.com Inc may modify the Services from time to time in it’s sole discretion, provided that UJATcare.com Inc shall make commercially reasonable efforts to ensure that such modifications shall not materially diminish the functionality of the Services

      8. 5.7 Services Availability.

        UJATcare.com Inc shall use commercially reasonable efforts to (i) make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond its reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays, and (ii) provide the Services only in accordance with applicable laws and government regulations.

      9. 5.8 Usage Limitations.

        UJATcare.com Inc. Home Care Business Service Subscriptions may be subject to other limitations, such as, for example:

        • limits on disk storage space;
        • on the number of users;
        • on the number of calls Home Care Business User Account is permitted to make against a UJATcare.com application programming interface (“API”);
        • the number of page views of the Home Care Business WebPlatform(s);
        • Additional limitations may apply in UJATCare.com Inc’s sole discretion based on the availability of third-party data storage and server hosting services;
      10. 5.9 Technical and Customer Support.

        UJATcare.com shall provide technical and customer support only as set forth in Exhibit B attached hereto and incorporated herein.

      11. 5.10 Fees
      12. The use of certain UJATcare.com Inc Services may be subject to payment of particular fees, as determined by UJATcare.com Inc in its sole discretion (“Paid Services” and “Fee(s)”, respectively). UJATcare.com Inc will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

      13. UJATcare.com Inc reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, UJATcare.com Inc shall have the right to automatically and without notice renew your subscription to such UJATcare.com Inc Service(s) at the full applicable Fee.

      14. All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by UJATcare.com Inc. To the extent permitted by law (and unless specified otherwise by UJATcare.com Inc in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the UJATcare.com Inc Services, or to any payments or purchases made by you. If UJATcare.com Inc is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). UJATcare.com Inc is not responsible for any such additional fees or costs.

      15. As part of registering or submitting information to receive Paid Services, you also authorize UJATcare.com Inc (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries UJATcare.com Inc or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

      16. You must keep a credit card stored with a UJATcare.com Inc or a designated secure 3rd party provider to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

      17. 5.12 Subscription Auto-Renewals
      18. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, UJATcare.com Inc will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, UJATcare.com Inc will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

      19. By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

      20. You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting UJATcare.com Inc Help Center.

      21. Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the UJATcare.com Inc Services you use (whether or not such UJATcare.com Inc Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any UJATcare.com Inc Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any UJATcare.com Inc Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against UJATcare.com Inc in relation to the discontinuation of any UJATcare.com Inc Services or Third Party Services, for whatever reason.

      22. 5.13 Money-Back Guarantee
      23. Refunds are applicable only to the initial purchase of UJATcare.com Inc services which is an upgrading of a free website by purchasing a Subscription Plan (as offered on the UJATcare.com Inc Website https://ujatcare.com/pricing). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of UJATcare.com Inc Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If UJATcare.com Inc receives such notice within such Refund Period, UJATcare.com Inc will refund to you the amount UJATcare.com Inc charged you for such UJATcare.com Inc Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. UJATcare.com Inc will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any UJATcare.com Inc Services actually received, as permitted by law.

      24. Please note: Certain services purchased on or through the UJATcare.com Inc Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the UJATcare.com Inc Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. UJATcare.com Inc will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.

      25. 5.14 Chargebacks

        If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your UJATcare.com Inc account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the UJATcare.com Inc Services may be automatically disabled or terminated.

      26. In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

      27. Your use of the UJATcare.com Inc Services will not resume until you re-subscribe for any such UJATcare.com Inc Services, and pay any applicable Fees in full, including any fees and expenses incurred by UJATcare.com Inc and/or any Third Party Services for each Chargeback received (including Fees for UJATcare.com Inc Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

      28. If you have any questions or concerns regarding a payment made to UJATcare.com Inc, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the UJATcare.com Inc Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the UJATcare.com Inc Services purchased (and charged-back) by you.

      29. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

      30. Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

      31. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

    7. 6 Cancellation

      1. 6.1 Cancellation by Use
      2. You may discontinue the use and request to cancel your Home Care Business User Account subscription and/or any UJATcare.com Inc services at any time, in accordance with the instructions available on the UJATcare.com Inc support. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the UJATcare.com Inc, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

      3. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

      4. 6.2 Cancellation by UJATcare.com Inc

        Failure to comply with any of the UJATcare.com Inc Terms and/or to pay any due Fee shall entitle UJATcare.com Inc to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related UJATcare.com Inc Services (e.g., Paid Services) or Third Party Services to you.

      5. 6.3 Loss of Data, Content and Capacity

        If your User Account or any UJATcare.com Inc Services or Third Party Services related to your User Account are canceled (whether at your request or at UJATcare.com Inc’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). UJATcare.com Inc shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any UJATcare.com Inc Services following their cancellation, as determined by UJATcare.com Inc in its sole discretion.

    8. 7 Appointments and E-Commerce

      1. UJATcare.com Inc services to Home Care businesses can also include certain features which enable you to schedule appointments, collect applications, and accept payment for services or goods through your User WebPlatform (“User Products”, and collectively – “E-Commerce”). You are solely responsible for these activities and any promotions and related Content contained or referred to in your User WebPlatform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your appointments, online payments, client accounts and online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User servers or products.

      2. By using any of our E-Commerce features, you acknowledge, warrant and agree that:
      3. a.) You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User services or products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
      4. b.) Any Taxes indicated by the E-Commerce features provided to you by UJATcare.com Inc are solely provided for illustration purposes only, and may not be relied on in any way;

      5. c.) You shall be responsible for and bear all costs of procuring and delivering your User Services and Products, and for providing them in a safe and professional manner, consistent with home health care industry standards;

      6. d.)You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Services and Products, and shall provide true contact information on your User WebPlatform for any questions, complaints or claims; and

      7. You may not offer or sell any User Services or Products, or provide any information, Content or material regarding User Services or Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

      8. UJATcare.com Inc may, at any time and at its sole discretion, suspend, disable access to or remove your User WebPlatform and/or any User Services or Products - whether or not incorporated, published with or made a part of your User WebPlatform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

    9. Video Services

      1. As part of the UJATcare.com Inc Services, UJATcare.com Inc may provide video services such as:
      2. The UJATcare.com Inc Home Care Business Video Endorse Me Application for managing Client, Patient, Employee and Caregiver Video profiles, testimonials and as a social media marketing services and for managing videos on YouTube and your User Home Care Business WebPlatform(s) (the "Video Services");

      3. The UJATcare.com Inc. Home Care Business Telemedicine Electronic Visit Verification [EVV} Application for managing video and imagery streams with embedded biometric data for monitoring, among other things, wound care, patient physical and mental progress and real time video stream communication to qualified experts, (the "Video Services");

      4. The use of the home healthcare video services for your User WebPlatform, may require that you receive a license to use certain patents and it is your own exclusive responsibility to decide whether your activity requires a License and to obtain it.

      5. In addition to the aforesaid Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold UJATcare.com Inc its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of any patent pool or patient healthcare data collected by you, your employees, caregivers and clients.

    10. 9. Third Party Services

      1. UJATcare.com Inc NEXTGen Home Care Business Management Suite and Services enable you to engage and procure certain third party services, products and tools for enhancing your User Home Care Business WebPlatform and your overall user experience, including, without limitation, domain registrars for the domain name for your User Website [WebPlatform], third Page 18 of 26 party applications and widgets offered via the UJATcare.com Inc (including the UJATcare.com Inc Market Place), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User WebPlatform, etc. (collectively, “Third Party Services”).

      2. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain UJATcare.com Inc Services, offered separately by UJATcare.com Inc or persons certified or authorized by UJATcare.com Inc, or otherwise offered anywhere on the UJATcare.com Inc Services), UJATcare.com Inc merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. UJATcare.com Inc will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

      3. You acknowledge that such services may require the payment of additional amounts to UJATcare.com Inc and/or to the providers of such Third-Party Services.

      4. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

      5. While we hope to avoid such instances, UJATcare.com Inc may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the UJATcare.com Inc Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

    11. 10 Misconduct and Copyrights

      1. 10.1 Misconduct and Abuse
        1. When using the UJATcare.com Inc Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against UJATcare.com Inc with respect thereto.

        2. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the UJATcare.com Inc Services, please immediately report such User and/or Third Party Service to us via support@ujatcare.com. You agree that your report shall not impose any responsibility or liability upon UJATcare.com Inc, and that UJATcare.com Inc may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

    12. 10.2 CopyrightsY

      1. UJATcare.com Inc acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit UJATcare.com Inc to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. UJATcare.com Inc’s Copyright Agent can be reached at the following address:

        UJATcare.com Inc. 24301 Walden Center DR.
        Suite 300, Bonita Springs,
        Attn: Copyright Agent
      2. In the event that UJATcare.com Inc receives notice regarding a copyright infringement related to your Home Care Business User WebPlatform, it may cancel your User Account, take your Home Care Business Website and Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section may be deemed accepted, applicable and compliant with the DMCA, or not, at UJATcare.com Inc’s sole reasonable discretion. UJATcare.com Inc reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

    13. 11 Disclaimer of Warranties

        1. We provide the UJATcare.com Inc Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of Home Care Business Account Users ability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the UJATcare.com Inc Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the UJATcare.com Inc Services – so please be sure to verify those before using or otherwise engaging them.

        2. UJATcare.com Inc may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

        3. Notwithstanding anything to the contrary in the foregoing, in no circumstances may UJATcare.com Inc be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the UJATcare.com Inc Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, UJATcare.com Inc shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

        4. You acknowledge that there are risks in using the UJATcare.com Inc Services and/or connecting and/or dealing with any Third Party Services through or in connection with UJATcare.com Inc Services, and that UJATcare.com Inc cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

        5. UJATcare.com Inc shall not bear any security or integrity obligations or risks regarding breach or damage to any content or data.

        6. Please note that certain UJATcare.com Inc Services are currently offered in their BETA version and undergoing BETA testing and that you acknowledge having read, and having been incorporated by reference in its entirety herein, the UJATcare.com Insider BETA Program Terms found at https://ujatcare.com/legal/android-beta-solution. You understand and agree that certain UJATcare.com Inc Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the UJATcare.com Inc Services at this BETA stage signifies your agreement to participate in such UJATcare.com Inc Services’ BETA testing. Please read our BETA

    14. 12 Limitation of Liability

      1. To the fullest extent permitted by law in each applicable jurisdiction, UJATcare.com Inc, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the UJATcare.com Inc Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the UJATcare.com Inc Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the UJATcare.com Inc Services; (6) events beyond the reasonable control of UJATcare.com Inc, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of UJATcare.com Inc Services.

      2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for UJATcare.com Inc’s services to you, and such limitations will apply even if UJATcare.com Inc has been advised of the possibility of such liabilities.

    15. 13 Indemnity

      You agree to defend, indemnify and hold harmless UJATcare.com Inc, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other UJATcare.com Inc Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the UJATcare.com Inc Services, including, without limitation, UJATcare.com Inc Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

    16. 14 General

      14.1 Changes & Updates
      1. UJATcare.com Inc reserves the right to change, suspend or terminate any of the UJATcare.com Inc Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the UJATcare.com Inc Services (including removal of any materials created by you in connection with the UJATcare.com Inc Services) for any reason and/or change any of the UJATcare.com Inc Terms with or without prior notice - at any time and in any manner.

      2. You agree that UJATcare.com Inc will not be liable to you or to any third party for any modification, suspension or discontinuance of those UJATcare.com Inc Services.

      3. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current UJATcare.com Inc Services without enabling such changes, or provide you with alternative Services.

    17. 15 Governing Law & Jurisdiction; Class Action Waiver

      1. The UJATcare.com Inc Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the UJATcare.com Inc Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the UJATcare.com Inc Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Florida, United States, without respect to its conflict of laws principles.

      2. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the State of Florida.

      3. Subject to any applicable law, all disputes between you and UJATcare.com Inc shall only be resolved on an individual basis and you shall not have the right to bring any claim against UJATcare.com Inc as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

      4. These terms and our relationship shall be governed by the laws of the United States and the State of Florida. Any disputes between us may only be brought before the state or district courts of Lee County, Florida.

    18. 16 Notices

      We may provide you with notices in any of the following methods: (1) via the UJATcare.com Inc Services, including by a banner or pop-up within the UJATcare.com Inc Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. UJATcare.com Inc’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

    19. 17 Relationship

      The UJATcare.com Inc Terms, and your use of the UJATcare.com Inc Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between UJATcare.com Inc and you.

    20. 18 Entire Agreement

      These Terms of Use, together with the UJATcare.com Inc Terms and any other legal or fee notices provided to you by UJATcare.com Inc, shall constitute the entire agreement between you and UJATcare.com Inc concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between UJATcare.com Inc and you, including those made by or between any of our respective representatives, with respect to any of the UJATcare.com Inc Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of UJATcare.com Inc in entering into any of the UJATcare.com Inc Terms.

    21. 19 Assignment

      UJATcare.com Inc may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the UJATcare.com Inc Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of UJATcare.com Inc. Any attempted or actual assignment thereof without UJATcare.com Inc’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to these Terms shall not in itself grant either UJATcare.com Inc or you the right to cancel any UJATcare.com Inc Services or Third Party Services then in effect.

    22. 20 Severability & Waivers

      If any provision of the UJATcare.com Inc Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the UJATcare.com Inc Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

    23. 21 Interpretation

      These Terms of Use were written in English.

    24. 22 Customer Service Contact

      To get in touch with our Customer Service - please use any of the options listed below:

      1 Go to UJATcare.com Inc Help Center in your UJATcare.com User account;

      2 Send an email message to support@ujatcare.com


      23.1 What You Get
    26. Ujatcare.com Inc offers paid memberships to home care businesses owners, independent home healthcare professionals and consultants, payors, patients, clients and their families. Pricing for these paid member subscriptions and features can be found at https://ujatcare.com/pricing . The building of a WebPlatform or Website is included only as a part of the UJATcare.com Inc “Pay when you grow – Entrepreneurs – For Startups” member subscription hereinafter “Startups”.

    27. 23.2 Included Websites for Startups
      1. UJATcare.com Inc, will provide to Startup subscribers a home care business or caregiver WebPlatform, also referred as a "website" or "online storefront" at no charge.

      2. The technology platforms to be used for the building of the Startup Website is solely at the discretion of the Company. The goal of this digital storefront is to provide the client with an online presence and to provide current and prospective customers with vital information about the client’s business operations.

      3. Completion of your Startup Home Care business digital storefront is highly dependent on you, the client, to provide content and other information to the Company in a timely manner. The Company is not responsible for delays as a result of you, the client, failing to provide information requested from you by Company technical, marketing or other support staff.

      4. You the Client will be provided a link from which you may choose an available TLD or "top level domain" name. Domain names should be short. The Company shall then purchase the said domain for the purpose of services to be provided to you the Client and the Purchase will be made in the name and under the Ownership of UJATCare.com Inc. exclusively with all the Ownership Rights including Transfer Rights reserved to UJATCare.com Inc. All later domain renewal fees for the TLD, when part of a Website hosted on UJATcare.com Inc servers, is included as a part of your UJATcare.com membership subscription. All domain purchases and transfers of domain ownership are governed by the Domain Registration Agreement.

      5. You, the client will be provided a link to an online web service where you may view sample Agency Digital Storefront as have been developed by the Company. You will have the opportunity to select one Digital Storefront and a TLD domain. The selected digital storefront will have the number of pages as specified on the Company’s list of available "digital storefronts" or "themes" and as may be offered from time to time by the Company and ordered by you, the Client.

      6. If You the Client already have purchased a TLD, then to accommodate our technology and services you the Client must agree to the transfer of that TLD to Company hosting services. The Company is not under any obligation to provide or support its email services technology, search engine and social media marketing support or other related services if you, the Client, host your domain on another hosting service. You the Client are responsible to manage the domain transfer process.

      7. After selecting a digital storefront theme, you the Client must complete information forms with all the content to be included in your Agency website. You may select a Digital Storefront where you, the Client, are required to submit to Company technicians using the Company support ticket system any new textual content as a text file and conforming to the technical specifications of the Storefront or you may choose to use the default content provided with the storefront. Company technicians will make modifications to the default content;

        a) only to the extent of the information as provided by you when completing the information form(s);

        b) will only replace “blocks” of the default content when provided the full replacement text;

      8. 8 Company technicians are not responsible to and will not;

        a) Proofread Your website content for spelling or grammatical errors;

        b) Ensure the factual accuracy of any Website content;

        c) Make minor editorial changes within the Website content, technicians will replace only blocks of content;

        d) Accept requests for website changes when not submitted in the correct format;

      9. You the Client may accept those default images included as part of the Agency Storefront theme you have selected. These images are licensed to the Company and cannot be copied, downloaded and used elsewhere without our express consent.

      10. If you the Client desires the development of custom written content or assistance in proofreading of any website content the Company, the UJATcare.com will provide these services to you for a fee. UJATcare.com contracts the services of professional writers, proofreaders and a graphics artist to design and digitally market your website. Fees vary according to your requirements.

      11. You the Client are responsible to provide text, images and other content in the form requested by Company technical support staff members. The Company is not required and will not accept materials from you the Client except in the specifications we have requested.

      12. You the Client must provide a logo with the artist graphic file attached to the form sent to the Company website builders. Logo graphics you provide must be made available to the Company in a compatible technology. This includes providing your Company Logo as an *.ai | Adobe illustrator file or *.png | portable networks graphics file. If you the Client do not have a logo the Company can assist you in securing a graphics artist to design your logo. There is a fee. And fees vary according to your requirements.

      13. You the Client may provide your own images | photos so long as you have proof to the right of use or own or license the copyright. Any images files you the Client provide must be according to the dimensions, file types and sizes as may be required by the theme you have selected. You the Client may accept those default images included as part of the Agency theme you have selected.

      14. The Company will then create your company digital storefront from the theme you the Client selected and from (1) the content and images you the client submitted; or (2) the default content using the graphics included in the design of the theme chosen by the client.

      15. The created digital storefront or website will work in all Grade-A browsers. It may operate on mobile devices, depending on the theme chosen.

      16. The Company will also provide you the Client with a web hosting and other services identified when ordering a digital storefront. These services are provided as a part of and according to your UJATcare.com member subscription and published on https://ujatcare.com/pricing and as changed from time to time.

      17. You, the Client, are responsible for paying for, renewing or canceling your member subscription according to a fee schedule as published by the Company on https://ujatcare.com/pricing .

      18. The Company, at its discretion, may suspend, terminate and delete all content found on any Company hosting service, including emails, if you, the Client, fail to renew and pay for the services in a timely manner.

      19. You the client will be provided a certain number of technical support hours to make improvements to your Website. With this Agreement you the Client acknowledge that after exhausting these hours there will be a FEE for any additional changes to the default appearance of the chosen digital storefront theme. That FEE will be established per hour or per item and announced from time to time and published at the discretion of the Company.

    28. 24 Calculations of time.
      1. The "term of service" starts from the day the service is made available to you the Client, and not from when you, the Client, first begin to use the service. The obligation of the Company is to make the service available to you the client and to execute those tasks required under the terms of service or product sold.

      2. The Time to "Reply" to you the Client after submitting a support request is 72 hours during a working week.

      3. The time to "Complete a Task" properly submitted as a Support Request is 5 working day not including the day the task was submitted

      4. With this Agreement you the Client acknowledges having read and understood the terms and conditions that follow.

    29. 25 Availability

      Pages describing UJATcare.com Inc services are accessible worldwide, but this does not mean all Services or service features are available, or that user-generated content available via the Services is legal in your state or country. We may block access to certain Services (or certain service features or content) in certain states or countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

    30. 26 Additional Terms

      Some Services or Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.

    31. 27 Modification

      We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable efforts to notify you before we make the change. We will also allow you a reasonable time to download your content. The terms of this Agreement expire 30 days after being submitted to the Client. If this Agreement expires, the Company may modify the Scope of Work.