TERM, TERMINATION, AND SUSPENSION
The term of this Agreement (“Term”) shall commence, and you may begin using the Services, when you agree to these Terms of Service by completing the registration process for your Account and begin to use the Services, or by clicking to agree to these Terms of Service when the option is made available to you. This Agreement shall remain in effect until terminated by you or us in accordance with this Section 4.
4.2 Termination by You for Convenience
You may terminate this Agreement for any reason or no reason at all, at your convenience, by:
(a) providing us written notice of termination in accordance with Section 16.2 below,
(b) closing your Account for any Service for which we provide an Account closing mechanism, or
(c) with respect to a Trial Account, through no action other than letting the trial period expire and never again accessing your Account.
4.2.1. Account Closure
If a Paid Service is subject to a minimum Service term, or has been prepaid for a defined period, your Account shall be closed immediately unless you specify that the Account is to be closed at the end of the minimum Service term described in the applicable Service Description on the Site at the time of purchase, or at the end of the prepaid period.
If such Paid Service requires an advance notice of termination (cancellation), your Account shall be closed at the end of the advance notice of termination (cancellation) period as described in the Service Description on the Site at the time of purchase.
Upon termination, all of your stored content and channels shall be removed from Jinercel Solutions’s servers and systems (i.e., Jinercel Solutions does not cache your social media platform credentials – your user name(s) and password(s) shall be deleted upon Account closure).
No refunds of prepaid, unused fees shall be issued due to your decision to close your Account unless (a) Jinercel Solutions has suffered a general network outage or problem which prevented you from using your Account for a period of at least seventy-two (72) consecutive hours, or (b) you have encountered other issues with access to the Site and our support team has been unable to resolve such issues in the seven (7) day period after your issue is reported. No refunds will be issued due to Account closure if you didn’t face issues using our Services; our billing team has the absolute right to decline to issue a refund.
4.2.2. To Terminate (Cancel) any of the Paid Plans
You must log into your Account, click the Chat button and contact us to cancel the Account, or send an email from the email account used to access your Jinercel Solutions dashboard to team@Jinercel Solutions.io instructing us to cancel the Account. Upon receiving and processing the notice, the Account shall be closed per Section 4.2.1. above.
When terminating a more expensive Monthly Plan to downgrade to a less expensive Monthly Plan, or when changing plan types at your request, you agree that no refunds or credits shall be provided.
NOTE: while Jinercel Solutions may at its sole discretion accept a cancellation notice sent via a different email address or by telephone as a courtesy in order to avoid a pending charge, you must submit a ticket per this section 4.2.2 to officially terminate the Account; otherwise, the Account may be considered as closed due to a payment default.
4.2.3. To Terminate (Cancel) an Event Plan Account
You may terminate an Event Plan Account at any time with no recurring charges upon notice to us in accordance with the provisions set forth in Section 16.2. below.
4.3 Termination or Suspension by Us Other Than for Cause
4.3.1. Free Services
We may suspend your right and license to use any or all Free Services (and any associated Jinercel Solutions Properties, as defined in Section 5 below) or, if you are only using Free Services, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth in Section 16.1 below.
4.3.2. Paid Services
We may suspend your right and license to use any or all Paid Services (and any associated Jinercel Solutions Properties), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you thirty (30) days advance notice in accordance with the notice provisions set forth in Section 16.1 below.
4.4 Termination or Suspension by Us for Cause
We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause, effective as set forth below:
4.4.1. Immediately upon our notice to you in accordance with the notice provisions set forth in Section 16.1 below if:
you attempt a denial of service attack on any of the Services,
you seek to hack or break any security mechanism on any of the Services or we otherwise determine, in our sole discretion, that your use of the Services or the Jinercel Solutions Properties poses a security or service risk to us, to any other user of the Services, to any third party sellers on any of our websites, or to any of our customers or their respective customers, or may subject us or any third party to liability, damages or danger,
you otherwise use the Services in a way that disrupts or threatens the Services,
you are in default of your payment obligations hereunder,
we determine, in our sole discretion, there is evidence of fraud with respect to your Account,
you use any of the Jinercel Solutions Content (as defined in Section 5) or Marks (as defined in Section 7.2.3.) other than as expressly permitted herein,
we receive notice or we otherwise determine, in our sole discretion, that you may be using Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates our rights or the rights of any third party,
we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason, or
subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
4.4.2. One (1) business day following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you are in default of any payment obligation with respect to any of the Services, or if any payment mechanism you have provided to us is invalid or cancelled, or if charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 1-day period and do not have a sufficient credit balance to cover the obligation. This specifically includes cancellation by you of a credit card or other accepted payment method used in the purchase of Services, such as a PayPal Recurring Payment plan.
4.4.3. Immediately following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you are found to have committed any fraud in connection with your use of your Account.
4.4.4. Five (5) days following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you breach any other provision of this Agreement and fail, as determined byus, in our sole discretion, to cure such breach within such 5-day period.
4.5 Effect of Suspension or Termination
4.5.1. Suspension: Upon our suspension of your use of any Services, in whole or in part, for any reason:, (a) fees shall continue to accrue for any Services that are still in use by you (including support), notwithstanding the suspension, (b) you remain liable for all fees, charges and any other obligations with respect to the Services you have incurred through the date of suspension, and (c) all of your rights and licenses with respect to the applicable Services shall be terminated during the period of the suspension.
4.5.2. Termination: Upon termination of this Agreement for any reason: (a) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services, and (b) all of your rights and licenses under this Agreement shall immediately terminate.
4.5.3. In the event of suspension or termination for cause per Section 4.4 above, Jinercel Solutions shall apply any monetary balance that may have accrued to your Account at the time of suspension or termination towards payment of any fees due for Services.
4.5.4. In the event your Account is terminated due to non-payment and you have not submitted a cancellation notice as described in Section 4.2.2. above, any credit balance on your Account shall revert to Jinercel Solutions.
In the event this Agreement is terminated for any reason, Sections 4.5, 4.6, 4.7, 4.8, 6.2, 7.2, 10 (with respect to payments that are accrued but unpaid at the time of termination), and 11 through 17 shall survive any such termination.
4.7 Data Preservation in the Event of Suspension or Termination
4.7.1. In the Event of Suspension Other Than for Cause: In the event of a suspension by us of your access to any Service for any reason other than a for cause suspension under Section 4.4.1, during the period of suspension we shall not take any action to intentionally erase any of your data stored on the Services.
4.7.2. In the Event of Termination Other Than for Cause: In the event of any termination by us of any Paid Service or any set of Paid Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 4.4.1: (a) we shall not take any action to intentionally erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination, and (b) your post termination retrieval of data stored on the Services shall be conditioned on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, payment in advance for any professional services we perform to assist your retrieval of data, and your compliance with terms and conditions we may establish with respect to such data retrieval.
4.7.3. In the Event of Other Suspension or Termination: Except as provided in Sections 4.7.1. and 4.7.2. above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.
4.8 Post-Termination Assistance
Following a termination under Section 4.2. or under Section 4.3., you shall be entitled to take advantage of any post-termination assistance we may generally make available with respect to the Services. We may also endeavor to provide you unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.