Terms of service

1. Structure of these terms

These general terms apply to every JMA product and service. The product terms, published beside them, add the conditions that apply to one product only. Where the two differ, the product terms apply to that product.

Consulting, implementation and advisory services are provided under a written agreement or statement of work. Where it differs from these terms, the written agreement applies to those services.

2. Products and services

JMA provides software products, delivered as a hosted service, and professional services in information technology and digital transformation. The features available to a company depend on the product and, for a product with plans, on its plan.

We may improve, change or retire features. When a change materially reduces what a paid plan includes, we will give notice before it takes effect.

3. Accounts

The person who creates the company's account is its first administrator and confirms that they are authorized to bind the company to these terms.

Administrators decide who is invited, which role each member holds and whether single sign-on is used. The company is responsible for all activity under its accounts, for keeping credentials confidential and for removing access when a person leaves. Tell us promptly at contact@jma-consultancy.com if you suspect unauthorized access.

Information supplied at sign-up must be accurate and kept up to date.

4. Customer data

Customer data means everything the company or its members upload, import, connect or enter into a JMA product, including files, connector data and the records created from them, and the results the product calculates from it.

The company owns its customer data. It grants JMA a limited right to host, process, copy and display customer data only to provide, secure, support and improve the product for that company, and to comply with law.

The company confirms that it has the right to supply customer data and that doing so does not breach any law or any obligation to a third party. It is responsible for the accuracy and completeness of what it supplies. A product reports on the data it receives and does not verify it.

The hosting location of each product is stated in the product terms or in the order. JMA may change the hosting location or provider on reasonable notice, provided the protections in these terms continue to apply.

We do not sell customer data, and we do not use it to train models offered to other customers.

5. AI features

Some features use automated analysis, including reading uploaded documents and writing summaries. Content sent for this purpose is processed by the model provider we engage, only to return the result, as described in the privacy policy.

Automated output can be incomplete or wrong. It supports decisions and does not replace the judgment of the people responsible for them. Figures that a product states in a summary are checked against the underlying records, but the company remains responsible for how it relies on any output.

6. Acceptable use

The company and its members must not:

• use a product or service unlawfully, or upload content that infringes rights or contains malicious code
• attempt to access another company's data, probe or test the security of a product without written permission, or interfere with its operation
• copy, resell or provide a product to third parties, or use it to build a competing product
• reverse engineer a product except where the law does not allow this restriction
• exceed the limits of the plan, or avoid them by technical means

7. Fees and payment

Fees are those shown for the plan or agreed in writing, and are billed in advance for the period stated at purchase or in the order. Prices exclude taxes, which are added where required.

A paid subscription renews for a further period of the same length unless the company gives notice of non-renewal before the renewal date. Fees already paid are not refundable, except where we state otherwise or the law requires it.

Professional services are charged as set out in the written agreement or statement of work.

8. Confidentiality

Each party must keep the other's non-public information confidential, use it only for the purposes of these terms and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to it, is independently developed or must be disclosed by law, in which case the other party is told first where this is permitted.

9. Intellectual property

JMA and its licensors own its products, software, design, documentation and any suggestions for improving them. These terms give the company a right to use the products for its own internal business during the subscription and transfer no ownership. Ownership of deliverables from professional services is set in the written agreement.

Feedback the company gives us may be used without restriction or payment.

10. Availability and support

We work to keep our products available and to correct faults promptly. We do not promise uninterrupted or error-free operation. Planned maintenance is carried out, where possible, outside normal working hours. Support is provided through contact@jma-consultancy.com unless a plan or written agreement states otherwise.

11. Warranties and disclaimer

Each party confirms that it has the authority to enter into these terms. Apart from that, products are provided as is and as available. To the fullest extent the law allows, JMA gives no other warranty, including of fitness for a particular purpose, accuracy of results or that a product will meet every requirement.

12. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.

The total liability of JMA arising from a product or service in any year is limited to the fees the company paid for it in the twelve months before the event that gave rise to the claim. Nothing in these terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

13. Indemnity

The company will defend and compensate JMA against claims by third parties arising from customer data supplied in breach of these terms, or from use of a product by its members that breaches the acceptable use section.

14. Suspension and termination

The company may stop using a product at any time. A paid subscription continues to the end of the paid period unless these terms say otherwise.

We may suspend access where needed to protect a product or other customers, or where fees are overdue after notice. Either party may end these terms for a material breach that the other does not correct within thirty days of notice.

After termination, administrators may ask us for an export of their data for thirty days. After that period we delete customer data from active systems, and from backups as they expire in the normal cycle, unless the law requires us to keep it. Sections that by their nature should continue, including those on ownership, confidentiality and liability, continue after termination.

15. Changes to these terms

We may update these terms, including to add a new product. For a material change we will notify administrators before it takes effect. Continued use after the effective date means acceptance of the updated terms. The effective date at the top of this page shows the current version.

16. General

These terms, together with the product terms, the privacy policy and any written order, plan description or statement of work, are the whole agreement and replace earlier discussions. If a part is held unenforceable, the remainder continues. A failure to enforce a right is not a waiver of it. The company may not transfer these terms without our written consent, and we may transfer them to a successor to our business.

These terms are governed by the laws of the jurisdiction in which JMA Consultancy is established, and its courts have exclusive jurisdiction, except where mandatory law gives the company the right to bring a claim elsewhere.

17. Contact

Questions about these terms: contact@jma-consultancy.com.