TERMS OF USE LICENSE FOR
PT JEJARING TIGA ARTHA PRODUCTS
IMPORTANT - READ CAREFULLY: The Terms of Use License for PT Jejaring Tiga Artha Products ("License Terms") constitute a legally binding agreement between PT Jejaring Tiga Artha ("Zi.Care") and each party (whether a legal entity or an individual), its representatives, or its affiliates who install, copy, register, and/or use PT Jejaring Tiga Artha's Services and/or Products ("User"). Therefore, Users are advised to carefully read these License Terms, as they directly or indirectly affect the rights and/or obligations of Users in using the services and/or products created and published by PT Jejaring Tiga Artha, including but not limited to any software, hardware, agreements, appendices, product documentation, and marketing materials in both print and electronic forms ("Zi.Care Services and/or Products"). By installing, copying, registering, and/or using Zi.Care Services and/or Products, Users are deemed to have read, understood, comprehended, and agreed to all the contents of these License Terms without exception, including but not limited to any updates, additions, and/or changes that may be made by PT Jejaring Tiga Artha at any time to the Zi.Care Services and/or Products. If Users do not agree to any part or all of the contents of these License Terms, Users are not allowed to install, copy, register, and/or use Zi.Care Services and/or Products. Furthermore, by installing, copying, registering, and/or using Updates to Zi.Care Services and/or Products or other components of Zi.Care Services and/or Products that you receive separately from Zi.Care Services and/or Products, Users are deemed to have read, understood, comprehended, and agreed to be bound by those Updates, including but not limited to any additional terms accompanying them ("Updates"). However, if Users do not agree to any part or all of the contents of those Updates, Users are not allowed to install, copy, register, and/or use those Updates.
1. OWNERSHIP OF ZI.CARE HUB SERVICES AND/OR PRODUCTS LICENSE
The Zi.Care Services and/or Products are protected by relevant laws governing the protection of Intellectual Property Rights, as well as other intellectual property laws and agreements. These Zi.Care Services and/or Products are only licensed to the User and are not intended for sale or deemed to have been purchased by the User. PT Jejaring Tiga Artha fully owns the rights of ownership and copyright of the Zi.Care Services and/or Products, including all Intellectual Property Rights therein, in any form and manner without exception, regardless of the existence of the original Zi.Care Services and/or Products or their copies. NOTE: Any provisions in the License Terms published by PT Jejaring Tiga Artha at any time will supersede any provisions of any License Terms found by the User on the screens of Zi.Care Services and/or Products or received in printed form.
2. LICENSE RIGHTS IN USING ZI.CARE HUB SERVICES AND/OR PRODUCTS
2.1. User Proficiency
By installing, copying, registering, and/or using Zi.Care Services and/or Products, the User hereby warrants that they are a competent party capable of entering into a legally binding agreement and have the right to obtain a license for Zi.Care Services and/or Products in a manner deemed lawful under applicable laws.
2.2. Grant of General License
PT Jejaring Tiga Artha grants the User a non-exclusive and non-transferable right to use copies of Zi.Care Services and/or Products or previous versions on a computer and/or other compatible devices for the User's purposes in carrying out activities permitted under these License Terms and applicable laws, provided that the User is the sole party using the said Zi.Care Services and/or Products.
2.3. Documentation
These License Terms grant the User a non-exclusive and non-transferable license to create and use an unlimited number of copies of any documentation generated from Zi.Care Services and/or Products, provided that such copies are only for the User's personal purposes and shall not be reproduced or distributed (either in print or electronically) to any party other than the User, with the following exceptions:
a. The User may reproduce documentation of Zi.Care Services and/or Products or results from Zi.Care Services and/or Products in any form with prior approval from PT Jejaring Tiga Artha;
b. The User may distribute documentation of Zi.Care Services and/or Products or results from Zi.Care Services and/or Products in any form with prior approval from PT Jejaring Tiga Artha.
2.4. Storage/Network Usage
The User may store or install copies of Zi.Care Services and/or Products on storage devices in any form, but the User is not allowed to share or use them concurrently with any party other than the User.
2.5. Updates
The User acknowledges and agrees that PT Jejaring Tiga Artha may, at any time, make any form of updates, additions, reductions, and/or changes to these License Terms without prior notice or approval from and/or to the User. Each such update may be provided in print form and delivered to the User or through PT Jejaring Tiga Artha's official website.
3. DATA PROTECTION
3.1. The User fully understands that Zi.Care Services and/or Products are products that require specific data and information characteristics from the User to continuously learn and make decisions, enabling the evaluation of errors in each decision-making process. This, ultimately, aims to achieve the desired maximum performance for the User.
3.2. PT Jejaring Tiga Artha fully recognizes that each User's personal data and information are valuable assets owned by the User and irreplaceable. Therefore, PT Jejaring Tiga Artha will always maintain the confidentiality of any personal data and information obtained directly or indirectly from the User or through the User's use of Zi.Care Services and/or Products, as if it were PT Jejaring Tiga Artha's own possession.
3.3. PT Jejaring Tiga Artha promises and declares not to take any actions that may or indicate a loss to the User concerning the acquisition and/or utilization of such personal data.
3.4. PT Jejaring Tiga Artha pledges not to engage in commercial actions (including but not limited to buying, selling, borrowing, lending, renting, and similar actions) regarding the personal data and information obtained directly or indirectly from the User or through the User's use of Zi.Care Services and/or Products.
3.5. PT Jejaring Tiga Artha will always fulfill its obligation to maintain the confidentiality of personal data and information obtained directly or indirectly from the User or through the User's use of Zi.Care Services and/or Products as stipulated in these License Terms, except when required by applicable law or a court order from an authorized court.
4. PROHIBITIONS
4.1. Unless expressly stipulated in these License Terms, the User is prohibited from:
4.1.1. Copying (except during the installation process) or modifying, in whole or in part, Zi.Care Services and/or Products in any way, including but not limited to adding new features or making adaptations that alter the original functions of Zi.Care Services and/or Products.
4.1.2. Imitating and/or copying, in whole or in part, Zi.Care Services and/or Products.
4.1.3. Distributing, converting to printed copies, reproducing, circulating, publishing, or taking any action against Zi.Care Services and/or Products, potentially leading to the widespread disclosure of Trade Secrets and PT Jejaring Tiga Artha's Confidential Information.
4.1.4. Creating, developing, printing, disseminating, and/or taking any action that may indicate a connection with PT Jejaring Tiga Artha and/or Zi.Care Services and/or Products.
4.1.5. Transferring, sublicensing, renting, lending, selling, or distributing Zi.Care Services and/or Products to any third party.
4.1.6. sing devices in any form and manner that function and/or are intended to manipulate the Zi.Care Services and/or Products system.
4.1.7. Making the functionality of Zi.Care Services and/or Products available to multiple parties through any form and manner, including but not limited to the following:
a. Uploading Zi.Care Services and/or Products to any network or file-sharing service.
b. Uploading Zi.Care Services and/or Products through hosting, application service providers, service bureaus, software service providers, or similar types of services.
4.2. The User acknowledges and agrees that parts of Zi.Care Services and/or Products, including but not limited to source code, design, architectural system, module structure, or program of Zi.Care Services and/or Products, are or contain Confidential Information, trade secrets, and Intellectual Property Rights owned by PT Jejaring Tiga Artha, protected by applicable laws and regulations. Therefore, the User agrees not to reverse engineer, disassemble, compile, and/or create derivative works from Zi.Care Services and/or Products, in whole or in part, or permit any third party to do so.
5. DEPENDENCIES OF ZI.CARE HUB SERVICES AND/OR PRODUCTS
5.1. The User fully understands that Zi.Care Services and/or Products are dependent on the availability of complete and correctly specified Supporting Devices.
5.2. Supporting Devices for operating Zi.Care Services and/or Products may include, but are not limited to:
a. Servers;
b. Computers;
c. Applications;
d. Websites;
e. Dashboards;
f. GPUs (Graphics Processing Units);
g. Cameras;
h. Networks; or
i. Other devices deemed by PT Jejaring Tiga Artha as Supporting Devices.
5.3. In operating Zi.Care Services and/or Products, Users are required to use Supporting Devices in accordance with the Supporting Device Recommendations specified by PT Jejaring Tiga Artha.
5.4. Users may use Supporting Devices outside of the Supporting Device Recommendations specified by PT Jejaring Tiga Artha, but any decrease in performance, failure, and/or damage experienced by Zi.Care Services and/or Products as a result of using Supporting Devices outside of the Supporting Device Recommendations specified by PT Jejaring Tiga Artha is not the burden or responsibility of PT Jejaring Tiga Artha.
5.5. Users fully understand that Zi.Care Services and/or Products have dependencies on the correct usage procedures as outlined in separate documents published by PT Jejaring Tiga Artha from time to time. These documents contain information about the appropriate procedures for installing, operating, and deploying Zi.Care Services and/or Products, as well as their Supporting Devices.
5.6. In performing the installation, operation, and/or deployment of Zi.Care Services and/or Products and their Supporting Devices, Users are required to follow the procedures specified in the Operating Procedures determined by PT Jejaring Tiga Artha.
5.7. Users may perform the installation, operation, and/or deployment of Zi.Care Services and/or Products and their Supporting Devices outside of the specified Operating Procedures by PT Jejaring Tiga Artha, but any decrease in performance, failure, and/or damage experienced by Zi.Care Services and/or Products as a result of installing, operating, and/or deploying Zi.Care Services and/or Products and their Supporting Devices outside of the specified Operating Procedures by PT Jejaring Tiga Artha is not the burden or responsibility of PT Jejaring Tiga Artha.
6. MAINTENANCE
All provisions and procedures related to the maintenance of Zi.Care Services and/or Products are as outlined in the document titled "maintenance services," created separately from this document. These provisions are an integral and inseparable part of these License Terms, binding Users to comply with these terms.
7. TECHNICAL SUPPORT
All terms and procedures related to the provision of technical support for incidents that occur with Zi.Care Services and/or Products are as outlined in the separate document titled "technical support." These provisions are an integral and inseparable part of these License Terms, binding the User to comply with these terms.
8. LIMITATION OF LIABILITY
8.1. Zi.Care Services and/or Products, along with any accompanying documents obtained by the User, are provided "As Is" and "Without Warranty." Thus, PT Jejaring Tiga Artha rejects any warranties in any form and manner from any User without exception.
8.2. PT Jejaring Tiga Artha does not guarantee that Zi.Care Services and/or Products will be free from any disruptions or errors that may occur in the future.
8.3. Any information expressed by any party, whether orally or in writing, in the form of promises, guarantees, advice, recommendations, suggestions, or in any other way on behalf of PT Jejaring Tiga Artha, will not create or impose any obligation on PT Jejaring Tiga Artha to fulfill such conditions under any circumstances unless explicitly stated in a legally valid and provable written agreement.
8.4. The User fully releases PT Jejaring Tiga Artha from any form of claims, lawsuits, demands, or damages of any kind, without exception, from both the User and any other party, for the following:
a. The decrease in performance, non-functionality, or damage experienced by Zi.Care Services and/or Products due to a decrease in performance (whether due to damage, disruption, or obsolescence), non-functionality, damage, or any event in any form experienced by Supporting Devices.
b. User misuse in operating Zi.Care Services and/or Products.
c. Unlawful acts committed by the User by exploiting Zi.Care Services and/or Products.
d. Loss, data loss, potential profit loss experienced by the User while using Zi.Care Services and/or Products.
e. Hacking of the Zi.Care Services and/or Products system.
f. The discovery of malware in Zi.Care Services and/or Products, including but not limited to viruses, worms, trojan horses, rootkits, spyware, adware, and other harmful software, as a result of User negligence.
9. COMPENSATION
The User is obligated to indemnify and bear any costs incurred by PT Jejaring Tiga Artha (including reasonable attorney fees) as a result of actions taken by the User, in the following situations:
a. The use and/or misuse of Zi.Care Services and/or Products beyond the reasonable limits allowed or in violation of applicable laws;
b. User failure to comply with the provisions of these License Terms;
c. User failure to comply with the legal provisions applicable in the User's jurisdiction.
d. Any claims, lawsuits, and/or demands against the User related to the violation of provisions regarding the protection of personal data and information, intellectual property rights, or ownership rights from any party.
10. DURATION AND TERMINATION
10.1. The license for Zi.Care Services and/or Products granted by PT Jejaring Tiga Artha to the User will continue to be valid until the expiration of the license period or until termination is initiated.
10.2. The User can terminate these License Terms at any time by destroying all copies of Zi.Care Services and/or Products that the User owns and/or controls.
10.3. The granting of the license and/or this EULA Agreement will automatically terminate, with or without prior notice from PT Jejaring Tiga Artha, if the User is found to have violated the provisions of these License Terms.
10.4. After the termination or expiration of these License Terms, the User is required to:
a. Cease all activities utilizing Zi.Care Services and/or Products;
b. Stop using Zi.Care Services and/or Products; and
c. Destroy and delete Zi.Care Services and/or Products from all computer systems, storage devices, hard drives, networks, and/or other storage media that the User owns and/or controls.
10.5. The User is not entitled to any form of refund as a result of the termination of these License Terms for any reason whatsoever.
10.6. Clauses 1, 3, 4, 8, 9, 10, and 12 of these License Terms will remain in effect even after the termination or expiration of these License Terms.
11. SEVERABILITY
If any provision of these License Terms is deemed invalid for any reason, that provision will still be enforced to the maximum extent possible by both PT Jejaring Tiga Artha and the User until the enforcement of that provision is prohibited by applicable law. The invalidity of that provision will not affect the enforceability of other provisions in these License Terms, and it cannot be assumed that these License Terms are invalid as a whole.
12. MISCELLANEOUS
12.1. These License Terms represent the entire understanding and agreement between PT Jejaring Tiga Artha and the User and supersede all previous agreements, arrangements, understandings, and communications, whether expressed orally or in writing, between PT Jejaring Tiga Artha and the User, unless PT Jejaring Tiga Artha and the User have jointly agreed to and signed a separate written agreement apart from these License Terms.
12.2. PT Jejaring Tiga Artha has the right to modify these License Terms at any time without requiring prior or subsequent user approval, and will display them on the PT Jejaring Tiga Artha website from time to time, or may also notify users of such changes through reasonable notifications (including but not limited to providing printed documents, emails, faxes, and the like).
12.3. By continuing to use Zi.Care Services and/or Products after the issuance of updates to these License Terms, the User's continued use constitutes irrevocable and unretractable approval of any such changes.
12.4. User failure to comply with the provisions of these License Terms cannot be used as a basis for neglect or for committing the same errors by the User in the future.
12.5. The User is not allowed to assign or transfer rights and/or obligations under these License Terms without prior written consent from PT Jejaring Tiga Artha; thus, any form of action and/or attempt by the User to do so without PT Jejaring Tiga Artha's consent is automatically null and void.
12.6. These License Terms are governed and interpreted according to the laws of the Republic of Indonesia.
12.7. Any dispute arising from these License Terms will be resolved by arbitration in Indonesia by the Indonesian National Board of Arbitration or Badan Arbitrase Nasional Indonesia (“BANI”) in accordance with the Indonesian Arbitration Law, Law No.30 of 1999 and the BANI Rules for the time being in force, which is deemed to be incorporated by reference in this Clause. The number of arbitrators shall be three, with each party appointing one arbitrator and the third arbitrator shall be appointed by the two arbitrators appointed by the parties. The language to be used in the arbitration proceedings shall be English.