McLean Systems Research Group

Terms of Service

Last updated: 2025-01-04

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and McLean Systems Research Group LLC (“MSRG,” “Company,” “we,” “our,” or “us”) governing your access to and use of our website, software applications, and related services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Services

MSRG provides software products and services including, but not limited to:

  • Jitbook: Just-in-time knowledge management and authoring system
  • JitAnn: Image annotation application
  • JitCap: Screen capture application
  • Deskfolio: Desktop application management system
  • SwiftXTrading: Stock and options trading application

Each product may have additional terms, guidelines, or policies that apply to its use.

Account Registration

Creating an Account

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

Account Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and use our Services. By creating an account, you represent that you meet this requirement.

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, including for violations of these Terms. You may also delete your account at any time through your account settings or by contacting us.

License and Usage Rights

License Grant

Subject to your compliance with these Terms, MSRG grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use our Services for your personal or internal business purposes
  • Download and install our software applications on devices you own or control
  • Use our Services in accordance with any applicable documentation

License Restrictions

You agree not to:

  • Copy, modify, adapt, translate, or create derivative works of our Services
  • Reverse engineer, decompile, disassemble, or attempt to derive source code from our software
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices
  • Rent, lease, lend, sell, sublicense, or transfer access to our Services
  • Use our Services to develop competing products or services
  • Access our Services through automated means (bots, scrapers, etc.) without permission
  • Circumvent, disable, or interfere with security features
  • Use our Services for any illegal, harmful, or unauthorized purpose
  • Violate any applicable laws, regulations, or third-party rights

Payment Terms

Pricing and Fees

Certain Services require payment of fees. All prices are displayed in U.S. dollars unless otherwise specified. We reserve the right to change our prices at any time with reasonable notice.

Payment Processing

Payments are processed through third-party payment processors (such as Stripe). By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.

Subscriptions

For subscription-based Services:

  • Subscriptions automatically renew at the end of each billing period unless canceled
  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds are provided for partial billing periods

Refund Policy

  • Software Products: Due to the nature of digital products, all sales are final. Refunds may be granted at our sole discretion within 14 days of purchase if you experience significant technical issues that we cannot resolve.
  • Subscriptions: No refunds for unused portions of subscription periods after cancellation.
  • Disputes: If you believe a charge is incorrect, contact us within 30 days of the charge.

Taxes

You are responsible for all applicable taxes, duties, and levies. We will collect and remit taxes where legally required.

Intellectual Property

Our Intellectual Property

All content, features, functionality, software, designs, text, graphics, logos, and trademarks associated with our Services are owned by MSRG or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in our intellectual property except for the limited license described above.

Your Content

You retain ownership of any content you create, upload, or submit through our Services (“User Content”). By submitting User Content, you grant MSRG a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving our Services.

You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not infringe any third-party rights
  • Your User Content complies with these Terms and applicable laws

Feedback

If you provide suggestions, ideas, or feedback about our Services (“Feedback”), you grant us the right to use such Feedback without restriction or compensation to you.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSRG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES
  • ANY DAMAGES RESULTING FROM INTERRUPTION OR CESSATION OF OUR SERVICES
  • ANY DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless MSRG and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

Third-Party Services

Our Services may integrate with or contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Termination

Termination by You

You may stop using our Services and terminate your account at any time.

Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users or our business
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • At our sole discretion for any other reason

Effect of Termination

Upon termination:

  • Your license to use our Services immediately terminates
  • You must cease all use of our Services
  • We may delete your account and User Content
  • Provisions that should survive termination (such as intellectual property, disclaimers, limitations of liability, and indemnification) shall survive

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall be resolved as follows:

  1. Informal Resolution: Before filing any formal proceeding, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

  2. Binding Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Virginia, and judgment on the award may be entered in any court of competent jurisdiction.

  3. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and MSRG regarding your use of our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Notices

We may provide notices to you via email, posting on our Services, or other reasonable means. You may provide notices to us at the contact information below.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the “Last Updated” date
  • Sending an email notification for significant changes

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our Services.

Contact Us

If you have questions or concerns about these Terms, please contact us:

McLean Systems Research Group LLC Email: legal@msrg.us

We will respond to your inquiry within 30 days.