Terms of Use and Sale for the PcktAi

We appreciate your support in using our apps. We are committed to continuously enhancing our offerings and creating innovative products to deliver the utmost value to you. These terms of service govern the usage of the application PcktAi. We kindly request you to carefully review these terms before utilizing our apps to ensure a seamless experience.

Terms of Use

Unless explicitly stated otherwise, the terms of use outlined in this section are applicable to the general usage of this Application.

In certain circumstances, specific conditions of use or access may apply, and these will be clearly indicated within this document.

By using this Application, Users confirm to meet the following requirements:

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The content on this Application is protected by intellectual property rights, and all rights are reserved by the Owner.

Users are prohibited from using the content in any manner that goes beyond what is necessary for the proper use of the Service.

This includes, but is not limited to, copying, downloading, sharing, modifying, translating, publishing, selling, or creating derivative works from the content without explicit permission.

However, in certain cases specified on this Application, Users may download, copy, and/or share certain content for personal and non-commercial use, as long as proper copyright attributions and other required acknowledgments are provided.

Any applicable copyright limitations or exceptions mandated by law remain unaffected.

Access to external resources

This Application may provide Users with access to external resources offered by third parties. Users acknowledge and agree that the Owner does not have control over these resources and therefore cannot be held responsible for their content and availability.

The terms and conditions set by third parties, including any rights granted in relation to the content, are applicable to these external resources. In the absence of specific terms and conditions, relevant statutory laws govern the use of such resources.

Acceptable use

Users are reminded that their use of this Application and the Service should be in accordance with the intended purpose and within the boundaries defined by these Terms and applicable laws.

It is the sole responsibility of Users to ensure that their use of this Application and/or the Service does not infringe upon any applicable laws, regulations, or the rights of third parties.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

  1. Falsely representing oneself as meeting the necessary requirements or conditions for accessing the Application or using the Services, such as age restrictions or consumer qualifications.

  2. Assuming someone else's identity or impersonating a third-party without proper authorization.

  3. Manipulating identifiers to conceal the origin of messages or posted content.

  4. Engaging in defamation, abuse, harassment, or any behavior that violates the legal rights of others.

  5. Promoting or participating in activities that may pose a threat to the user's or others' safety, including but not limited to self-destructive behavior, violence, or the use of illegal substances.

  6. Attempting to probe, scan, or test the vulnerabilities of the Application or its connected networks, or breaching security measures.

  7. Introducing malware or harmful content into the Application or its systems.

  8. Using the Application in an abusive, excessive, or inappropriate manner, such as spamming.

  9. Attempting to disrupt or tamper with the Application's technical infrastructure, causing harm or undue burden.

We kindly ask all users to respect these guidelines and contribute to a positive and secure environment for everyone. Failure to comply with these conduct restrictions may result in the suspension or termination of access to the Application.

Excessive use of the Service

using a resource of this Application excessively in relation to other Users of this Application – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Excessive use of the API

sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;

Scraping

adopting any automated process to extract, harvest or scrape information, data and/or content from this Application and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

To ensure a positive and respectful environment within this Application, we kindly request users to adhere to the following content restrictions:

Lawful and Appropriate Content:

  1. Please refrain from disseminating or publishing any content that is unlawful, obscene, illegitimate, libelous, or inappropriate in nature.

  2. Promotion of Hate or Discrimination:

  3. Do not publish any content that directly or indirectly promotes hate, racism, discrimination, pornography, or violence.

  4. Accuracy and Alarm:

  5. Avoid disseminating or publishing false content that may create unjustified alarm or spread misinformation.

  6. Respect for Intellectual Property:

  7. Do not use this Application to publish, disseminate, or provide content protected by intellectual property laws (such as patents, trademarks, or copyrights) without the consent of the legitimate right-holder.

  8. Respect for Third-Party Rights:

  9. Do not use this Application to publish, disseminate, or make available any content that infringes on the rights of third parties, including but not limited to state secrets, military secrets, trade secrets, professional secrets, and personal data.

  10. Integrity of the Application and User Experience:

  11. Please refrain from publishing any content or engaging in activities that disrupt, interrupt, harm, or violate the integrity of this Application or the experience of other users. Such activities include spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, and similar actions.

By adhering to these content restrictions, we can maintain a respectful and secure environment for all users of this Application.

Commercial use restrictions

To ensure fair and appropriate usage of this Application, we kindly ask users to adhere to the following commercial use restrictions:

Promotion, Sales, and Advertising:

Impersonation and Endorsement:

By respecting these commercial use restrictions, we can maintain the integrity and intended usage of this Application for all users.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Terms of Sale

Paid Products

Certain Products offered on this Application as part of the Service require payment. The details regarding fees, duration, and conditions for purchasing these Products are provided below and in the relevant sections of this Application.

Product Description

Prices, descriptions, and availability of the Products are outlined in their respective sections on this Application and are subject to change without prior notice. While we strive to present the Products with the utmost accuracy, any visual or descriptive representations on this Application serve as references and do not imply any warranty regarding the characteristics of the purchased Product. The specific characteristics of the selected Product will be detailed during the purchase process.

Order Submission

When you submit an order, the following applies:

Prices

During the purchasing process and prior to order submission, you will be informed about any applicable fees, taxes, and costs (including delivery costs) that will be charged to you. Prices displayed on this Application may be exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section you are browsing.

Payment Methods

Accepted payment methods will be indicated during the purchasing process. Please note that certain payment methods may be subject to additional conditions or fees, which will be specified in the dedicated section of this Application. All payments are processed independently through third-party services. Therefore, this Application does not collect any payment information, such as credit card details, but only receives a notification once the payment has been successfully completed. In the event of a failed or refused payment through the available methods, the Owner is not obligated to fulfill the purchase order. Any costs or fees resulting from the unsuccessful or declined payment will be the responsibility of the User.

Purchase via app store

To acquire this Application or specific Products available for sale, Users are required to make the purchase through a third-party app store. The instructions for accessing these purchases may vary depending on the specific device being used and can be found on the respective online store, such as the "Apple App Store".

It is important to note that unless stated otherwise, purchases made through third-party online stores are also governed by the terms and conditions set forth by those third parties. In the event of any inconsistency or conflict, the terms and conditions of the third-party online store will always take precedence over these Terms.

Users who choose to make purchases through third-party online stores are advised to carefully read and accept the applicable terms and conditions of sale.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery of digital content

Unless specified otherwise, digital content purchased on this Application is delivered to Users through downloading onto the device(s) of their choice.

Users understand and agree that to successfully download and use the Product, their device(s) must comply with legal requirements, be commonly used, up-to-date, and meet current market standards in terms of software (including operating systems).

Furthermore, Users acknowledge and accept that there may be limitations on the availability of the downloaded Product in terms of time and geographical location.

Subscriptions

Subscriptions enable Users to receive a Product continuously or regularly for a certain period of time. The following information regarding subscription types and termination is provided below.

Subscriptions managed through Apple ID

Users have the option to subscribe to a Product using the Apple ID linked to their Apple App Store account by following the relevant process on this Application. By doing so, Users acknowledge and agree that:

Users can manage or cancel their subscriptions in their Apple App Store account settings.

The above terms and conditions take precedence over any conflicting provisions stated in these Terms.

Disclaimer of Warranties

This Application is provided to Users on an "as is" and "as available" basis. The Owner does not make any warranties or representations, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Owner disclaims any warranty that the content is accurate, reliable, or correct, or that the Service will meet Users' requirements or be available uninterrupted or secure. Users are solely responsible for any damage to their computer system or loss of data resulting from the use of the Service. The Owner does not endorse or guarantee any products or services offered by third parties through the Service.

Limitations of Liability

To the maximum extent permitted by applicable law, the Owner and its affiliates, officers, directors, agents, partners, and employees shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or related to the use of the Service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses. The Owner shall not be liable for any unauthorized access or use of the Service or User account, errors or inaccuracies in content, personal injury or property damage, interruption or cessation of transmission, bugs or viruses, defamatory or offensive conduct, or any other claims, liabilities, obligations, damages, losses, or costs. The Owner's liability shall be limited to the amount paid by the User to the Owner in the preceding 12 months or the duration of the agreement, whichever is shorter.

These disclaimers and limitations of liability apply to the fullest extent permitted by law. Users may have additional rights under applicable law that vary by jurisdiction.

Indemnification

The User agrees to protect, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, obligations, losses, liabilities, costs, or debts, including legal fees and expenses, arising from:

By agreeing to these terms, the User takes responsibility for any claims or liabilities that may arise from their actions or use of the Service. The User will bear the costs associated with defending against such claims and will reimburse the Owner for any damages or losses incurred.

No Waiver

The Owner's failure to enforce any right or provision stated in these Terms does not waive that right or provision. Any waiver by the Owner shall not be considered a continuing waiver of that term or any other term.

Service Interruption

To ensure optimal service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or other necessary changes. Users will be informed of such interruptions in a suitable manner.

In compliance with the law, the Owner may also choose to suspend or terminate the Service. If the Service is terminated, the Owner will assist Users in retrieving their Personal Data or information in accordance with applicable law.

Additionally, the Service may be unavailable due to circumstances beyond the Owner's control, such as "force majeure" events (e.g., labor strikes, infrastructure breakdowns, blackouts, etc.).

Service Reselling

Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of this Application or its Service without the express prior written permission of the Owner, whether obtained directly or through a legitimate reselling program.

Privacy Policy

For more information on the use of Personal Data, Users may refer to the privacy policy of this Application.

Intellectual Property Rights

Without prejudice to any specific provision in these Terms, all intellectual property rights related to this Application, including copyrights, trademark rights, patent rights, and design rights, belong exclusively to the Owner or its licensors and are protected by applicable laws and international treaties relating to intellectual property.

All trademarks, whether in the form of names, logos, or other marks, as well as trade names, service marks, word marks, illustrations, or images associated with this Application, remain the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties relating to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or modify these Terms at any time. In such cases, Users will be appropriately informed of the changes. We will notify You of any changes by posting the new Terms of Use and Sale on this page. These changes will only apply to future interactions and use of the Service.

Continued use of the Service after the changes will indicate the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must cease using the Service. Failure to accept the revised Terms may allow either party to terminate the Agreement.

The version of the Terms accepted by the User will govern their relationship prior to acceptance. Users can request previous versions from the Owner. If required by applicable law, the Owner will specify the effective date of the modified Terms.

Assignment of Contract

The Owner reserves the right to transfer, assign, novate, or subcontract any or all rights or obligations under these Terms, considering the legitimate interests of the User. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms without the written permission of the Owner.

Contacts

All communications regarding the use of this Application should be sent using the contact information provided in this document.

Severability

If any provision of these Terms is deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

Governing Law

These Terms are governed by the laws of the jurisdiction where the Owner is located, as indicated in the relevant section of this document, without considering conflicts of law principles.

Exception for European Consumers

However, if the User qualifies as a European Consumer and their habitual residence is in a country where the law provides for a higher level of consumer protection, the higher standards provided by that law will prevail.

Venue of Jurisdiction

The exclusive jurisdiction to resolve any disputes arising from or related to these Terms lies with the courts of the jurisdiction where the Owner is located, as stated in the relevant section of this document.

Dispute Resolution

Users are encouraged to contact the Owner directly in case of any disputes or issues related to the use of this Application or the Service. The Owner will make reasonable efforts to resolve the disputes amicably. Users can contact the Owner using the provided contact details in this document.

While Users retain the right to take legal action, it is recommended to attempt an amicable resolution first.

Complaint Procedure

If Users have a complaint, they can submit it to the Owner via email, including a brief description of the complaint and any relevant details such as order information or account details. The email address to submit the complaint can be found in this document.

The Owner will acknowledge the complaint without undue delay and will aim to provide a response within 30 days of receiving it.

Contact Us  

We respect copyright law and expect you to do the same. If you have any questions about this Terms of Use and Sale, You can contact us by email: support@pcktai.com