Terms of Service

Pinardin Software

IMPORTANT: THIS IS A LICENSE, NOT A SALE

This Pinardin Terms of service(Agreement or License) is between the end user (hereinafter referred to as You or License), and Pinardin Technology Co., Ltd, Pinardin Software Co., Ltd, LIMITED (collectively referred to as Pinardin, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Pinardin Software or Software).

IMPORTANT: Pinardin’S PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR DATA, AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT Pinardin CAN USE SUCH DATA UNDER OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY Pinardin ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM Pinardin EFFECTS STORE (collectively “SOFTWARE”), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING Terms of Service OF THIS AGREEMENT.

Please read this agreement carefully before registering and login into the software. If you disagree or have any questions concerning these Terms of service, please contact Pinardin. Any installation, copying, accessing, or use of the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all these Terms of service

LICENSED SOFTWARE

The “Licensed Software” includes all the contents of the files or other media for which these Terms of service is provided, including but not limited to: third-party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.

GRANT OF LICENSE

Subject to the Terms of Service of this Agreement, Pinardin hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, unless you have purchased a commercial or business license from Pinardin. Sharing the Software with others, or allowing others to view the contents of this Software, violates the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Pinardin in advance. Pinardin reserves all rights not expressly granted to You in this Agreement.

LICENSE RESTRICTIONS

Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and

Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and

Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and

Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and

Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright or trademark notices of any third party that Licensor has included in the Licensed Software or Documentation; and

Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of facility management, timesharing, service provider, or service bureau arrangement; and

Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by these Terms of service; and

Licensee may not use any other elements or pictures which are not provided by Pinardin within the Software unless you have got a license or permit or proper authority to use them; and

INSTALLATION

Licensee may install a copy of the Licensed Software on a single device. The Licensee must be the primary user of the device on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more devices is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.

SOFTWARE IMPROVEMENT PROGRAM

Pinardin is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Pinardin.

To provide and improve the software, its features, and user experience, we will automatically collect, maintain, process, and use information concerning the way the various modules and functionalities of Pinardin software are being used. Information is also gathered anonymously for statistical analysis of Software usage.

We will only use this information to provide end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded, or rented to any third party for marketing purposes. For users who do not wish to enable this service, you may opt-out of the advanced options menu during the installation process.

ACTIVATION

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. Licensed Software may contain enforcement technology that limits the Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices, and for a defined period in time designated by the purchased License. Licensed Software may require activation during installation and in Documentation. If no such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite time. If activation is required, but the Licensee doesn’t complete activation within the finite time outlined in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If the Licensee has any problems with the activation process, the Licensee may contact Licensor Customer Service for support.

EVALUATION COPY

Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite time (the “Evaluation Copy”). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. To benefit from all the features and functionality of the Licensed Software, Licensee has to purchase a valid license activation key. From the moment the Licensee activates the Licensed Software with a valid License Key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.

TERM

There are several kinds of Licenses that a Licensee may choose to purchase. If the Licensee chooses to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific time, you can only use it during a specific period. You may terminate your license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof, immediately after the termination of the License.

TRANSFER LICENSE

Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by these Terms of service without the prior written consent of the Licensor.

SOFTWARE UPDATES

Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or if the Licensee has to pay for the Updates. For the purposes hereof, “Update” means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by the Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. “Content Update” shall mean an update to the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, the Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a Licensed Exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease to service or support previous versions, without giving any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor website. This Licensee does not permit Licensee to obtain or use a Software Upgrade and/or a new Licensed Software version. Licensed Software may require Content Updates to work effectively. The Licensor may add new functions, elements, and pictures, or delete original functions, elements, and pictures in the Update Software or Upgrade Software.

INTELLECTUAL PROPERTY OWNERSHIP

Licensed Software and any authorized copies that Licensee makes are the intellectual property of and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are valuable trade secrets and confidential information of the Licensor and such third parties. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.

SUPPORT

Licensor is not obligated by these Terms of service to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of these Terms of service. E-mail support includes business priority technical assistance for installation, troubleshooting, and upgrade and maintenance coverage.

TERMINATION BY Pinardin

Subject to the Terms of Service stipulated in Article 8, Pinardin shall be entitled to terminate these Terms of service effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of its obligations under these Terms of service which is not capable of remedy or if Licensee commits a material breach of its obligations under these Terms of service which is not remedied within fifteen (15) calendar days after receipt of a notice from Pinardin. Termination of these Terms of service shall not affect any rights, obligations, or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.

NO WARRANTY ON LICENSED SOFTWARE

THE LICENSED SOFTWARE IS PROVIDED TO THE LICENSEE “AS IS.” THE LICENSOR AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, AND EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF Pinardin SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pinardin OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). Pinardin MAKES NO WARRANTIES FOR OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE TERMS OF SERVICE’S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AND AGENTS UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL, OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH Pinardin MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), Pinardin MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCES, Pinardin SHALL NOT BEAR OTHER LIABILITIES TO YOU.

INDEMNIFICATION

LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR RELATING TO LICENSEE’S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

END-USER GENERATED CONTENT

The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage, and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, or edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.

Licensee may only use End-User Generated Content that belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor all Content; Licensee, therefore, assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations, or other materials You create and/or modify using Our Software).

If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, the Licensee or Licensee’s attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed Software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from or result from, the Licensee’s use or distribution of all Content and its use of the Licensed Software.

EXPORT RESTRICTIONS

You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.

LICENSEE PUBLICITY RIGHTS

During the term of these Terms of service, Licensee grants Licensor the right to include Licensee as a customer in Software promotional material.

Licensee can deny Licensor this right by submitting a written request via email to [email protected] and requesting to be excluded from Software promotional material. Confirmation of such denial (via reply email) must be received before purchasing for this exclusion to be effective.

Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to [email protected] to have Pinardin remove the Licensee’s name and other information from product promotional material. Upon receipt of such request, Pinardin will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.

ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.

The Software and any authorized copies that Licensee makes are the intellectual property of and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, and by international treaty provisions. Except as expressly provided in these Terms of service, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.

LIMITATION ON USE

Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute or loan all or any portion of the Software or Documentation; and

Licensee may not and agrees not to or enable others to create any derivative work from all or any portion of the Software or Documentation; and

Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; and

Licensee may not and agrees not to or enable others to remove or obscure Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third party that Licensor has included in the Software or Documentation; and

TERM

There are several kinds of Licenses that a Licensee may choose to purchase. If the Licensee chooses to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific time, you can only use it during a specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof, immediately after the termination of the License.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AND AGENTS UNDER OR IN CONNECTION WITH these Terms of service SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL, OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH Pinardin MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), Pinardin MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCES, Pinardin SHALL NOT BEAR OTHER LIABILITIES TO YOU.

If there is any conflict between these Additional Terms and the “Pinardin Software Terms of service”, this Additional Terms shall prevail.

IMPORTANT: These Additional Terms are part of “Pinardin Software Terms of service”. By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by these Additional Terms, together with all the Terms of Service of “Pinardin Software Terms of service”.

GRANT OF LICENSE

these Terms of service grants you the following rights for the SOFTWARE:

Pinardin hereby grants you a revocable, personal, non-exclusive, and non-transferable license to install and activate the Software on only one device(including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from Pinardin. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.

Pinardin has the right to stipulate a different restriction about the number of devices Software can be installed on in the product description at the time of purchase.

LIMITATION OF USE

The trial license has fewer functions compared with a personal license and business license, and can only be used for a specific time. After such a period, you must purchase a personal license or business license if you want to continue to use it. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.

And you may subject to the Terms of Service, use the Software in the performance of the foregoing services. Deployment to service multiple customers concurrently per Software license is permitted only with a Commercial license.

If you contract with a third party to perform services such as network management, monitoring, implementation, consulting, or other outsourcing services for you (the “Consultant”), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software by the terms of service. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its internal business use.

PROTECTION OF PRIVACY

Pinardin respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third parties, unless your written agreement is under related law and regulation.

Under the following conditions, Pinardin will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.

Obtain your prior authorization;

Reveal your personal information to offer products and services requested by you;

According to relevant laws, regulations, or requirements of the relevant government agencies;

To protect Pinardin’s legal rights and interests;

You violate the provisions of these Terms of service;

TERM OF LICENSE

The purchase of a license gives the End User the right to use the Software for a specific time or lifetime, which is decided by the license period you choose to buy.

All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, audio, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Pinardin or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, and may not remove or conceal any proprietary notices, labels, or marks from the Software.

DISCLAIMER OF WARRANTY

Pinardin DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC, OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES, AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply

to you and you may have other legal rights that vary by jurisdiction.

MISCELLANEOUS

Pinardin DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGES ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHERS’ RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE.

Adolescents may not use the services provided by Pinardin to browse the content of any illegal, obscene, pornographic, and other violations of public order and morals.

To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning these Terms, or if you desire to contact Pinardin for any reason, please write to us.

ADDITIONAL TERMS (Pinardin)

This Additional Terms shall apply to Pinardin(hereinafter referred to as Software or Pinardin). This Additional Terms shall not apply to other Pinardin software products except as otherwise provided by Pinardin.

IMPORTANT: These Additional Terms are part of “Pinardin Software Terms of service”. By installing the Software, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional Terms, together with all the Terms of Service of “Pinardin Software Terms of Service”.

Definitions

“Pinardin” means the software developed by Pinardin and downloaded and installed in your Device/s to enable the use of the Services, and includes the Pinardin App.

“Pinardin Platform” means the Pinardin online platform providing access to the Pinardin online parental control panel (dashboard), and feedback forms enabling you to access and use the Services.

“Service” means the Pinardin parental control service, Device Software, and Pinardin App, to enable monitoring and storing of online activity reports and content of communications, in particular social networks, and the blocking of certain categories of sites, at your option.

“Devices” means any devices, including but not limited to computers, laptops, phones, and tablets, compatible with the Services which you either own or have a right to use.

“Users” means any natural person using the Pinardin and/or the Services.

“Pinardin Account” (or “Account”) means the account created by You to access and use the Services.

Grant of License and Conditions

Grant of License. Subject to the Terms set out herein, you are hereby granted a limited, revocable, non-exclusive, and non-transferable license (without the right to sub-license) to access and use the Services for your Devices for your own internal and non-commercial use only.

You understand that the Services and Pinardin shall be used only for the parental control of your children for whom You are the legal guardian. The terms of Children are defined as below:

Restrictions on Use

You are responsible for all activities undertaken under your Account, including the activities undertaken by the people authorized by you. We reserve the right to exclude you from our Services without prior warning should you, or any of your Users, breach these Terms of these Terms of service.

You agree:

not use the Services for any illegal or unauthorized purpose or for any activity that infringes third party rights or breaches of these Terms, and

not use the Services for the purpose beyond parental control of your children, and

not use the Services to monitor the activities of any person who is 18 years of age or older or any other person for whom you are not the legal guardian, and

does not violate any laws in your jurisdiction while using the Services, and

You agree not to use or permit the use of the Services to monitor or control User’s Devices and activities when the Devices are not your property, and

You will not allow any other person to access the information that the Pinardin collects from the devices on which the Product is installed, and

indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

Privacy and Data Protection

4.1 User Content. The Services monitor and store information transmitted from the Devices where the Pinardin is installed, which may relate to both offline and online activities of Users (usage of applications, searching, social networks, browsing, etc.), certain communications (social network forms, instant messaging, etc.), and includes without limitation contact names and other information of the User Account in the Services (collectively, “User Content”). While we collect, store and analyze this information for you and on your behalf, you and the Users are the sole owners of this information and are solely responsible for all User Content that is transmitted to us. You, on your behalf, grant us a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to store User Content on our servers for purposes set out in these Terms.

4.2 Responsibility for User Content. We do not control or supervise any User Content, except when required under your instructions (e.g., through the configuration of the Pinardin Platform) or by applicable law, competent court, or administrative decision. We do however reserve the right to eliminate at any time any User Content if we become aware that it infringes or may infringe on the law or third-party rights.

4.3 User Content on termination. In the event of termination for any reason, your access to your Account and all of your User Content will be disabled and your User Content will be deleted. However, we may retain such User Content to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked under applicable laws unless such an event arises.

4.4 Services enable you to process the personal data of Users under your control. Our Privacy Policy is part of these Terms and you expressly accept the terms of the privacy policy.

Warranties

5.1 Your warranties. You warrant that you will use the Services under these Terms and applicable law. In particular, you will use the Services, including the Pinardin Software, in compliance with applicable law as to privacy, telecommunications secrecy, non-discrimination, and the protection of personal image, honor, and reputation. You undertake to fully comply with our Privacy Policy, which is incorporated as part hereof. You warrant that (a) you are older than 18 years old, (b) you are the owner of the Devices on which you wish to install the Pinardin software, and (c) you have informed any Users that are 14 years old or more than the Devices used by them including control and monitoring software and have obtained authorization from such Users for this kind of activity.

5.2 Limitation of Warranties. Except as established by mandatory applicable law, your use of the Pinardin Platform, Software, and/or Services, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.3 Links. Our Pinardin Platform contains links to third-party internet sites. We make no representation whatsoever nor accept any responsibility for such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.

MISCELLANEOUS

WE DO NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGES ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHERS’ RIGHTS, THE CONSEQUENT RESULT SHOULD BE ON YOUR RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE.

If there is any conflict between these Additional Terms and the “Pinardin Software Terms of Service”, these Additional Terms shall prevail.