Terms and Conditions


Effective September 6, 2021. Last Revised: September 6, 2021. Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to United States of America.

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Pakira, Inc., 695 Atlantic Ave 9th Floor Boston MA 02111.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service or Our Service refers to the Website, App, and all Pakira’s links within in. Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Pakira, accessible from pakira.com

  • You (and Your) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Access to Service and Restrictions

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Appli- cation or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, country, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

4. Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

5. User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. We recommend that you use a strong password that is used only with Your Account.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of Your Account and immediately notify Company if you discover of any breach of security or unauthorized use of Your Ac- count, or suspect that someone has accessed Your Account without your permission.

You may not use as a username the name of another person or entity or that is not lawfully avail- able for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or ob- scene.

You will not license, sell, or transfer Your Account without our prior written approval.

6. Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Our Right to Your Content

By creating Content with, or posting Content to Our Service, You grant Us a worldwide, royalty-free, perpetual, irrevocable, non- exclusive, transferable, and sublicensable license to use, modify, copy, adapt, prepare derivative works of, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and any name, username, voice, or likeness provided in connection with such Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make this Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Company. You also agree that we may remove metadata associated with such Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to such Content.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, political allegiances, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hard- ware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including the Company and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms and Conditions, refuse or remove this Content. The Company further reserves the right to make formatting and editing changes and change the manner any Content is displayed. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of Your Content in a location independent of the Service.

Third Party Content

Our Service may contain links to third-party websites, product, or services that are not owned or controlled by the Company, and may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Social Media Service”). Third-Party Social Media Service is not under the Company’s control, and the Company has no control over, and assumes no responsibility for third party’s websites, products, or services, the content, privacy policies, or practices of any third party websites, products, or services. Your use of Third-Party Social Media Service is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Social Media Service. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such websites, products, or services.
Our Service may also contain sponsored Third-Party Social Media Service or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Company, and the rules for your Promotion must require each entrant or participant to release Company from any liability related to the Promotion.

Moderators

Company reserves the right to appoint Content moderators as unofficial, voluntary positions that may be available to users of Our Service. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms and Conditions.

If you choose to moderate Content:

  • You agree to follow the Pakira Forum Guidelines
  • You agree that when you receive reports related to Content you moderate, you will take appropriate action, which may include removing Content that violates policy and/or promptly escalating to Company for review;
  • You are not, and may not represent that you are authorized to act on behalf of Company;
  • You may not enter into any agreement with a third party on behalf of Company, without our written approval;
  • You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; If you have access to non-public information as a result of moderating, you will not disclose this information to any other persons or entities and use such information only in connection with your performance as a moderator.

Company reserves the right, but has no obligation, to overturn any action or decision of a moderator if Company, in its sole discretion, believes that such action or decision is not in the interest of Company or the Pakira community.

7. Prohibited Activities

  • Breach any Federal, State or Local law, statute, or regulation
  • Infringe Company’s copyright, trademark or other intellectual property rights
  • Copy, reproduce, reverse engineer, or create derivative works from any aspect of our mobile application or website
  • Imitate or mirror any portion of the Service
  • Interfere with or attempt to interfere with the proper working of our mobile application or website
  • Overburden or place a disproportionately large load on our infrastructure
  • Automatically scrape, data mine, or index any type of information from Our Service using bots, robots, spiders, scrapers, or any other means
  • Infect the Service with a virus or malicious code
  • Login to an account or otherwise access an account belonging to someone else
  • Provide false or misleading information about your identity, or otherwise
  • Refuse to cooperate in an investigation by Company related to You or Your account
  • Harass or unlawfully intimidate other users
  • Unlawfully reveal the information of another user
  • Reveal Your account access information or password to anyone else. We are not liable for any losses incurred by you arising from misuse of account access information or passwords.

8. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal department with the subject line “DMCA Notice” and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at legal department with the subject line “DMCA Notice”. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service with- out the prior written consent of the Company.

10. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, dis- tribute, modify and exploit such Feedback without restriction.

Any ideas, suggestions, and feedback about Company or Our Services that you provide to us are entirely voluntary, and you agree that Company may use such ideas, suggestions, and feedback without compensation or obligation to you.

11. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.

12. Indemnification

Except to the extent prohibited by law, You agree to defend, indemnify, and hold Us, Our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) Your use of the Services, (b) Your violation of these Terms, (c)Your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims.

13. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms and Conditions, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

14. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects with- out warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of deal- ing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Governing Law and Consent to Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any other jurisdiction. Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating to any pro- vision of this Agreement shall be commenced only in a court in Suffolk County, Massachusetts (or, if appropriate, a federal court located within Massachusetts), and the Company and You each consents to the jurisdiction of such courts. The Company and You each hereby irrevocably waives any right to a trial by jury in any action, suit or other legal proceeding arising under or relating to any provision of this Agreement. Your use of the Application may also be subject to other local, state, national, or international laws.

16. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Further, You agree to respond to all correspondence and requests for information from the Company quickly, and in a timely and complete manner.

Second, You agree that any and all disputes, claims, or causes of action, arising from or relating to the enforcement of these Terms or the interpretation of these Terms shall be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in the Commonwealth of Massachusetts, conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS’) or its successor, under the then applicable rules of JAMS. You acknowledge that by agreeing to this arbitration procedure, You waive the right to resolve any dispute through a trial by jury or judge or administrative proceeding. The Arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; (b) issue a written arbitration decision including the arbitrator’s essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that You or the Company would be entitled to seek in a court of law. Nothing in these Terms is intended to prevent either You or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. You and the Company shall split the costs of the arbitration.

17. Notices

Any notice related to the Services or this Agreement, may be given by Company to You either (i) by United States mail, (ii) via the email address provided in your account, or (iii) by posting to the Service. Notice shall be deemed given 48 hours after deposited with United States mail, 12 hours after the email is sent, or 24 hours after posting to the Service. Any notice by You to Company must be in writing and sent by U.S. Mail to the following address: Pakira, Inc., 695 Atlantic Ave 9th Floor Boston MA 02111, USA. Notice shall be deemed given when received by Company.

18. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

19. United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

20. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

21. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not affect a party's ability to exercise such right or re- quire such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

22. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

23. Modifications

We reserve the right, at Our sole discretion, to modify the website, products, mobile application, or Service at any time and without prior notice. Any modification made by Company will be deemed to be accepted by You upon Your first use of the Service after such a modification has been made.

24. Changes to These Terms and Conditions

Company reserves the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Company.

Because Company offers a variety of services, You may be asked to agree to additional Terms before using a specific product or service offered by Company. To the extent any additional Terms conflict with these Terms, the additional Terms govern with respect to Your use of the corresponding Service.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must stop using the website, products, and the Service.

25. Contact Us

If you have any questions about these Terms and Conditions, You can contact us by sending e- mail to Company’s legal department.
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