Terms of service - Ease

Updated: Sep 19, 2020

Acceptance of Terms of Service

These Terms of Service ("Terms") govern your access and use of website (located under pupishi.com domain) and mobile app (distributed under Ease brand) (both the "Service"), which are owned and operated by Pupishi OÜ (the "Company"), located at Sepapaja 6, Tallinn 15551, Estonia. By accessing or using the Service you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the Service. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO the Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF the Service. Company may revise these Terms at any time by updating this posting. Use of the Service after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

Age

By accessing or using the Service you represent and warrant that you are of the age of majority or older in the jurisdiction in which you reside. YOU MUST NOT ACCESS OR USE the Service IF YOU ARE NOT OF THE AGE OF MAJORITY OR OLDER IN THE JURISDICTION THAT YOUR RESIDE.

Using our Service

All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.” You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity. You retain full ownership for the Content you upload or otherwise submit to the Service. Company does not claim ownership or any intellectual property rights to any of it. We do, however, need certain limited rights in order to operate the Service: you grant Company (and those we work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. We may remove any Content from our Service at our discretion. In order to provide the Service and make your Content available, Company may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Company to take any such actions. You are solely responsible for securing and backing up your Content. Company shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service. If you become aware of misuse of the Service by any person, please contact Company at hi@pupishi.com.

Privacy

Company takes your privacy very seriously. We share your personal information only in a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy.

Communication Charges

Access to the Sites and Site Content requires Internet connectivity. You are solely responsible for all communication fees and charges that you incur in relation to your access of the Sites, including without limitation, fees and charges respecting cellular, data, WiFi, Internet, and network access or usage.

Third Party Services

Services operated by third parties ("Third Party Services") may be made available to you on, through, or in connection with the Service. Third Party Services may include messaging services, mobile services, features, content, applications, software, data feeds, or other services offered to you by third parties from time to time. Third Party Services may be made available to you through website links, embedded applications, embedded content, applications installed on your computing or mobile device, cookies, and other technological mechanisms. Third Party Services may access your Company user account information, profile information, activity information, content and other information related to your use of the Service or Services, and share your information with third party websites and services, as authorized by you. Similarly, Third Party Services may disclose to or through the Service user account information, profile information, activity information, content and other information related to your use of the Third Party Services.

Company does not endorse any Third Party Services and is not responsible or liable for your use of Third Party Services or any losses or damages arising from your dealing with any Third Party Services. Your use of Third Party Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Third Party Services. Company does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any Third Party Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, availability, security or timeliness of any Third Party Services, or the ability of any Third Party Services to meet your requirements or provide specific results; (b) the performance, merchantability, quality, fitness for a particular purpose, quiet enjoyment, non-infringement, or title of any information, material, content, software, goods or services on or made available through any Third Party Services; (c) the operation of any Third Party Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such Third Party Services.

Feedback

Company is happy to receive your suggestions, comments and feedback (collectively "Feedback") respecting the Service, Site Content, Services and Company's business. However, by providing any Feedback to Company, you agree, and represent and warrant, that Company is free to use such Feedback for any purpose it desires, whether for the benefit of Company or any other person, without any compensation or obligation to you or any other person.

Modifying and Terminating our Service

We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service. You can stop using the Service at any time, although we would be sorry to see you go. Company may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service. If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Company may permanently delete the Content that is associated with your Account.

Exclusion of Warranties

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. COMPANY MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Limitation of Liability

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT COMPANY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnity

You agree to hold harmless and indemnify Company, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

About these Terms

Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice, e.g., using a dialog in the Ease application, or by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Company will treat your use of the Service as acceptance of the updated Terms. Certain components of the Service provided by Company may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). These Terms control the relationship between you and Company, they don’t create any third party beneficiary rights. Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated. This is the entire agreement between you and Company with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible. This agreement will be governed by and construed in accordance with the substantive laws in force in Estonia if the Service is used by a Customer having its seat in a member state of the European Union. The respective courts of Estonia competent for Company’s seat shall have jurisdiction over all disputes relating to this agreement; however Company may file legal actions as well at the seat of the Customer.