Welcome to Pictoglyph. These terms of service (“Terms”) govern your access to and use of our services, including our various websites, applications, tools, and other services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy.
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Services.
The Services are intended for your personal, non-commercial use. You may not use the Services for any other purpose without our express written consent. You agree not to use the Services in any way that is unlawful or harms us, our affiliates, or any customer of ours or our affiliates, as determined in our sole discretion.
Currently, there is no necessity for registration to utilize the app.
The Services may allow you to submit or upload content, including images and messages (collectively, “User Content”). We want to clarify that, in line with our strong commitment to user privacy, the current version of our app does not retain, collect, or access any information from the user content or images you submit or upload to the Services. You retain all rights in the User Content you submit or upload, and your content remains fully under your control and ownership.
The Platform, the Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content (the “[Your Platform Name] Content”), and all intellectual property rights related thereto, are the exclusive property of [Your Platform Name] and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Platform or Services.
THE PLATFORM, THE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Platform or Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
We reserve the right to terminate your access to all or any part of the Platform or Services at any time, with or without cause, after providing reasonable notice. However, please be assured that termination from our end will only occur when deemed necessary due to reasons including, but not limited to, violation of these Terms, misuse of the Platform or Services, or actions that we reasonably believe to be harmful or disruptive.
We are committed to transparent communication and will ensure that you are informed about the reasons and timing of any potential termination. Our goal is to maintain a fair and respectful relationship with our users.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Platform and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Platform and Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. These Terms, together with our Privacy Policy and any additional terms to which you agree when using particular elements of the Platform or Services, constitute the entire agreement between you and us regarding the use of the Platform and Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Please contact us at contact@pictoglyphapp.com with any questions regarding these Terms.