Last Updated: September 6, 2021
Last Updated: September 6, 2021
This agreement between you and PingSafe Pte Limited (hereinafter referred to as “We” / “Our” / “Us” / “PingSafe”) sets out the legally binding terms ("Terms") governing the use of the PingSafe platform, including all content, features, functionality, programs, and software provided in or through the website or platform (collectively, the ”Platform“).
- Intended Audience and Territorial Restrictions. This Platform is designed and intended for use by subscribers who are at least 18 years of age. You may not register for or use the Platform if: (i) you are under 18 years of age; or (ii) we have previously terminated your Account and advised you that you may no longer use the Platform or any of our other services or functionalities provided by the Platform ("Services"). If you are under 18 years of age, you may only access or use our Services via a parent or legal guardian who agrees to be bound by this Agreement. If you are accessing or using our Services on behalf of, or to represent the interests of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf, and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement. You undertake not to misrepresent your identity or your affiliation with any person or entity in connection with the use of this Platform.
- Acceptance. By clicking "Agree", or by visiting, accessing, or using the Platform, you represent to PingSafe that: you are at least 18 years of age and have reached the age of majority in your jurisdiction; or possess legally binding parental or guardian consent to agree to these Terms, and you have read, understood and agree to these Terms.
- Feedback. You may elect to provide or make available to PingSafe suggestions, comments, ideas, improvements, or other feedback through the Platform, or separately provide other materials to Ping Safe (collectively, “Feedback”) which are governed by the following terms:
- Any Feedback that you send to us through the Platform are and will be deemed non-confidential, and PingSafe will have no obligation of any kind with respect to such information. PingSafe will be free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute such Feedback in any manner and you will gain no right, title, or interest in or to the Platform, or Services by virtue of PingSafe doing so. PingSafe will be free to use any ideas, concepts, know-how, or techniques contained in such communications for any purpose, including but not limited to, developing, manufacturing, and marketing products and services. PingSafe reserves the right to display or insert advertisements in connection with Feedback and to use Feedback for marketing, advertising, and promotional purposes.
- You agree that you are solely responsible for all of your Feedback. PingSafe is not required to host, display, or distribute any Feedback, and may remove them at any time or refuse any Feedback for any reason. PingSafe is not responsible for any loss or theft of, or damage of any kind to, any Feedback. You represent and warrant that: (a) you own all rights in your Feedback or, alternatively, you have acquired all necessary rights in your Feedback to enable you to grant to PingSafe all of the rights described herein; and (b) your Feedback do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
- You are prohibited from posting content or offering Feedback, or otherwise using the Platform to transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law or a copyright, trademark or other intellectual property rights of another. PingSafe will cooperate with any law enforcement authorities or court order requesting or directing PingSafe to disclose the identity of anyone posting information or materials in connection with the PingSafe.
- Hardware and Platform Compatibility. PingSafe does not warrant that the Platform (or any updates thereto as described below) is compatible with any hardware or software versions (including any specific versions of your mobile device, tablet, computer, or its specific operating system).
- Updates. PingSafe may choose to provide updates to the Platform from time to time in its sole discretion. You acknowledge that you will be bound by the version of these Terms which is applicable as of the time you access and use any such update to the Platform. PingSafe does not represent or warrant that any future updates to the Platform will provide the same functionality that is provided by the current version of the Platform. When changes are made, PingSafe will provide an updated version of the Terms within our Platform. We will also update the “Last Updated” date at the top of these Terms. If we make any material changes, we will require you to consent or sign up to such updated Terms by way of an in-Platform pop-up before continuing to use the Platform and also send push notification via the Platform (unless you have turned such functionality off). Any changes to these Terms will be effective immediately for new users of the Platform and will be effective upon the earlier of (i) 15 (fifteen) days after posting notice of such changes on the Platform for existing users, or (ii) the use of the Platform by a user after consenting to the updated Terms by way of an in-Platform pop-up. We may require you to provide consent to the updated Terms in any specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Platform. Otherwise, your continued use of the Platform constitutes your acceptance of such changes.
- Access to the Platform and Wireless Carrier / Internet Service Provider Charges. You acknowledge and agree that using the Platform or any Services provided by the PingSafe may require access to the internet via your wireless carrier, internet service provider or other methods of internet access, and that access to the Platform or Services may not be available if you do not have an internet connection or for other reasons. You acknowledge and agree that by using the internet to use the Platform or Services, you may incur charges from your wireless carrier, internet service provider or other methods of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the Platform or Services will be in accordance with all requirements of your wireless carrier, internet service provider or other methods of internet access.
- Security via Wireless Carrier/ Internet Service Provider. PingSafe does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
- Platform Security. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
- PingSafe Limited License Grant. Subject to your compliance with these Terms, PingSafe grants you a non-exclusive, non-transferable, non-assignable limited license (without the right to sublicense), solely for your use based on the subscription opted for, to access and use PingSafe’s proprietary technology software hosted on the Platform. You are permitted to use the Platform in jurisdictions not prohibited by applicable law, subject to any exclusions or usage restrictions with respect to jurisdictions or carrier networks enforced or applied by the Platform \.
- Ownership of Platform and Intellectual Property. The Platform is protected under Indian and international copyright laws, and is subject to other intellectual property and proprietary treaties and laws. You must abide by all copyright notices, information, or restrictions contained in or attached to the including but not limited to the following:
- The names, logos, and materials displayed in the Platform constitute trademarks, trade names, service marks or logos (collectively, "Trademarks") owned by, or licensed to PingSafe, its affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with PingSafe or in the case of licensed Trademarks, the licensor.
- The Platform is licensed, and not sold, to you under these Terms, and all rights not expressly granted in these Terms are reserved to PingSafe. You have no ownership rights in the Platform, or any Services. All right, title, and interest in and to the Platform and Services, including all copies, translations, compilations, derivative works, modifications, changes or corrections thereto remains with PingSafe or its licensors, as the case may be.
- You retain all rights in and to the user data, information, and content which you have input into the Platform (“User Content”), and PingSafe does not claim ownership of any User Content that you upload and/or transmit on or through the Platform. You grant PingSafe a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, create derivative works from and display your User Content during the term of this Agreement solely to provide you with the Platform.
- The Platform, including without limitation its structure, organization, and code, are PingSafe's or its licensors', as the case may be, confidential information and constitute trade secrets. You will not directly or indirectly, disclose such information to any third party and will use such information only as expressly permitted by these Terms.
- User Content Restrictions. You may not, nor may you permit any other person to upload, share, publish, transmit or otherwise make available on or through the Platform any User Content that: (i) encourages any unlawful activity, or otherwise in itself unlawful in any manner whatever (ii) infringes patent, trademark, copyright or other proprietary rights of any person, (iii) harms or exploits any person (whether adult or minor) in any manner, (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource (v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
You may also only post or otherwise share User Content that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; and
- Contains any private or personal information of a third party without such third party’s consent.
- Third Party Content. We are not responsible for, and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any third party content, linked websites owned by third parties, third party software which may be linked with, or interacts with the Platform, or third party software or services submitted to, transmitted, displayed or made available on or through the Platform (collectively "Third Party Content"). In this regard please note that:
- PingSafe does not endorse or take responsibility for any Third Party Content, which is not within PingSafe’s control, and PingSafe cannot and will not take responsibility for the information or content thereon. Links with Third Party Content should not be viewed as an endorsement of Third Party Content.
- We are not responsible for and are not liable for any damages or losses arising from your use of any Third Party Content and we do not endorse, support, or guarantee the quality, reliability, or suitability of any Third Party Content. You must comply with any terms and conditions applicable to all Third Party Content that you use or may use.
- You acknowledge and agree that by using the Platform, you may be exposed to third party content or services and any reliance on or use of any third party content or services on or accessible from the Platform by you is at your own risk. Your use of the Platform does not give you any rights in or to any third party content and/or services you may access or obtain in connection with your use of the Platform.
- We do not provide any technical support for any Third Party Content. Please contact the relevant supplying third party for technical support.
- Prohibited Activities & Conduct
We reserve the right to block or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates the Terms, or as may be required by applicable laws and regulations.
You agree that your usage of the Platform shall be subject to and governed by any usage requirements established from time to time by PingSafe. Accordingly, you agree to use the Platform in a manner that complies with all applicable laws.
Unless expressly permitted in writing by PingSafe, you agree not to engage in any of the following prohibited activities when using the Platform, or allow any person to use your access to the Platform to do the same:
- violate any law, regulation, ordinance, or rule (or carry out any actions which may result in violation of any law, regulation or rule when used in a manner permitted by these Terms);
- infringe our rights or any third party's rights, without limitation including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
- adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the Platform;
- remove, obscure or modify any copyright, trade-mark or other proprietary rights notice, marks or indications found in or on the Platform, or misappropriate work protected by the copyright or other intellectual property laws;
- use the Platform for any illegal, deceptive, malicious, misleading or fraudulent activities or other activities;
- sub-license, rent, lease, sell or otherwise distribute, transfer or assign the Platform to any person or entity or charge any person or entity for use or access to the Platform;
- modify, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform or software embedded in the Platform by any means whatsoever, except to the extent that foregoing restriction is prohibited by applicable law;
- perform any acts (including, without limitation, hacking, attacking or overloading our networks or servers) with the intention of adversely affecting the performance or disrupting the Platform or otherwise interfering with, or attempting to interfere with, any user's or any other party's access to the Platform;
- upload viruses or malicious code or technologically harmful material to the Platform, our systems or the systems of other users of the Platform;
- use any robot, spider, crawler, off-line reader, or other technical means to intercept, mine, scrape, monitor, copy, collect or extract information or data from the Platform;
- exploit technical defects in the Platform to benefit yourself and/or others in any manner or engage in any other misconduct, or probe or test the vulnerability of, or otherwise circumvent or attempt to circumvent, defeat or tamper with security measures on the Platform, our systems or the systems of other users;
- You may not use the Platform in an attempt to, or in conjunction with any device, program or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to, or the rights in the Platform;
- engage in any form of harassment, intimidation, defamation to any person or disseminate or share any content that may be considered as insulting, vulgar, obscene, pornographic, fraudulent or contain any illegal information, or send unauthorized or unsolicited messages and spam;
- engage in any "framing," "mirroring," or other techniques directed at simulating the appearance or function of the Platform or misrepresenting the source, or ownership of the Platform; or
- develop any plug-ins, external components, or interconnection elements or other technology that inter-operate with the Platform, except where we expressly permit you to do so.
- use the Platform to gain unauthorized access to any system, account or data or engage in the malicious creation or use of an account, such as creating multiple accounts for cybersquatting purposes;
- register or login to an account or access the Platform by using unauthorized means (including, without limitation, by third-party software or systems not developed, authorized or approved by us) or by impersonating any person or misrepresenting your identity or impersonating another person;
- use the Platform other than for their intended purpose or in any manner inconsistent with these Terms; or
- engage in any other activity that encourages any person or entity to breach these Terms.
- Discontinuation and Changes. PingSafe may change the form or nature of the Platform or Services, and reserves the right to modify, suspend or discontinue your access to them for any reason without notice, in its sole discretion. PingSafe will have no liability whatsoever to you or any third party for any failure of the Platform or Services (including transmitting your data to or from PingSafe's or third party servers) and has no obligation to retain any of your data including Feedback on its servers or to return your data or Feedback to you before deleting them from its servers.
- Termination of Rights. Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In the case of termination, you must cease all use of the Platform or Services and destroy all copies of the Platform in your possession or under your control. PingSafe may immediately revoke your access to the Platform and/or Services. PingSafe's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
- Intermediary Liability. You acknowledge PingSafe will not be liable for any third party information, data, or communication link made available or hosted by it, and that PingSafe’s role and function is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored (in this instance on the Platform). PingSafe does not initiate the transmission, select the receiver of the transmission, nor select or modify the information contained in such transmission. Being an intermediary, we may review (but make no commitment to review) content or third-party programs or services made available through the Platform, in instances such as where a user has reported certain content, to determine and ensure compliance with our Terms, applicable laws and regulations.
- Disclaimer of Warranties. You use the Platform at your own risk and subject to the following disclaimers:
- We do not guarantee that the Platform and Services will always function without disruptions, delays, or imperfections. PingSafe does not warrant that the Platform and Services will meet your requirements in any respect or be available at all times, or that the operation of the Platform or Services will be uninterrupted or error-free, or assume liability for the correction of any or that errors in the Platform and Services. The Platform and Services are provided "as is" and "with all faults" and the entire risk as to the accuracy and performance of the Platform and Services is borne by you. We will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any data stored in the Platform or for any liability should the Platform and Services proves defective, or malfunctions, or causes or results in destruction or loss of your data, or impair the functioning of your device.
- To the fullest extent permitted by law, PingSafe and its suppliers hereby disclaim all warranties with respect to the Platform and Services, express or implied, including any warranties of merchantability, non-infringement, or fitness for a particular use or purpose. You acknowledge that the provisions of this clause are a material inducement and consideration to PingSafe to grant the licenses contained in these Terms and to provide you with access to the Platform and Services.
- Limitation of Liability. To the fullest extent permitted by law, except as may be expressly stated herein, in no event will PingSafe, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors or third party partners be liable for any direct, indirect, special, consequential, incidental, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of savings, business interruptions, loss of data, loss of time, loss of goodwill or other pecuniary loss) arising out of or in connection with these Terms, its subject matter, your use of or inability to use the Platform or Services, or your use of or reliance on any data you may access in connection with your use of the Platform or Services, regardless of whether PingSafe or its suppliers or licensors knows or should know of the possibility of such damages.
- Indemnification. You agree to indemnify, defend and hold harmless PingSafe, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) an inaccuracy or breach of any of the warranties made by you, (ii) any misrepresentation or fraud committed by you, (iii) a violation by you of these Terms, to the fullest extent allowed by law.
- Third Party Claims: If any third party brings a claim ("Third Party Claim") against us related to your actions, information, or content on the Platform, you will, to the extent permitted by law, indemnify and hold PingSafe harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the Platform, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to this Platform are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the Platform, do not permit it.
- Disclaimer of Liability: PingSafe does not control and is not responsible for controlling how or when our users use the Platform or Services. We are not responsible for, and are not obligated to control the actions or information (including content) of our users or other third parties. Accordingly, you release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, or liability that you have against any third parties relating to, arising out of, or in any way connected with the use of the Platform. Your rights with respect to Platform are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental, or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that PingSafe may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of PingSafe's liability will be limited to the fullest extent permitted by applicable law.
- Events Beyond our Control. We are not responsible for events beyond our control and if we have to cancel or delay providing access to the Platform or to Services on account of any event beyond our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for any such delay or cancellation.
- Miscellaneous. If any provision of these Terms is found to be invalid or unenforceable, the Terms will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by PingSafe to prosecute any right with respect to a default hereunder will not constitute a waiver by PingSafe of the right to enforce rights with respect to the same or any other breach.
- Entire Agreement. These Terms together with any In-Platform Terms constitute the entire agreement between you and PingSafe with respect to the subject matter thereof. Unless a mutually executed agreement between you and us states otherwise, no additional or inconsistent terms in any other agreement or document shall modify these Terms or the In-Platform Terms, and these Terms supersede any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Platform).