Terms & Conditions
Last updated May 16, 2023
1. Agreement to terms
These Terms and Conditions ("Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and PC7 d.o.o. ("Company," "we," "us," or "our"), regarding your access to and use of the PandaChat website located at https://www.pandachat.ai/ (the "Site"), as well as any other media forms, channels, mobile websites, or applications related to or connected with the Site (collectively, the "Site").
By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, you are expressly prohibited from using the Site, and you must discontinue use immediately.
Supplemental terms, conditions, or documents that may be posted on the Site from time to time are hereby expressly incorporated into this Agreement by reference. We reserve the right, at our sole discretion, to modify or change these Terms and Conditions periodically. We will notify you of any such changes by updating the "Last updated" date of these Terms and Conditions. By continuing to use the Site after the revised Terms and Conditions are posted, you acknowledge and accept any modifications or changes made.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would require us to comply with any registration requirement within that jurisdiction or country. Therefore, if you choose to access the Site from other locations, you do so voluntarily and are solely responsible for compliance with local laws, if applicable.
Please note that the Site is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subject to such laws, you are prohibited from using this Site. Additionally, the use of the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA) is strictly prohibited.
The Site is intended for users who are at least 13 years old. If you are a minor under the age of 18, you must obtain permission from your parent or guardian and be directly supervised by them to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms and Conditions on your behalf before you can use the Site.
2. Intellectual property rights
Unless stated otherwise, the Site is the exclusive property of PC7 d.o.o. ("Company"), and all the content, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics displayed on the Site (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are either owned or controlled by the Company or licensed to us. These materials are protected by copyright, trademark laws, intellectual property rights, and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site "AS IS" for informational and personal use only.
Except as expressly permitted by these Terms and Conditions, you are prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting any part of the Site, Content, or Marks for any commercial purpose without the express prior written permission of the Company.
Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site. You may also download or print a copy of any portion of the Content, provided that you have obtained proper access, solely for your personal, non-commercial use. All rights not expressly granted to you regarding the Site, Content, and Marks are reserved by the Company.
3. User representation
By accessing and using the Site, you represent and warrant the following:
- All the information you provide during registration is true, accurate, current, and complete.
- You will maintain the accuracy of your registration information and promptly update it as needed.
- You have the legal capacity to enter into and comply with these Terms and Conditions.
- You are at least 13 years old.
- If you are a minor in your jurisdiction, you have obtained parental permission to use the Site.
- You will not access the Site using automated or non-human means, such as bots or scripts.
- You will not use the Site for any illegal or unauthorized purposes.
- Your use of the Site will not violate any applicable laws or regulations.
If you provide information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and deny you any present or future use of the Site (or any part thereof).
4. User registration
Registration with the Site may be required. You agree to keep your password confidential and will be responsible for all activities conducted through your account. We reserve the right to remove, reclaim, or change any username you choose if we determine, at our sole discretion, that it is inappropriate, obscene, or objectionable in any way.
5. Fees and payment
We accept Visa as a form of payment.
Certain services on our Site may require a purchase or payment. You agree to provide accurate and complete information for all purchases made through the Site. It is your responsibility to promptly update your account and payment details, including email address, payment method, and payment card expiration date, to ensure successful transactions and effective communication. We will bill you through an online billing account for any purchases made via the Site. Applicable sales tax will be added to the purchase price as required by law. Prices are subject to change without prior notice. All payments must be made in Euros.
By making a purchase, you authorize us to charge your chosen payment method for the specified amount. If your purchase incurs recurring charges, you consent to automatic recurring billing without requiring further approval for each recurring charge until you cancel or notify us of your intent to cancel.
We reserve the right to correct any pricing errors or mistakes, even if payment has already been requested or received. We also reserve the right to reject any order placed through the Site.
You have the option to cancel your subscription at any time by accessing your account and following the cancellation process. Please note that the cancellation will become effective at the end of the current paid term.
If you have any concerns or are dissatisfied with our services, please contact us via email at [email protected].
At times, we may provide software for use in conjunction with our services. If the software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your usage of the software. In cases where the software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our services and in accordance with these Terms and Conditions.
Any software provided, along with any related documentation, is provided "as is" without any warranties, whether express or implied. This includes but is not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. You accept all risks associated with the use and performance of any software. Reproduction or redistribution of any software is prohibited except as expressly permitted by the EULA or these Terms and Conditions.
8. Prohibited activities
The Site is intended for the purpose for which it is made available, and you are strictly prohibited from using it for any other purposes. Commercial endeavors on the Site are only permitted if specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Retrieve data or other content from the Site in a systematic manner to create collections, compilations, databases, or directories, whether directly or indirectly, without our written permission.
- Attempt to deceive, defraud, or mislead us or other users, particularly by trying to obtain sensitive account information such as user passwords.
- Circumvent, disable, or interfere with any security-related features of the Site, including those that prevent or restrict the use, copying, or access to any content. This includes violating any limitations imposed on the use of the Site and its content.
- Disparage or harm us and/or the Site in any way that we deem detrimental.
- Use any information obtained from the Site to harass, abuse, or harm another individual.
- Misuse our support services or submit false reports of abuse or misconduct.
- Violate any applicable laws or regulations while using the Site.
- Engage in unauthorized framing or linking to the Site.
- Upload or transmit viruses, Trojan horses, or any other harmful material that may disrupt the uninterrupted use and enjoyment of the Site, or modify, impair, disrupt, alter, or interfere with the operation, features, functions, or maintenance of the Site.
- Employ automated means such as scripts, data mining, robots, or similar tools to engage in any form of automated system use, including sending comments or messages.
- Remove copyright or other proprietary rights notices from any content.
- Impersonate another user or person or use someone else's username.
- Upload or transmit any material that acts as a passive or active mechanism for collecting or transmitting information, including clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices commonly referred to as “spyware” or “passive collection mechanisms” or “pcms”.
- Interfere with, disrupt, or excessively burden the Site, its networks, or connected services.
- Harass, annoy, intimidate, or threaten our employees or agents involved in providing the Site.
- Attempt to bypass any measures on the Site designed to prevent or restrict access, or any part thereof.
- Decipher, decompile, disassemble, or reverse engineer any software comprising or forming part of the Site, except as permitted by law.
- Use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers, that accesses the Site without authorization, or employ unauthorized scripts or software.
- Utilize a buying agent or purchasing agent to make purchases on the Site.
- Engage in any unauthorized use of the Site, including collecting usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails or creating user accounts under false pretenses.
- Use the Site to compete with us or exploit the Site and/or its content for revenue-generating activities or commercial enterprises.
- Sell or transfer your profile to another party.
- Use the Site for advertising or offering to sell goods and services.
9. User-Generated content
The Site offers you the opportunity to engage in various activities such as chatting, contributing to blogs, participating in message boards and online forums, and accessing other interactive features. You can create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including text, writings, videos, audios, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Please note that Contributions may be visible to other users of the Site and through third-party websites. Therefore, any Contributions you share should be considered as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant the following:
- Your Contributions, including their creation, distribution, transmission, public display, performance, and the act of accessing, downloading, or copying them, do not and will not infringe upon the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You are the rightful creator and owner of the Contributions, or you possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to utilize your Contributions in accordance with the Site and these Terms and Conditions.
- You have obtained written consent, release, and/or permission from every identifiable individual person featured in your Contributions to use their name or likeness, enabling the inclusion and use of your Contributions as contemplated by the Site and these Terms and Conditions.
- Your Contributions are truthful, accurate, and not misleading.
- Your Contributions are not unsolicited or unauthorized forms of advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not intended to harass or threaten any other person in a legal sense, nor do they promote violence against any specific person or class of people.
- Your Contributions do not violate any applicable laws, regulations, or rules.
- Your Contributions do not infringe upon the privacy or publicity rights of any third party.
- Your Contributions do not violate any laws concerning child pornography or any other laws intended to protect the health or well-being of minors.
- Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate these Terms and Conditions, including any provisions, or any applicable laws or regulations.
Engaging in any activity on the Site that violates the above guidelines constitutes a violation of these Terms and Conditions and may lead to consequences such as the termination or suspension of your rights to use the Site.
10. Contribution license
When you post or make your Contributions accessible on the Site, including linking your social networking accounts to your Site account, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions. This includes your image and voice, for any purpose, whether commercial, advertising, or otherwise. We may also create derivative works of your Contributions or incorporate them into other works and grant sublicenses for the same. These rights extend to all media formats and channels, both known and developed in the future.
This license applies to any form, media, or technology, and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal or commercial images you provide. By granting this license, you waive all moral rights in your Contributions, and you confirm that no moral rights have been asserted in your Contributions.
We do not claim ownership over your Contributions, and you retain full ownership and intellectual property rights associated with them. We are not responsible for any statements or representations in your Contributions on the Site. You are solely responsible for your Contributions, and you agree to release us from any responsibility and refrain from taking any legal action against us regarding your Contributions.
We reserve the right, at our sole discretion, to edit, redact, or change any Contributions, re-categorize Contributions for better placement on the Site, and pre-screen or delete any Contributions without notice. However, we have no obligation to monitor your Contributions.
11. Guidelines for reviews
On the Site, we may provide areas for leaving reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person or entity being reviewed.
- Your reviews should not contain offensive profanity, abusive language, racism, hate speech, or any form of discrimination based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not reference illegal activities.
- If posting negative reviews, you should not be affiliated with competitors.
- Your reviews should not make conclusions about the legality of conduct.
- You may not post false or misleading statements.
- You may not organize campaigns encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are not obligated to screen or delete reviews, even if they are deemed objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of our affiliates or partners. We assume no liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (referred to as "Submissions") that you provide to us are non-confidential and will become our sole property. We will have exclusive rights, including all intellectual property rights, and the unrestricted use and dissemination of these Submissions for any lawful purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you. By making Submissions, you waive all moral rights associated with them, and you warrant that the Submissions are either original to you or that you have the right to submit them. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
14. Third-Party websites and content
The Site may contain links to other websites ("Third-Party Websites") or display content from third parties, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of links to Third-Party Websites or the availability or installation of Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and these Terms and Conditions will no longer apply. We recommend reviewing the applicable terms, policies, privacy practices, and data gathering practices of any website you visit from the Site or any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be done through other websites and companies, and we are not responsible for such purchases, as they are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you will hold us harmless from any harm caused by your purchases. Furthermore, you will hold us harmless from any losses or harm resulting from Third-Party Content or any interactions with Third-Party Websites.
15. European government rights
Our services are considered "commercial items" as defined in the applicable regulations. If our services are acquired by or on behalf of any governmental agency, they will be subject to these Terms and Conditions in accordance with the relevant European laws and standards governing procurement and acquisitions. This includes adherence to the specific regulations and guidelines set forth for computer software, technical data, and related services.
We ensure compliance with the European Union's General Data Protection Regulation (GDPR) and other applicable privacy laws. Our services prioritize the protection of personal data and user privacy in accordance with these regulations. We commit to handling and processing personal information securely and transparently, providing individuals with control over their data and respecting their rights regarding its collection, use, and retention.
We acknowledge the importance of data protection and privacy rights in Europe, and we strive to uphold these principles throughout our services. Any clauses or provisions regarding government rights in computer software or technical data under these Terms and Conditions are compliant with European standards and do not infringe upon the rights and protections afforded to individuals under European law.
16. Site management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms and Conditions.
- Take appropriate legal action, at our sole discretion, against anyone who violates the law or these Terms and Conditions, including reporting such users to law enforcement authorities.
- Exercise our sole discretion to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any part thereof.
- Exercise our sole discretion, without notice or liability, to remove or disable files and content from the Site that are excessively large or burdensome to our systems.
- Manage the Site in a manner intended to protect our rights and property, as well as facilitate the proper functioning of the Site.
18. Copyright infringements
Respecting the intellectual property rights of others is of utmost importance to us. If you believe that any material available on or through the Site infringes upon your copyright, please notify us immediately using the contact information provided below ("Notification"). A copy of your Notification will be forwarded to the person who posted or stored the material in question. We would like to inform you that making material misrepresentations in a Notification may result in liability for damages in accordance with applicable law. Therefore, if you are uncertain whether the material located on or linked to by the Site infringes your copyright, we recommend seeking advice from a legal professional before proceeding with a Notification.
19. Term and termination
These Terms and Conditions will remain valid and effective as long as you use the Site. While we do not wish to restrict access to the Site, we reserve the right, at our sole discretion and without prior notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any individual for any reason or no reason. This may include, but is not limited to, instances of breach of representation, warranty, covenant, applicable law, or regulation. We retain the right to terminate your use or participation in the Site, delete your account, and remove any content or information you have posted, at any time and without warning, at our sole discretion.
In the event that we terminate or suspend your account, you are expressly prohibited from registering and creating a new account using your name, a fictitious name, or the name of any third party, regardless of whether you are acting on behalf of such third party. Along with account termination or suspension, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.
20. Modifications and interruptions
We reserve the right to change, modify, or remove the content of the Site at our sole discretion, without prior notice. While we are under no obligation to update the information on our Site, we may choose to do so. Additionally, we may modify or discontinue all or part of the Site without notice at any time. We will not be held liable for any modifications, price changes, suspensions, or discontinuations of the Site.
Please note that we cannot guarantee uninterrupted availability of the Site. We may encounter hardware, software, or other technical issues or need to perform maintenance activities that may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time or for any reason, without providing notice to you. You agree that we shall bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation. These Terms and Conditions do not impose an obligation on us to maintain and support the Site or to provide any corrections, updates, or releases in connection with it.
21. Governing law
These terms and conditions are governed by and construed in accordance with the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and your habitual residence is in the European Union (EU), you are additionally protected by the mandatory provisions of the law of your country of residence. PC7 d.o.o. and you agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may assert your consumer protection rights in relation to these terms and conditions in the United Kingdom or in the EU country where you reside.
22. Dispute resolution
The European Commission provides an online dispute resolution platform that can be accessed here: https://ec.europa.eu/consumers/odr. If you wish to bring a matter to our attention, please contact us.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
The Site is provided on an "as-is" and "as-available" basis. You acknowledge that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, regarding the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and we assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content and materials
- Personal injury or property damage of any nature resulting from your access to and use of the Site
- Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein
- Interruption or cessation of transmission to or from the Site
- Bugs, viruses, trojan horses, or similar harmful components transmitted to or through the Site by any third party
- Errors or omissions in any content and materials, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
25. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will, at all times, be limited to the amount paid, if any, by you to us. Certain laws in your jurisdiction may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your contributions
- Your use of the Site
- Breach of these Terms and Conditions
- Any breach of your representations and warranties set forth in these Terms and Conditions
- Your violation of the rights of a third party, including intellectual property rights
- Any harmful act towards any other user of the Site with whom you connected via the Site
However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification when we become aware of it.
27. User data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
28. Electronic communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. By using the Site, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. By accepting these Terms and Conditions, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or that mandate payments or the granting of credits by any means other than electronic means.
These Terms and Conditions, along with any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions shall be interpreted to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms and Conditions or your use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of us having drafted them. By accepting these Terms and Conditions, you waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the absence of physical signatures by the parties involved.
30. Contact us
If you have a complaint regarding the Site or if you need further information about the use of the Site, please contact us at the following address:
- PC7 d.o.o.
- 68 Cesta Andreja Bitenca
- 1000 Ljubljana
- [email protected]