Terms of services from Piechips

Terms & Conditions:

Updated on 12/05/2023

Welcome! Piechips is your place to engage with interactive contents, collaborate with people, pies, characters, chips, circles and post interesting original contents. We’re happy you’re here.

These terms set forth our legal obligations to each other. They apply to your use of our services.

When we say “Piechips,” “we,” “us,” and “our” in these terms, we mean Cario Growth Services Private Limited., its subsidiaries, and its related companies.

When we say “services” in these terms, we mean services, apps, websites, and other products from Piechips.

When we say “you” or “your,” we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.

We also have a privacy policy and Community Guidelines that apply to your use of our services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. Piechips Paid Services Terms apply to any purchase you make through Piechips.

Together, these rules make Piechips possible, and they matter to us. If you believe others aren’t following them, please let us know via email which is complaints@piechips.com

By using Piechips any of our other products or services that are subject to these Terms (which we refer to collectively as the “Services”), you agree to our Terms & conditions which are presented to you (i) when you first open the app/login and (ii) when we make any material changes to these Terms.

These Terms form a legally binding contract between you and Cario Growth Services Private Limited (Parent company owning the brand “Piechips”). So please read them carefully. You must accept these terms to continue using our products and services. You also agree that our terms, conditions, privacy policy and Community Guidelines are constantly updated and it varies from country to country. You accept that you will periodically read our updated terms, conditions, privacy policy and community guidelines.

ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.

Who we are

We provide services that allow you to interact with other Piechips users and participate in public and private communities (or “pies”). Our services may also include access to certain data, software, features, and content that you can purchase from us or others.

Piechips and its services are provided by Cario Growth Services Private Limited, 173, Cactus Corporate, Sixth floor, TECCI Park, Sholinganallur, Chennai 600 119

Who Can Use the Services

By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you’re responsible for your teenager’s activity on the services.

In Detail:

No one under 13 (or, if greater than 13, the minimum age at which a person may use the Services in your country) is allowed to create an account or use the Services. If you are under 18 (or the legal age of majority in your country), you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and state that:

you can form a binding contract with us;
you are not a person who is barred from using the Services under the laws of India, the United States, the United Kingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
you are not a convicted sex offender; and
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Rights We Grant You

As between you and us, Piechips (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, Pie’s, chips, circles, user profiles, graphics (including any avatars that you may assemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Piechips grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to use the Services alone. This licence is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies, such as our Community Guidelines allow. You may not use the Services in ways that are not authorised by these Terms. Nor may you help anyone else in doing so.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content. How broad that licence is depends on which Services you use and the Settings you have selected.

For all content you submit to the Services, you grant Piechips and our affiliates a worldwide, royalty-free, sublicensable, and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyse, transmit, and distribute that content. This licence is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This licence includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

We call posts submissions that are set to be viewable by Everyone as well as content you submit to public Services, like Public Profiles, characters, Chips, circles, Pies, “Public Content.” Because Public Content is inherently public, you grant Piechips, our affiliates, other users of the Services, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a worldwide, royalty-free, and irrevocable right and licence to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronise, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content (including the separate video, image, sound recording, or musical compositions contained therein) in any form and in any and all media or distribution methods, now known or later developed. When you appear in, create, upload, post, or send Public Content (including your avatar), you also grant Piechips, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, and irrevocable right and licence to use the name, likeness, and voice, of anyone featured in your Public Content. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. The licences granted by you for Public Content continue for so long as the Public Content is on the Services and for a reasonable period of time after you remove or delete the Public Content from the Services (provided we may retain server copies of your Public Content indefinitely). For information about how to tailor who can watch your content, please take a look at our Privacy Policy. All Public Content must be appropriate for people ages 13+.

To the extent permissible by law, you irrevocably waive—or agree not to assert against Piechips or its affiliates—any moral rights or equivalent rights you may have in content you share on the Services throughout the world.

While we’re not required to do so, we reserve the right to access, review, screen, and delete any content (i) which we think violates these Terms, including any additional terms referenced in Section 4, or our policies, such as our Community Guidelines, or (ii) if necessary to comply with our legal obligations. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

We, Piechips ., our affiliates, and our third-party partners may place advertising on the Services, including personalised advertising—with your consent, where required—based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

Additional Terms for Specific Services

Additional terms and conditions listed on the Terms & Policies page or that are otherwise made available to you may apply to specific Services. If you use those Services, then those additional terms become part of these Terms. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using the Services to which they apply.

Use of Third Party Applications/Integrations

We may use third party applications inside our app, however we are ensuring these applications do not target or retrieve users data. Some of the third party application/integrations in the form of API’s/SDK’s include ready player me avatar generator (avatar generator platform, read terms : https://docs.readyplayer.me/ready-player-me/support/terms-of-use) , rocket chat (https://docs.rocket.chat/rocket.chat-legal/terms-of-service) and we have used/considering to use certain open source or commercial generative A.I platform in the form of SDK’s, API’s or direct code integrations. Such opensource or commercial generative A.I companies include Open A.I (https://openai.com/policies/api-data-usage-policies) , stability A.I (https://platform.stability.ai/docs/terms-of-service), open assistant (they are updating their terms) and other platforms in generative a.i. To ensure data protection, we are regularly monitoring our third party integrations.

Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy.

What you can expect from us

We’re actively developing new features and products to improve Piechips. As part of these efforts, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.

Respecting the Services and Piechips Rights

You must also respect Piechips’s rights and any other guidelines, support pages, or FAQ’s published by Piechips or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:

use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials Piechips makes available via the Services, except as explicitly allowed by these Terms , guidelines published by Piechips or our affiliates;
violate or infringe Piechips’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorised third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, Pie or a friend link;
reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access;
probe, scan, or test the vulnerability of our Services or any system or network;
violate any applicable law or regulation in connection with your access to or use of the Services; or access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.

provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies Piechips makes available in order to maintain the safety of the Services.

If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving.

Your Piechips account

To access the services on an ongoing basis, you will need to create a Piechips account. You can provide a username and password, and a way of contacting you (such as an email address and/or phone number). To access certain features or communities, you may need to verify your account or add other information to your account. Our Privacy Policy discusses what information we collect and how we use this information in more detail.

You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong (guidelines are provided when using the application for password creation), and we (strongly) recommend that you use that password only for your Piechips account and that you enable two-factor authentication. If your account is compromised, we may not be able to restore it to you.

You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account, and we may not be able to restore your Piechips account to you if you no longer have access to that email account or phone number. We may also assume that any communications we’ve received from your account or the associated contact information have been made by you.

You agree not to license, sell, or transfer your account without our prior written approval.

App Content :

All the contents in our platform are monitored regularly, any offensive language used will be removed. We are also using an automated filtering process to remove offensive and/or adult contents. Our App is also moderated by our content team. Any unwanted or unrelated/offensive information will be removed from our app within 48 hours.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

By providing us with your mobile phone number, you agree to receive SMS messages from Piechips related to the Services, including about promotions, your account, and your relationship with Piechips. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any kind of “Do Not Call” list, or international equivalent.

If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 48 hours to prevent us from sending messages intended for you to someone else.

Advanced technologies

We use and develop advanced technologies such as metaverse, Blockchain, NFT’s, artificial intelligence, machine learning systems, deep neural learning engines, virtual reality, tokenization and augmented reality so that people can use our Products safely regardless of any constraints. For example, technology such as this helps people who have visual impairments understand what or who is in photos or videos shared on Pies. We also build sophisticated network and communication technology to help more people connect with Piechips. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

Research

We engage in research to develop, test and improve our Products. This includes analysing data that we have about our users, and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.

Content in Piechips services

Your Content

When we say “your content” in these terms, we mean all the things you add (upload, post, share, or stream) to our services. This may include text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the services, it includes that too.

You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.

Our services allow users to add content in a number of different ways, including via direct messages and in smaller and larger communities. Some of these spaces are public, and if you share content within them, that content may be accessed by people you do not know. For example, some pies or characters are available in the Search section, suggested pies or characters and do not require an invite link to join. Other Pie / character owners may publish their pie invite link on public websites. Anyone can access these Pies/ characters . You should be aware that these permissions are set by Pie/ character owners or admins, and they may change over time. Please understand the difference between posting in public and private Pies on Piechips, and choose the right pie, features, and settings for you and your content. To understand how we treat your personal information, see our Privacy Policy.

Your content is yours, but you give us a license to it when you use Piechips. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:

Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others. (For example, so we can display your messages if you post them in public Pies.)
Monitor, modify, translate, and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)
Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)

This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.

We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these terms, our Community Guidelines or any applicable terms, law or regulation.

We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you. You can send us feedback to feedback@piechips.com

Piechips content

Our services include some content that belongs to us. You may use this content as permitted by these terms, however you don’t have rights to own or distribute the content for user engagement or for commercial usage and distribution. We retain all intellectual property rights in our content. There are selective contents named or tagged as premium contents or contents from our (Includes company, our executives and employees) official pie pages. There are also some selective pies managed by us. In these pies or posts the content is owned by us.

Characters and Character Genisis A.I

Chips aka Characters in public Space are characters that we (Team Piechips Administrators) have created . Chips will resemble any characters that people see in real life (eg: vegetables like Potato, tomato etc…). These characters are powered by our inhouse A.I (Artificial Intelligence) engines powered by our inhouse AI model called “Character Genesis A.I” and reputed AI models. The objective of introducing “CHARACTERS” is that any information that we consume can be directly from the object that we interact with in our day to day life. This will help in Education, media and entertainment industry. The Characters , its post will be moderated by a Human. In near future we would give opportunity for our platform users to become Characters moderators. However a Human control measure is always kept.

(This section is updated in our Privacy policy section, please read that)

Origin of Piechips (Information removed as on April 2023)

Origin of Piechips is a fictional story for our app marketing purposes. It includes our inhouse characters like Dr Boa and Mo. The story is based on a time travel sequence to the future. This fictional story and characters are represented in our APP platform to engage users.

Other content

Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Piechips own views. Piechips doesn’t endorse or verify the accuracy or reliability of content shared by Piechips users. We work hard to try to make our app a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Piechips reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms or Community Guidelines.

Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.

Software in Piechips services

License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services.

You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.

Although we are granting you this license, we retain any intellectual property rights we have in our software and services.

Third Party Software and Services. Our services may allow you to access apps, bots, or other products, features or services developed by third parties. It’s your choice whether to use these products and whether to participate in Piechips Pies that incorporate these features, and you should review any terms and policies provided by the third party before doing so. The third party’s terms and policies, and not Piechips, govern your use of these products or services. While these third party services do need to follow all policies that apply to them (which may include our Community Guidelines, Developer Terms of Service, and Developer Policy), Piechips is not responsible for products developed by third parties.

Advertisement Policy

We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things such as their business goal, and the kind of audience that they want to see their ads (for example, people between the ages of 20-30 who like Yoga). We then show their ad to people who might be interested.

We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Piechips. For example, we provide general demographic and interest information or meta data to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 35 who lives in New York and likes Aeronautical Engineering) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.

We collect and use your personal data in order to provide the services described above for you. You can learn about how we collect and use your data in our Privacy Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you.

Data Policy

We collect Meta data from the information that you share, contribute and sell using our platform. Meta data may include but not limited to any data linked to your user profile such as avatars, age, occupation, location, school or college, company or organization that you work for, your pies, posts, chips, circles, comments, likes, stars, smileys, golden buzzers, souls, location, device signals, information’s that separates your device from others, camera, access to your device storage, contacts information, gps data, tags, hashtags that you used, information about the network that you connect your device to, your selling and purchase information, Reports about our products’ performance on your device or any other information or access that you grant us.

blocked users or pies, your contact information like email ID & phone number including recovery or additional contact number.

Please remember that the following information will only be used to improve user friendliness of our platforms or services that you as a user have access to. We don’t sell your data’s to third party vendors or to any company/group or organization that may put your sensitive information at risk or that may cause, abuse or harm you in any manner. We have zero tolerance towards data leakage and misuse of user’s data. We take utmost precaution and preventive measures to prevent suspicious events that compromises our security and data storage. We are using the best security measures like Blockchain technology, end to end encryption, peer to peer or node to node encryption, Avatar protection technologies, Multiple factor authentication etc…Our servers have dual layer host protection. We take the best measures to protect your data. You data with us will be secured.

This is an core overview of our data policy. Apart from this data policy we have enlisted in detail, how we collect and process your information in our dedicated Privacy Policy page.

Copyright

We respect the intellectual property of others and expect our users to do the same. If any infringements arising but not being related to Piechips original content, then the users themselves have to file a copyright complaint and must resolve the legal proceedings (if any).

Images and videos used in Piechips App or other Platforms

Although most of the contents you see in our platform are User Generated Contents (UGC). Some contents in our platform that we use, have images and videos sourced from open source, free to use websites providing stock photos/videos , free to use editorial tools and applications or organizations which provide free to use tools or charge a freemium model or minimum charges. We have also used certain paid stock images or image generator softwares. For Eg., Pixabay, Unsplash etc…. For our “Chips” module, we have used certain images/illustrations from DALL E 2, Open AI. We have agreed to the common usage terms set by these companies and we wish to further collaborate with them in whatever ways possible to ensure our platform users are happy.

Piechips paid services

We won’t charge you a fee to use the basic functionality of our services. As on February 2023, we dont have any paid servies. However, in the near future, you may be able to pay for additional features and products. Piechips Paid Services Terms also apply to any purchase you make through Piechips, and you may also be asked to agree to separate terms before purchasing or selling new offerings through Piechips.

Restrictions on your use of Piechips services

When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our Community Guidelines, which contain more detailed rules about your content and behaviour when using Piechips. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:

Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, harassing, bullying, spamming, auto-messaging, or auto-dialling people through our services.
Don’t use the services to do harm to Piechips. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
Don’t use the services to do anything else that’s illegal. This includes using the services to commit any crime or infringe anyone’s intellectual property rights.

We encourage you to report content or conduct that you believe violates these restrictions.

Termination

Your right to terminate. You’re free to stop using Piechips’s services at any time and for any reason. You can delete your Piechips account through the User Settings>Account control page in the Piechips app. You can also disable/deactivate your account, which restricts the processing of your personal information as described in our Privacy Policy. Disabling/Deactivating your account does not terminate this agreement. Our right to terminate subjects to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:

You breach these terms, our policies, or additional terms that apply to specific products.
We’re required to do so to comply with a legal requirement or court order.
We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
Your account has been inactive for more than two years.

However, we will give you advance notice if reasonable to do so or required by applicable law. You can appeal any enforcement action we take under these terms.

Indemnity

If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Piechips and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.

Services “AS IS”

We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PIECHIPS, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places such as the European Union that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.

Limitation of liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER PIECHIPS, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIECHIPS OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), PIECHIPS LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

PIECHIPS ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIECHIPS AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Settling disputes between you and Piechips

Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, let’s consult with each other first. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending notice to disputes@Piechips.com.

If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.

Governing law and jurisdiction. If you are living in the U.S.A, The Federal Arbitration Act, federal arbitration law, and Delaware law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any of these disputes that are not subject to arbitration will be resolved exclusively in the state or federal courts in Dover County, Delaware, and you and Piechips both consent to venue and personal jurisdiction in these courts.

If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.

If you are living in India, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Chennai (Madras High Court), TN, India.

‍Other remedies. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

‍Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@Piechips.com when you first register your Piechips account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Piechips also will not be bound by them.

‍Exceptions. You or Piechips may still pursue claims, if they qualify, in small claims court in DoverCounty, Delaware, or any U.S. county where you live or work. The small claims court, and not any arbitrator, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration, and the informal notice required by this section won’t apply to these disputes. Class waiver. IF YOU’RE A U.S. RESIDENT, YOU AND PIECHIPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

Class waiver. IF YOU’RE A U.S. RESIDENT, YOU AND PIECHIPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

More important stuff

You have certain rights that, by law, can’t be limited by these terms, and we in no way intend to restrict those rights in these terms.

Entire agreement. These terms cover the entire agreement between you and Piechips for your use of our services.

Additional terms. Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.

Bug reporting. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to bugs@piechips.com

Export Control. You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. Further, you represent and warrant that you are not located in North Korea, on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.

Waiver, severability, and assignment. If you fail to follow these terms and we don’t immediately act, that doesn’t mean we’re giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.

Survival. Any part of these terms that by their nature should survive after termination of these terms will survive.

Updates to these terms. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Piechips use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.

Apple App Store. If you download the Piechips app from the Apple App Store or use our app on an iOS device, the below paragraph applies to you.

Apple has no obligation to furnish any maintenance and support services with respect to the Piechips app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the app purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Piechips app. Apple is not responsible for addressing any claims by you or any third party relating to the Piechips app or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Piechips app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Piechips app infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these terms, and upon acceptance of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Piechips app.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Piechips, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.

Disclaimers

We will try hard to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

The Services are provided “as is” and “as available” and to the extent permitted by law and except as stated above, without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while Piechips Group Limited attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be entirely secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) any content or information you obtain through the Services will always be timely or accurate.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED.

To the fullest extent permitted by law, Piechips Group Limited, Piechips Inc., and our affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, views, or stores on or through our Services and you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Piechips Group Limited, Piechips Inc., nor our affiliates will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

Limitation of Liability

Cario Growth Services Private Limited, Piechips., and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. Except to the extent specified otherwise in any other applicable terms of Cario Growth Services Private Limited, Piechips ., or our affiliates, in no event will Cario Growth Services Private Limited, Piechips., or our affiliates’ aggregate liability for all claims relating to the Services exceed the greater of (a) €100 EUR, and (b) the amount you paid Piechips Group Limited in the last 12 months for any Services.

Nothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in respect of the provision of Services by Cario Growth Services Private Limited, Piechips., or our affiliates) shall exclude or limit Cario Growth Services Private Limited, Piechips, or our affiliates’ liability for: (a) death or personal injury arising from their own respective intent or negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.

Further, nothing in these Terms affects your statutory rights as a consumer.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.

Dispute Resolution and Arbitration

If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.

Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.

If you are using the Services on behalf of a business (rather than for your personal use), you and Cario Growth Services Private Limited, Piechips agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled through binding arbitration.

Exclusive Venue

To the extent that these Terms allow you or Piechips to initiate litigation in a court, both you and Piechips agree that all claims and disputes (whether contractual or otherwise), arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Piechips consent to the exclusive jurisdiction of those courts.

Choice of Law

The laws of India govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of India to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Final Terms

These Terms, including the additional terms referenced in Section 4, make up the entire agreement between you and Piechips, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

Contacting each other

If you have any questions about these terms, please contact us at terms@Piechips.com. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing. In addition to these terms you may also refer https://cariogrowth.com/privacy-policy-cookies/

The company responsible for the Services outside the United States is called Cario Growth Services Private Limited, Piechips and is located in India at 173, Cactus Corporate, Sixth floor, TECCI Park, Chennai 600 119