Terms of Use

[Last Modified: February 29, 2024]

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Pison Technology, Inc. (“Pison”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Pison website (the “Site”), our devices, and associated applications, software, websites, products, and services (collectively, the “Services”). 

Please read the Terms of Use carefully before you begin using the Services. By accessing or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use, and any documents incorporated herein, from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. 

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not want to agree to revised Terms of Use, you must cease using the Services.  

Accessing and Using the Services 

Pison grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, and access and view the Content (as defined herein), for personal, non-commercial use only and subject at all times to compliance with these Terms of Use.

To access some or all of the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, account credentials, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password, or account, or any other breach of security. 

We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You certify that you have the legal capacity and authority to accept these Terms of Use on your own behalf or on behalf of any party you represent. You further certify that you are legally permitted to use the Services, and you agree to take full responsibility for your activities and interactions with the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

We reserve the right to amend, modify, change, or update the Services at any time in our sole discretion. We will not be liable if for any reason (including but not limited to malfunction, maintenance, repair, or causes beyond our control) all or any portion of the Services are or become unavailable at any time or for any period. 

You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who may access the Site through your internet connection are aware of these Terms of Use and comply with them.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. 

You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To send, knowingly receive, upload, download, use, or reuse any material which does not comply with the content standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Pison, a Pison employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or exploit Pison or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material made available through the Services.
• Copy, modify, or create derivative works of any of the material made available through the Services, in whole or in part. 
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Services.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

Intellectual Property Rights

The Services and the contents, features, and functionality therein (including but not limited to all data, information, documentation, software, executable code, computer code, technology, text, displays, images, video, audio, and electronic art, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not use, rent, lease, lend, sell, assign, sublicense, reproduce, adapt, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, transfer, store, transmit, or otherwise exploit the Content, the Services, or any portion thereof (including any third-party software incorporated therein), except to the extent permitted by these Terms of Use.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pison or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services:

• Use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any page, without Pison’s express written consent.
• Use Pison’s name, any Pison trademark or logo, or any Pison proprietary information without Pison’s express written consent.
• Remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Content.
• Access or tamper with non-public areas of the Services, Pison’s computer systems, or the technical delivery systems of Pison’s providers.
• Test the vulnerability of any Pison system or breach any security or authentication measures.
• Circumvent any technological measure implemented by Pison or any of Pison’s providers or any other third party (including another user) to protect the Services.
• Access the Services or Content through the use of any mechanism other than through the use of an authorized connection.
• Adapt, decompile, disassemble, reverse engineer, decode, tamper with, or otherwise attempt to derive the source code of any software that Pison provides to you or any other part of the Content or Services.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Services or Content in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You must not access or use for any commercial purposes the Services or any part thereof. 

We may update any Content from time to time (which may include upgrades, bug fixes, patches, other error correction, and/or new features), but Content is not necessarily complete or up-to-date. Content may be out of date at any given time, and we are under no obligation to update it. All updates will be deemed part of the Content and be subject to all terms and conditions of this Agreement.

User Contributions 

The Services may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”). All User Contributions must comply with applicable federal, state, local, and international laws and regulations. User Contributions must not:

• Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, according to your account settings.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

• Monitor use of the Services to ensure compliance with these Terms of Use.
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or otherwise using the Services. YOU WAIVE AND HOLD HARMLESS PISON AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Paid Services 

“Paid Services” include the Services for which there may be one-time purchases or automatically renewing subscription services (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which Services or portions thereof require payment. We reserve the right to adjust pricing for our Paid Services, or any features or components thereof, in any manner and at any time. Any price changes will take effect following notice to you.

Certain Paid Services are subscription-based purchases, to which the following terms apply:

Automatically Renewing Subscriptions. Your Subscription may be for monthly or annual terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with these Terms of Use. Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the applicable Subscription fee plus any applicable taxes and charges. Before charging you for a Subscription Term, we will notify you of the applicable fee, and the renewal will occur at the price then in effect for the Paid Service.

Subscription Cancelation. You may cancel your Subscription at any time. Your cancelation will take effect at the end of the current Subscription Term. When you cancel a Subscription, you cancel only future charges for your Subscription. Cancelation does not entitle you to a refund of any previously paid Subscription fees, and you will not receive a prorated refund for the remainder of the Subscription Term. You will continue to have full access to the Subscription until the end of the current Subscription Term. Notwithstanding the foregoing, at any time for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

To cancel your Subscription, contact us at support@pison.in-beta.link. In the event you cancel your Subscription, please note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. Prior to starting your free trial we will notify you of the applicable Subscription fees that will be charged at the expiration of your free trial. Unless you cancel your Subscription prior to the end of your free trial, your designated payment method will be charged on a recurring basis for your Subscription fee, plus any applicable taxes and charges, for as long as your Subscription continues. You must cancel your Subscription before the end of your free trial period to avoid any charges. Instructions for canceling your Subscription are described above. 

Payment and Billing. Your payment information will be processed and stored through a third-party payment processor. All subscribers must maintain at least one (1) valid payment method for payment of fees, which are described in more detail during checkout. You acknowledge that fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancelation. Fees shall be charged or debited from the designated payment method you provide one (1) day prior to the monthly or yearly anniversary of the initial purchase date.

If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.

Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You agree to report any unauthorized or prohibited use of the Paid Services.

Terms of Sale and Limited Warranty

Pison’s Terms of Sale and Limited Warranty apply to purchases of physical goods from us, and the same are incorporated into and made a part of these Terms of Use.  

Linking to the Site; Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to link from your own or certain third-party websites to certain content, send e-mails or other communications with certain content, or links to certain content, or cause limited portions of content to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  

Subject to the foregoing, you must not establish a link from any website that is not owned by you, or cause the Services or any part thereof to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Services

The Services may provide or contain links to other websites and resources maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Pison with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

If you decide to access any third party website linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Pison makes no representations or warranties with respect to any third-party content.  

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PISON NOR ANY PERSON ASSOCIATED WITH PISON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PISON NOR ANYONE ASSOCIATED WITH PISON REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS.

PISON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PISON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR CONTENT, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND/OR LOSS OF DATA.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL PISON OR ANY PERSON ASSOCIATED WITH PISON BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Pison, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any action, claim, liability, damage, demand, judgment, award, loss, cost, expense, or fee (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including but not limited to your User Contributions, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Reliance on Information

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.

THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY PISON. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.

THE SERVICES AND CONTENT, WHETHER PROVIDED BY US OR THIRD PARTIES, ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON OR THROUGH THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PISON.

Information About You

All information we collect in connection with your use of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Terms Related to Apple

In addition to the other terms and conditions set forth herein, the following terms shall apply to the extent you use an Apple, Inc. (“Apple”) device (e.g., iPhone, iPad) to access Pison software applications:

• You acknowledge that these Terms of Use are between you and Pison only, and not with Apple, and that Apple does not have any responsibility for Pison software applications or the content thereof.
• You may not use the Pison software applications in any manner that is in violation of or inconsistent with the Usage Rules set forth for Pison software applications in, or otherwise be in conflict with, the Apple App Store Terms and Conditions.
• You must comply with applicable third party terms of agreement when using Pison software applications.
• Your license to use the Pison software applications is limited to a non-exclusive, revocable, non-transferable license to use such software on an Apple product that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to Pison software applications.
• Without limiting the disclaimers and limitations of liability set forth herein, to the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to Pison software applications. In the event of any failure of Pison software applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Pison software applications, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pison’s sole responsibility, to the extent it cannot be disclaimed under applicable law.  
• Without limiting the disclaimers and limitations of liability set forth herein, to the maximum extent permitted by applicable law, Apple is not responsible for addressing any claims relating to the Pison software applications or your possession and/or use thereof, including but not limited to (i) product liability claims; (ii) any claim that Pison software applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; 
• In the event of any third party claim that Pison software applications or your possession or use thereof infringes that third party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
• 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.
• Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use with respect to the Pison software applications, and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Pison software applications.
• If you have any questions, complaints, or claims with respect to the Pison software applications, they should be directed to Pison at the contact information set forth below.  

Governing Law, Jurisdiction, Arbitration

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Before filing a claim against Pison, you agree to attempt to resolve any such claim or dispute informally by contacting us at: notices@pison.in-beta.link. We will endeavor to resolve the dispute within fifteen (15) days of receipt of notice. If a resolution is not reached within such period, you or Pison may bring a formal proceeding as set forth herein.  

You agree to resolve any disputes or claims arising out of or related to the Services or these Terms of Use through final and binding arbitration by a single arbitrator under the Rules of Arbitration of the American Arbitration Association. This includes disputes arising out of or relating to interpretation or application of this section, including its enforceability, revocability, or validity. 

Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. Subject to the arbitration provision above, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in Boston, Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under these Terms of Use.  

Waiver and Severability

No waiver of any term, provision, or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition (whether or not similar), and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. No waiver shall be binding unless executed in writing by the party making the waiver.  

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use (including all documents incorporated by reference) constitute the sole and entire agreement between you and Pison with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

You may not assign these Terms of Use to any other party, and any attempt to do so is expressly void.  

Your Comments and Concerns

All feedback, comments, requests for technical support, notices, and other communications relating to the Services should be directed to Pison at 179 Lincoln St 2nd Floor, Boston, MA 02111 or via email at notices@pison.in-beta.link.