Terms of Service

Last Updated September 4, 2022

These Terms of Service, together with any applicable incorporated documents and terms, constitute a legally binding agreement between Logitek AS, a Norwiegan limited liability company and its Affiliates (“Company”), and the entity or sole proprietor on whose behalf a Packiyo account is created (“You” and “Your”). These Terms of Service govern Company’s provision of services and content to You and Your use of those services and content. Company may modify these terms in its sole discretion with 30 days advance notice by posting on Company’s website or otherwise, and the changes will be effective immediately upon the end of such 30 day notice period. Your continued use of the services and content after any modifications to the terms constitutes Your acceptance of the new terms.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that You are over the age of 18. Company does not permit those under 18 to use the Service.These terms are effective as of 4th September 2022.

These Terms of Service are effective upon the date you first access or use the Services (“Effective Date”) and continue until You or Company terminates the agreement.

Your Packiyo Account
Only businesses (including sole proprietors) and other entities located in the European Economic Area (“EEA”), the United Kingdom or the United States are eligible to apply for a Packiyo account to use the Services described in these terms.When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account. You and Your Client Representative individually affirm to Company that you are authorized to enter into and be bound by this agreement.You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Company (https://packiyo.com/privacy-policy). Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company via support@packiyo.com. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.The Company will provide You with 30 days prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Except when required by law, paid Subscription fees are non-refundable.

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:Unlawful or promoting unlawful activity.Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.Impersonating any person or entity including the Company and its employees or representatives.Violating the privacy of any third person.False information and features.The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Limitations of Use
By using the Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:(i) modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained in the Services;(ii) remove any copyright or other proprietary notations from any materials and software on this website and Services;(iii) transfer the materials to another person or “mirror” the materials on any other server;(iv) knowingly or negligently use the Services in a way that abuses or disrupts our networks or any other service Company provides;(v) use the Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;(vi) use the Services in violation of any applicable laws or regulations;(vii) use the Services in conjunction with sending unauthorized advertising or spam;(viii) harvest, collect, or gather user data without the user’s consent; or(ix) use the Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.Our Services and original Content may not be used in connection with any product or service without the prior written consent of the Company.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

You may terminate this agreement by closing Your Packiyo account. To do so, you must e-mail support@packiyo.com to request your account be terminated and stop using the Services. If after termination you use the Services again, these Terms of Service will apply with an Effective Date of the first date that You use the Services again.Company may terminate this agreement at any time for any or no reason by notifying you.

Company may immediately suspend providing any or all Services to you, and your access to Packiyo, if you breach this agreement or any other agreement between the parties; or you enter an Insolvency Proceeding.

Limitations on Liability
DISCLAIMER: Our Services and the Content on our website and application are provided on an ‘as is’ basis. To the extent permitted by law, Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.In no event shall Company. or its suppliers or Affiliates be liable for any consequential loss suffered or incurred by You or any third party arising from the use or inability to use the Services or the Content provided, even if Company or an authorized representative has been notified, orally or in writing, of the possibility of such damage.Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of; (i) the amount actually paid by You through the Service during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $100 USD.In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

These Terms and Conditions may have been translated. If Company has made them available to You in a language other than English, You agree that the original English text shall prevail in the case of a dispute.

Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Norway. You irrevocably submit to the exclusive jurisdiction of the courts in Norway.

If you have any questions about these Terms of Service, please contact us at policy@packiyo.com.

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