Term of service
Updated on April 08, 2024
Welcome to use PUTI software and related services!
BEING.COM LIMITED (including its affiliates, hereinafter referred to as "How much" or "we") is the actual
developer and operator of PUTI app (hereinafter referred to as "this site" or "PUTI"). "PUTI" is a physical
and mental health app that focuses on relaxation, stress reduction and sleep. Users can follow the sound
scenes of "PUTI" to engage in concentration, relaxation, stress reduction or sleep aid activities. These Terms
of Service constitute a contract between us and the users of this site (hereinafter referred to as "users" or
"you") regarding the above services and other matters provided by PUTI app. Please read these Terms of Service
carefully.
After you visit this site, download the PUTI app and register as a user of this site, you agree to be bound by
these Terms of Service, and these Terms of Service constitute a legal document binding on both parties.
1.Confirmation and Acceptance of Terms of Service
1. Ownership and operation rights of all electronic services on this site belong to [placeholder]. By agreeing
to the terms of service and privacy policy and completing the registration process, you become an official
user of this site. Users acknowledge: these terms of service constitute a contract governing the rights and
obligations of both parties and remain valid. If there are mandatory provisions of the law or special
agreements between both parties, they shall be followed accordingly.
2. Please carefully read all the terms of this agreement and confirm that you fully understand the provisions
of this agreement. Unless you accept all the terms of this agreement, you are not entitled to register, log
in, or use the services covered by this agreement. Your registration, login, and usage will be deemed as
acceptance of this agreement and agreement to be bound by all the terms of this agreement. This agreement will
constitute a legally binding document directly between you and BEING.COM LIMITED (and its affiliates) and its
sponsor PUTIAPP (referred to collectively as "PUTI").
3. Minors should read this agreement with the accompaniment and guidance of their guardians and obtain the
consent of their guardians before using the services under this agreement. Please carefully read and choose to
accept or decline this agreement.
4. [Placeholder] reserves the right to refuse service, close user accounts, clear or edit content, or cancel
orders within the scope permitted by the current laws and regulations of the operating region.
5. The copyright of the software on this site and all information and content published on the App are
protected by copyright laws worldwide and are provided for users' own learning and research purposes free of
charge. Unauthorized copying, distribution, rental, exhibition, screening, broadcasting, modification,
derivation, translation, compilation, adaptation, or reverse engineering of the content on this site is
strictly prohibited. BEING.COM LIMITED reserves all rights not expressly granted in these terms of service.
6. [Placeholder] provides internet information services for users through the internet in accordance with the
law. You have the right to use the relevant services of this site only when you fully agree to these terms of
service and other provisions of this site (including but not limited to privacy policies, community
conventions, community norms, usage tips, return policies, and all rules and policies published on this
site).
7. Users must prepare the following equipment and bear the following expenses:
- Internet access equipment, including but not limited to computers or other internet terminals, modems, and
other necessary internet devices;
- Internet expenses, including but not limited to network access fees, internet equipment rental fees, mobile
data fees, etc.
8. You agree to use this site only for non-commercial purposes; you shall not commercially utilize, copy,
reproduce, sell, survey, advertise, or use this site for any other commercial purposes or activities, in whole
or in part, except where otherwise agreed upon by [placeholder] or specifically designated commercial services
provided for your use.
2.Rules for Account Registration on this Site
1. The registration information for this site's accounts includes, but is not limited to, the user's account
name, avatar, password, and all information entered during account registration or updates.
2. When registering for an account on this site, users should commit to adhering to seven bottom lines,
including compliance with laws and regulations, the socialist system, national interests, legitimate rights
and interests of citizens, public order, social morality, and information authenticity. Users guarantee that
when registering and using their accounts on this site, they will not engage in the following:
- Violating the Constitution or laws and regulations;
- Endangering national security, disclosing state secrets, subverting state power, or undermining national
unity;
- Harming national honor and interests, or public interests;
- Inciting ethnic hatred or discrimination, or undermining ethnic unity;
- Undermining the country's religious policies, promoting cults and feudal superstitions;
- Spreading rumors, disrupting social order, or undermining social stability;
- Spreading obscene, pornographic, gambling, violent, murderous, terrorist, or criminal instigation
content;
- Insulting or defaming others, infringing upon the legitimate rights and interests of others;
- Containing other content prohibited by laws, regulations, or violating other provisions of this site.
3. Users should ensure that the registration information they provide is true, accurate, complete, and legally
valid. If there are changes to the user's registration information, they should be promptly updated. Users
shall bear all responsibilities and consequences (including but not limited to refusal of registration,
account suspension, or cancellation) arising from the user's registration information not complying with the
provisions of this clause, and [placeholder] reserves the right to terminate the user's use of various
services.
4. If a user registers an account with false information or if their account registration information such as
avatar and profile contains illegal or harmful information, [placeholder] has the right to take measures such
as notifying the user to correct it within a time limit, suspending usage, or canceling registration.
5. [Placeholder] has the right to cancel the account of users who register with names impersonating affiliated
organizations or public figures and report to the competent internet information department. [Placeholder] has
the right to refuse account usage or restrict account usage or cancel the account when there is suspicion of
improper account usage. If you have not logged in to this site with your account for 180 consecutive days,
[placeholder] has the right to cancel your account at its discretion without prior notice.
6. When users use services on this site or engage in activities such as placing orders for shopping, if it
involves the user's real name/title, mailing address, contact phone number, email address, and other private
information, this site will keep it strictly confidential. This site will not disclose such information to
outsiders unless authorized by the user or required by law.
7. After successful registration, users will have a username and password for their account. You can change
your password according to the rules of this site. Users should carefully and reasonably keep and use their
usernames and passwords and bear full responsibility for any activities carried out by anyone using their
account and password. If users discover any illegal use of their account or security vulnerabilities, they
should immediately notify this site and report to the public security authorities. Users shall bear any losses
incurred due to their failure to properly safeguard their account names and passwords and the use of the
account by third parties.
8. Your account on this site is for your personal use only. It is strictly prohibited to allow third parties
to use your account on this site. Otherwise, users shall bear all responsibilities arising from this and shall
be jointly liable with the actual user. You should understand that this site cannot identify unauthorized or
unauthorized use of your account and password, so this site is not responsible for any actions using your
account and password to log in and use this site.
9. In accordance with relevant laws and regulations, [placeholder] has the right to conduct real identity
information authentication based on mobile phone numbers, email addresses, WeChat, etc., for registered users.
[Placeholder] reserves the right to refuse services to users who refuse to undergo real identity information
authentication and has the right to take measures against users including but not limited to restricting
service usage or closing accounts.
3.Privacy Policy for Users
1. Users acknowledge and agree that, in order to record the authentic data used by users and provide related
services such as delivery under e-commerce functions, [placeholder] may collect users' personal information on
a voluntary basis and integrate this information, including but not limited to relevant information during
account registration, personal physical data (height, weight, health data, etc.), GPS location data,
recipient's name, address, telephone number, location information, personal description, mobile hardware and
software information, mobile identification code, etc. We promise not to disclose your user's personal
information specified to be kept confidential in the manner prescribed by us in any illegal manner.
2. Respecting users' personal privacy is a fundamental policy of this site. Therefore, this site will not
publicly disclose or disclose to any third party the user's registration information and any information
provided by the user for enjoying the services of this site, except for the following circumstances:
- Obtaining explicit authorization or permission from the user in advance;
- Complying with relevant legal provisions, including providing user registration information, information
content published by users on this site and its publication time, internet addresses or domain names, etc.,
when requested by relevant national authorities;
- Striving to maintain the privacy and security of users and the public in emergencies;
- To safeguard the copyright, trademark rights, patent rights, and any other legitimate rights or interests of
this site;
- When conducting promotions or lotteries, this site may share users' personal information with sponsors. In
these cases, "this site" will provide prompts before sending user information, and users can terminate the
transmission process by clearly indicating that they do not wish to participate in the activity.
- Using user data for statistics in order to describe the services of this site to future partners,
advertisers, and other third parties for other legal purposes;
- In other circumstances as stipulated in these terms or deemed necessary by this site.
4.Service Mode
1. In addition to free services, this site may provide some paid services. You can purchase paid services
through payment methods such as online banking or other payment methods provided by this site by paying a
certain amount of RMB to obtain the right to use paid services. For paid services, this site will give clear
prompts before you use them. Only after you confirm your agreement to pay the fee according to the above
payment method and complete the payment process can you use the paid services. The completion of the payment
process is subject to the confirmation notification of "payment completed" generated by the bank or
third-party payment platform.
2. You should understand that this site may change, update, or improve such services (including paid
services), and you promise not to demand compensation or compensation from us for any losses or inconveniences
caused to you by changes, updates, or improvements to our services.
3. Product or service prices, quantities, performance descriptions, availability, and other product
information may change at any time, and this site will not give special notice. Please check the product or
service sales page yourself. We will make every effort to ensure the accuracy of the product information you
browse, but due to the large number of product types and information, as well as objective factors such as
internet technology, the information displayed on this site may be somewhat delayed or erroneous. Please be
aware and understand this situation. We welcome corrections and will provide rewards to correctors as
appropriate.
4. To thank users for their support, we will periodically issue some coupons or vouchers to users. The
quantity and rules of the above-mentioned coupons or vouchers are determined by us, and this site reserves the
right to interpret and modify them. You have the right to use these coupons or vouchers when shopping on this
site according to the rules of use, and it is strictly prohibited to resell the coupons or vouchers of this
site or use this site account for other business activities, etc.
5. If you encounter any problems during the purchase process, you can send an email to [email protected], and our
customer service staff will contact you promptly to help you solve the problem.
6. You agree to abide by the law and the provisions of this agreement, use this site in good faith, and
guarantee that:
- You will not use this site for illegal activities or activities that infringe upon the rights or interests
of others, and you will not obtain or use the information of other users of this site in an illegal manner.
- You will not attack, destroy, or change all or part of this site, or interfere with its operation by
technical means; you will not obtain or use any software, code, or other technology or business information of
this site in an illegal manner; you will not reverse engineer, decompile, disassemble, or rewrite any programs
running on this site.
- You will not use the website name, company name, trademark, commercial logo, webpage layout or content, or
other information or materials owned by [placeholder] (and its affiliates) or this site without permission;
you will not infringe upon the trademark rights, copyright, patent rights, other intellectual property rights,
or other legitimate rights or interests of [placeholder] (and its affiliates) or this site. You will not in
any way damage the commercial reputation of this site.
- You will not use this site for other activities that violate public order and morals.
Records of your use of this site may be kept as evidence against you. This site may also report records of
your violations of the law or infringement of third-party rights or interests to administrative authorities or
judicial organs.
5.Ownership and Intellectual Property Terms
1. Once the user accepts these Terms of Service, it indicates that the user actively transfers any
transferable rights of any form of information content (including but not limited to user comments, user
inquiries, various topic articles, sound, and images) published by the user on this site, such as property
rights and any transferrable rights, such as copyright property rights (including but not limited to:
reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening
rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights,
translation rights, compilation rights, and other transferrable rights that should be enjoyed by the copyright
owner), all exclusively and irrevocably to [placeholder]. The user agrees that [placeholder] has the right to
independently file a lawsuit against any entity for infringement.
2. The user agrees and fully understands the meaning of this clause, and promises not to publish or authorize
other parties to use in any form the information already published on this site (including but not limited to
use on various websites, media).
3. [placeholder] (including its affiliates) is the owner and operator of this site, with legitimate rights to
the copyright and other legal rights of the content, resources, and software of this site, protected by
national laws, and has the right to modify or update these Terms of Service, the site version, and content
from time to time without separate notice to users. To the maximum extent permitted by law, [placeholder]
(including its affiliates) reserves the right to interpret these Terms and the content of this site.
4. Except where otherwise required by law, without the explicit written permission of [placeholder] (including
its affiliates), any unit or individual may not illegally copy, reprint, quote, link to, crawl, or otherwise
use all or part of the information content on this site and within this site in any way; otherwise,
[placeholder] has the right to pursue its legal responsibilities.
5. The materials and information published on this site and within the site's app (such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data editing, and software) and all versions,
technologies, programs, materials, and all information content (including but not limited to design patterns,
product features, user interfaces, operating procedures, trademarks, patents, computer software works, and
other patterns, product and service names) inherent in this site and the site's app are the property of
[placeholder] or its content providers, protected by the copyright laws of the People's Republic of China and
international copyright laws and related regulations; the compilation of the above content is the exclusive
property of [placeholder], protected by the copyright laws of the People's Republic of China and international
copyright laws and related regulations; all software on this site is the property of [placeholder] (including
its affiliated companies), protected by the copyright laws of the People's Republic of China and international
copyright laws and related regulations.
6. The texts, images, audio, video, materials transmitted through this site (including materials and
information related to helping you sleep, relax, etc.), and other content are protected by copyright law,
trademark law, patent law, or other laws. Without the written authorization of BEING.COM LIMITED, you may not
modify, rent, sell, or derive other works by yourself or permit third parties to do so. [placeholder] holds
the intellectual property rights to its exclusive content, original content, and other exclusive or exclusive
content obtained through authorization. Without the written permission of [placeholder], any unit or
individual may not reprint, disseminate, or provide listening services or engage in other acts that infringe
on [placeholder]'s intellectual property rights. Otherwise, legal responsibility will be borne.
6.Limitation of Liability and Disclaimer
1. Unless otherwise explicitly stated in writing, all information, content, materials, products (including
software), and services contained on or otherwise provided to you through this site are provided on an "as is"
and "as available" basis.
2. Unless otherwise explicitly stated in writing, we do not make any form of express or implied
representations or warranties (except as otherwise provided by the laws of the People's Republic of China)
regarding the operation of this site and the information, content, materials, products (including software),
or services contained on this site.
3. We do not warrant that all information, content, materials, products (including software), and services
contained on or otherwise provided to you through this site, its servers, or electronic communications sent
from this site are free of viruses or other harmful components.
4. If the service system of this site crashes or becomes unavailable or unable to function normally due to
force majeure or other reasons beyond the control of this site, causing the service to be unavailable or
online transactions to be incomplete or loss of relevant information or records, we will reasonably assist in
handling the aftermath.
5. You should understand that due to the different personal characteristics and preferences of users, there
may be some content on this site that makes you uncomfortable, repulsive, or difficult to accept. You agree
not to hold us or any third party responsible for the above content.
6. This site strives to ensure its stable operation. You should understand and agree that, due to legal,
policy, technical, economic, and management reasons, unless otherwise agreed between you and this site, this
site will not be liable for the following circumstances:
- The inability to use or interruption of the use of this site or the inability to fully meet the user's usage
requirements;
- Interference with the operation of this site, the inability to operate in a timely, safe, and reliable
manner, or any errors occurring;
- Any products, services (including paid services), or other materials obtained through this site do not meet
your expectations;
- Unauthorized use or modification of user data.
7. This site is not responsible for the deletion or storage failure of relevant data during your use of the
services under this agreement. This site may decide the longest storage period for user data in this service
and allocate the maximum storage space for it on the server. If you stop using this site, or the services
provided by this site terminate or are suspended, this site may permanently delete your data from the server.
This site is not obligated to return any data to users.
8. This site is not liable for losses caused by force majeure. Force majeure referred to in these Terms of
Service includes: natural disasters, changes in laws and regulations or government orders, reasons unique to
network services, such as failures of domestic and foreign basic telecommunications operators, computer or
internet-related technical defects, limitations of internet coverage, computer viruses, hacker attacks, etc.,
and other objective situations that cannot be foreseen, avoided, or overcome within the legal scope.
9. This agreement or the services provided by this site (including paid services) under this agreement may be
partially or entirely suspended or terminated under the following circumstances:
- As required by law, or at the request of administrative orders or judicial judgments that this site must
comply with;
- User violations of this agreement;
- Other circumstances deemed by this site to warrant termination.
10. In general, this site will notify you in advance via email, SMS, or other electronic means provided by you
when services are suspended or terminated. You should understand and agree that in emergencies or special
circumstances, this site may suspend or terminate services without notice.
11. When the services provided by this site (including paid services) are suspended or terminated under this
agreement or this agreement, this site has the right to:
- Refuse user login to this site;
- Delete user information;
- Delete content purchased by users.
12. You agree that you will not demand compensation or indemnification or hold us or this site liable for the
suspension or termination of the services under this agreement or this agreement.
13. For your convenience, this site may provide links to third-party international internet websites or
resources. You should understand that unless otherwise stated, this site cannot control third-party website
services. You shall bear all responsibilities for any losses or damages caused by downloading, disseminating,
using, or relying on the aforementioned websites or resources.
7.Updates to the Agreement and User Obligations
In accordance with updates to national laws and regulations and the operational needs of the website, we have the right to modify these terms from time to time, and the modified terms will take effect once posted on this site, replacing the original terms. Users can log in at any time to view the latest terms. If the user does not agree to the updated terms of service, they should immediately stop accepting the services provided by this site; if the user continues to use the services provided by this site, it will be deemed as acceptance of the updated terms of service. We recommend that you read these terms of service and the announcements on this site before using this site. If any provision of these terms of service is deemed to be repealed, invalid, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
8.Legal Jurisdiction and Applicable Law
The establishment, execution, interpretation of this Terms of Service, and the resolution of disputes shall be governed by the prevailing laws of the Hong Kong Special Administrative Region. If any content of these Terms of Service conflicts with the applicable laws, these terms shall be interpreted entirely in accordance with the law, and the validity and enforceability of other provisions shall remain unaffected. If a dispute arises between the parties regarding the content or enforcement of these terms, the parties shall attempt to resolve it amicably through negotiation; if negotiation fails, either party may bring a lawsuit to the competent court in the mainland of the People's Republic of China. The arbitral award is final and binding on both parties. The costs of arbitration shall be borne by the party that loses the lawsuit.
9.Other
1. The owner of this site refers to the operating entity of this site and this site's app that has been
legally licensed or filed with government departments.
2. We respect the legal rights of users and consumers. These terms of service and various rules, policies,
statements, and other content published on this site are designed to better and more conveniently serve users
and consumers. We welcome feedback and suggestions from users and all sectors of society. You can contact us
via the following email address: [email protected], and we will humbly accept and timely revise these terms of
service and related policies and rules.
3. You agree that if you violate legal regulations or the provisions of this agreement, causing losses to this
site, you will fully compensate us for the losses suffered, including direct losses, indirect losses, and
expected profit losses, etc. You undertake that if you bear liability due to a third party claiming rights
against you or bear administrative or criminal liabilities, you will not hold this site responsible for this
reason. If you should bear liability to this site, such liability will not be exempted due to the termination
of this agreement or the services under this agreement.
4. Provisions in bold, boldface, or similar font styles in this agreement are particularly significant, and
users should pay special attention to them.
5. Please confirm that you have read and fully understand all the contents of these terms of service before
using them.
BEING.COM LIMITED
10.Purchase and payment
1. We may provide various meditation services that you can purchase and use through the Services. You don't
own these services; instead, you purchase enough application seeds to use them. You will always see the price
of the service before completing your purchase. However, PUTI APP does not handle payments or payment
processing for any purchases; these are handled by third-party payment providers or service providers (such as
Apple's iOS Store and Google's Google Play Store, etc.). Some third-party service providers may charge you
sales tax, depending on where you live. Please check the relevant terms of the third-party service provider
for details.
2. All purchases are final and non-refundable subject to any applicable additional terms and conditions. And,
because our fulfillment begins once you click "Buy" and we give you immediate access to your purchase, you
waive any rights you may have under other local laws to cancel your purchase or obtain a refund after it is
completed. right. By accepting these Terms, you agree that PUTI APP is not required to provide refunds for any
reason.
3. Some of the virtual products we offer are for one-time use only, while others are reusable. But please note
that "repeat" does not mean "forever." We may change, modify or eliminate Virtual Products at any time, with
or without notice. You agree that if we do this, we will not be liable to you or any third party. If we
suspend or terminate your account, you will lose any products purchased through the Service. Managing your
purchases is your sole responsibility. If you are under 18 years of age (or below the legal age of majority
where you reside), you must obtain parent or guardian consent before making any purchase.
4. PUTI APP does not transmit any funds and is not a money services business. To the extent such functionality
is provided on the Service, it is provided by an unaffiliated third party and, like any other third-party
service, is subject to that third party's separate terms of service.
5. PUTI APP offers in-app purchases ("IAP") via iTunes, Google Play. If you choose to make an IAP, you will be
prompted to enter the details of your App Platform account and your App Platform account (such as your iTunes
account) will be charged IAP fees in accordance with the terms disclosed to you at the time of your purchase
information and applicable to you IAP General Terms for Application Platform Accounts. Some app platforms may
charge you sales tax, depending on where you live. If you purchase an automatic recurring subscription IAP,
your App Platform account will continue to be charged for the subscription until you cancel the IAP. After
your initial subscription commitment period and after any subsequent subscription periods, your subscription
will automatically continue for an additional equivalent period at the price you agreed to when subscribing.
If you do not want your subscription to automatically renew, or want to change or terminate your subscription,
you can do so in the PUTI APP app, or log into your app platform account and follow the instructions to cancel
your subscription, even if you have otherwise deleted it your account with us, or if you delete the PUTI APP
application from your device. If you cancel your subscription, your subscription will be available until the
end of the current subscription period and your subscription will not be renewed after the current
subscription period expires. Deleting your account on PUTI APP or deleting the PUTI APP app from your device
will not cancel your subscription; PUTI APP will retain all funds collected from your application platform
until you cancel your subscription.
6.Generally, all IAP fees are non-refundable and no refunds or credits are given for partial usage periods. We
may make exceptions if a refund for a subscription product is requested within fourteen days of the
transaction date, or if a refund is required by applicable law in your jurisdiction. For subscribers residing
in the European Union or European Economic Area, you are entitled to a full refund within 14 days of the start
of your subscription, subject to local law. Please note that this 14-day period begins when the subscription
begins. Request a Refund: If you subscribed using an Apple ID, refunds will be processed by Apple, not PUTI
APP. To request a refund, go to iTunes, click on your Apple ID, select Purchase History, find the transaction
and click Report a Problem. You can also submit a request at https://getsupport.apple.com.
7.If you subscribed using a Google Play Store account: Please contact Google Play customer support and provide
your Google Play Store order number (you can find your order number in your order confirmation email or by
logging in to Google Wallet).
11.Subscription
If you decide to purchase PUTI APP's VIP membership, payment will be charged to your iTunes account. Your
account will be charged for renewal within 24-hours prior to the end of the current period. PUTI APP
subscriptions start at $19.9/month. Prices in countries outside the United States may vary and are subject to
change without notice.
Detailed subscription prices are as follows:
PUTI PLUS Service
PUTI PLUS Service offers three payment options: monthly and annual subscriptions, and permanent purchase.
Monthly Subscription:
- $19.9 per month
- Renewals maintain the same price.
Annual subscriptio:
- $99.9 per 12 months
- Renewals maintain the same price.
Permanent purchase Service:
- $199.9 for permanent service
Importance notice:
If a user subscribes to a monthly or annual service first and then purchases a permanent service, the previous
monthly or yearly subscription will not be canceled automatically. The user will need to cancel it manually
Most subscriptions automatically renew unless you cancel.
1. If you use an iPhone, you can turn off automatic renewal at any time through "Settings" - "Click your name"
- "Click to subscribe" - "Click to subscribe" - "Click to cancel subscription". You may need to scroll down to
find the "Unsubscribe" button. If there is no cancel button or you see an expiration message in red text, the
subscription has been canceled.
2. If you don't use an iPhone, you can go to "play.google.com" - "In the upper right corner, click your
profile icon" - "Click Payments & Subscriptions" - "Next to the subscription you want to cancel, select Manage
” — “In the confirmation pop-up, click Unsubscribe.” If you subscribe to an app and the app is removed from
Google Play, your future subscriptions will be cancelled. Your past subscriptions will not be refunded. -
Canceling the currently purchased subscription is not allowed after the subscription is activated. If you do
not want to start a PUTI APP subscription, you can still continue to enjoy the PUTI APP app for free.
Subscriptions are handled by the Apple AppStore or Google PlayStore: if you cancel, you can continue using
your subscription until your next billing date. If you cancel during the trial period, you may immediately
lose access to the content.
To learn more about checking or canceling your Apple or Google subscription:
https://support.apple.com/en-us/HT202039https://support.google.com/googleplay/answer/7018481
12.Cancellation of service
12.1Cancellation by you
You may cancel your Membership at any time by deleting your account in the app. This action is irreversible.
As soon as you delete your account, all the data associated with your use of the Services will be removed
permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the
applicable billing period.You may cancel your membership at any time by deleting your account within the App.
This operation is irreversible. Once you delete your account, all data related to your use of the Services
will be permanently deleted. Upon deletion of an account, cancellation of a paid subscription will be
effective at the end of the applicable billing period.
You can cancel your paid subscription and downgrade to "Free Use" at any time without deleting your account.
Cancellation is effective at the end of the applicable billing period. Please note that if you purchased a
paid subscription through the Apple iTunes Store or our iPhone app, you can cancel automatic renewal of your
paid in-app subscription by selecting Manage App Subscriptions in your iTunes account settings and selecting
the subscription you want. , thereby canceling the subscription. Adjustment. If you purchased a paid
subscription through the Google Play Store, you can cancel auto-renewal in your account settings under
"Subscriptions" in the Google Play app, or by following the current process outlined by Google Play.
12.2Cancellation by us
We may suspend or terminate your use of the Services due to your fraud or breach of any of your obligations
under these Terms. Such termination or suspension may occur immediately and without notice.
13. General practices regarding use and storage
You acknowledge that we may establish general practices and limits regarding use of the Service, including,
without limitation, the maximum period for which data or other content is retained by the Service and the
maximum storage space allocated on our servers on your behalf. You agree that PUTI APP has no responsibility
or liability for the deletion or failure to store any data or other content maintained or uploaded by the
Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended
period of time. You further acknowledge that we reserve the right to change these general practices and limits
at any time, in our sole discretion, with or without notice.
14. Mobile Services
Some of our Services may be provided via mobile devices, including (i) the ability to upload content to the
Services via a mobile device, (ii) the ability to browse the Services and Site from a mobile device, and (iii)
via download and installation on a mobile device Applications to access certain features (collectively, the
"Mobile Services"). If you access the Service via a mobile device, your wireless service carrier's standard
charges, data rates and other charges may apply.
In addition, your carrier may prohibit or restrict the downloading, installation, or use of certain Mobile
Services, and not all Mobile Services are available with all carriers or devices. By using the Mobile
Services, you agree that we may communicate with you about PUTI APP and other entities via SMS, MMS, SMS, or
other electronic means through your mobile device and may communicate certain information about your use of
the Mobile Services to us.
If you change or deactivate your mobile phone number, you agree to immediately update your PUTI APP account
information to ensure that your messages are not sent to anyone who obtained your old number.
15.Conditions of use
15.1 User behavior
You are responsible for all code, video, images, information, data, text, software, music, sound, photos,
graphics, messages or other materials ("Content") that you upload, post, publish or display ("Content") Take
full responsibility. Upload") or emailed or otherwise used through the Services. The following are examples of
types of content and/or uses that are unlawful or prohibited by PUTI APP. We reserve the right to investigate
and take appropriate legal action against anyone who violates this provision. rights, including but not
limited to removing offending content from the Service, suspending or terminating the accounts of such
violators, and reporting you to law enforcement authorities. You agree not to use the Service to:
1.- Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary
right of any party; (ii) that you do not have a right to upload under any law or under contractual or
fiduciary relationships; (iii) contains Software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; (iv) constitute or create a privacy or security risk to any person; (v)
constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales,
"junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes" or any other form of
solicitation; ( vi) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively
violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, racially,
ethnically or otherwise objectionable; (vii) PUTI APP in its sole discretion is judgmental, objectionable or
restricts or inhibits any other person from using or enjoying the Services, or may subject PUTI APP or its
users to harm or liability of any kind;
2.- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
3.- Violate any applicable local, state, national or international law, or any regulation having the force of
law;
4.- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
5.-Solicit personal information from anyone under 18 years of age;
6.- Harvest or collect the email addresses or other contact information of other users from the Services by
electronic or other means for the purpose of sending unsolicited emails or other unsolicited
communications;
7.- Advertise or offer to sell or buy any goods or services for any commercial purpose not expressly
authorized;
8.- Further or promote any criminal activity or enterprise or provide instructional information regarding
illegal activities;
9.- Obtain or attempt to access or otherwise obtain any materials or information through any means not
intentionally made available or provided for through the Service.
15.2 Special notice for international use; Export controls
The software (as defined below) associated with the Service and the transmission of applicable data, if any,
are subject to United States export controls. No software may be downloaded from the Services or otherwise
exported or re-exported in violation of U.S. export laws. Download or use of this software is at your own
risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws
regarding your use of the Services, including those involving online conduct and acceptable content.
15.3 Commercial use
The Service is for your personal use only. Except as otherwise expressly authorized in this Agreement or in
the Service, you agree not to display, distribute, license, perform, publish, copy, reproduce, copy, create
derivative works from, modify, sell, resell, exploit, for any commercial purpose, Transfer or uploading, any
portion of the Service, use of the Service, or access to the Service.
15.4 Use of PUTI APP by minors
If you are under 18 years of age, you are not authorized to use the Services, whether registered or not.
16.APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION
These Terms apply to your use of all Services, including iPhone applications ("Apps") available through the
Apple, Inc. ("Apple") App Store and Android applications available through Google, Inc. ("Google") Program”)
Play Store (the “App”), but the following additional terms also apply to the App:
1.- You and PUTI APP each acknowledge that these Terms are solely between you and PUTI APP, and not with Apple
and Google, and that Apple and Google are not responsible for the Application or Content;
2.- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis,
for use solely in conjunction with the Service, for your private, personal, non-commercial use, subject to all
terms and conditions applicable to Conditions of this Agreement for Services;
3.- You may only use the App with Apple devices that you own or control;
4.- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support
services with respect to the App;
5.- In the event of any failure of the App to conform to any applicable warranty (including warranties implied
by law), you may notify Apple or Google of such failure; upon receipt of such notice, Apple's and Google's
sole warranty obligation to you will be to return the App to you the purchase price (if any);
6.- You acknowledge and agree that PUTI APP, and not Apple or Google, is responsible for resolving any claims
you or any third party may have in connection with the Application;
7.- You acknowledge and agree that PUTI APP, not Apple or Google, will be responsible for the investigation,
defense, resolution and discharge of any third party claim that the App or your possession and use of the App
infringes that third party’s intellectual property rights. any such claim of infringement;
8.- You represent and warrant that 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 that you
are not listed in any U.S. government embargoed or prohibited country List of countries. restricted
parties;
9.- You and PUTI APP each acknowledge and agree that when using the Application, you will comply with any
applicable third party terms of agreement that may affect or be affected by such use;
10.- You and PUTI APP each acknowledge and agree that Apple and Apple's subsidiaries and Google and Google's
subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement,
Apple and Google will have the right to (and will Deemed Accepted) Rights) to enforce this Agreement against
you as a third party beneficiary of this Agreement.
11.- PUTI APP and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries
of these Terms of Service with respect to Apple-powered software, and that upon your acceptance of the terms
and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted that
right) to enforce these Terms of Service against you as a third-party beneficiary with respect to
Apple-Powered Software.
17. Intellectual Property Rights
17.1Service content, software and trademarks
You acknowledge and agree that the Services may contain content or functionality that is protected by
copyrights, patents, trademarks, trade secrets, or other proprietary rights and laws ("Service Content").
Except as expressly authorized by PUTI APP, you agree not to modify, copy, frame, scrape, rent, lease, loan,
sell, distribute or create derivative works based on all or part of the Service or Service Content, unless the
foregoing does not apply to you Your own User Content (as defined below) that is lawfully uploaded to the
Service. When using the Services, you will not engage in or use any data mining, robots, scraping or similar
data gathering or extraction methods. If PUTI APP blocks your access to the Services (including blocking your
IP address), you agree not to take any steps to circumvent such blocking (for example, by blocking your IP
address or using a proxy IP address). Any use of the Services or Service Content in any manner not
specifically authorized by this Agreement is strictly prohibited. The technology and software underlying or
distributed in connection with the Services are the property of PUTI APP, our affiliates and our partners (the
"Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in
the Software. Any rights not expressly granted herein are reserved by PUTI APP.
The PUTI APP name and logo are trademarks and service marks of PUTI APP (collectively, the “PUTI APP
Trademarks”). Other company, product and service names and logos used and displayed through the Services may
be the trademarks or service marks of their respective owners, who may or may not endorse or be affiliated
with or associated with PUTI APP. Nothing contained in these Terms of Service or in the Services shall be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any PUTI APP
Trademark displayed on the Services without our prior written permission. All goodwill generated from the use
of the PUTI APP Trademarks shall accrue to our exclusive benefit.
17.2Third Party Materials
Under no circumstances will PUTI APP be liable in any way for any content or materials of any third party
(including Users), including without limitation for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of resulting from the use of any such content. You acknowledge that
PUTI APP does not pre-screen Content, but that PUTI APP and its designees have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is available through the Service.
Without limiting the foregoing, PUTI APP and its designees shall have the right to remove any content that
violates these Terms of Service or is objectionable in PUTI APP's sole discretion. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness or usefulness of such Content.
17.3 User Content transmitted through the Service
To the content or other materials that you upload or share with other users or recipients through the Services
(collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to
such User Content, including, but not limited to All copyright and publicity rights contained therein. By
uploading any User Content, you hereby grant and will grant to PUTI APP and its affiliates a non-exclusive,
worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to copy,
display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the
operation of the Service or for promotional purposes in any form, medium or technology now known or hereafter
developed , advertising or marketing related.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Service ("Submissions") provided by you to PUTI APP are non-confidential and PUTI APP will have
the right to disclose them without restriction. The use and dissemination of these Submissions for any
purpose, commercial or otherwise, is without acknowledgment or compensation to you.
You acknowledge and agree that PUTI APP may preserve Content and may disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process, applicable law, or governmental request ; (b) enforce these Terms of Service; © respond to
allegations that any content infringes the rights of a third party; (d) protect the rights, property or
personal safety of PUTI APP, our users and the public. You understand that the technical processing and
transmission of the Services, including your Content, may involve (a) transmissions over various networks; (b)
changes to conform and adapt to technical requirements of connecting networks or devices.
17.4 Copyright complaints
PUTI APP respects the intellectual property rights of others, and we ask our users to do the same. If you
believe that your work has been copied in a manner that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, you should notify PUTI APP of your infringement
claim in accordance with the procedures set forth below.
We will process and investigate notices of alleged infringement and will take appropriate action under the
Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any
alleged or actual infringement. You can contact us by email: [email protected]
To be effective, the notice must be in writing and contain the following information:
1.- An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2.-A description of the copyrighted work or other intellectual property that you claim has been infringed;
3.- A description of where the material that you claim is infringing is located on the Service, with
sufficient detail so that we can find it on the Service;
4.- your address, telephone number and email address;
5.- A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law;
6.- A statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
17.5 Counter notification
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or
that you have authorization from the copyright owner, the copyright owner's agent, or under the law to upload
and use that content in your User Content, You may send a written counter-notification containing the
following information to the Copyright Agent:
1.- your physical or electronic signature;
2.- -Identify content that has been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
3.- A statement that you have a good faith belief that the content was removed or disabled as a result of
mistake or misidentification;
4.- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction
of the federal court located in the Northern District of California, and a statement that you will accept
service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter-notification, PUTI APP will send a copy of the counter-notification
to the original complaining party informing that party that it may replace the removed content or cease
disabling the content within 10 business days. Unless the copyright owner files an action seeking a court
order against the content provider, member or user, the removed content may be replaced, or access to it
restored, 10 to 14 business days or more after receipt of the counter-notification. Access, address: at our
sole discretion.
Repeat Infringer Policy: In compliance with the DMCA and other applicable law, PUTI APP has adopted a policy
whereby, in appropriate circumstances and at its sole discretion, PUTI APP may terminate users who are deemed
to be repeat infringers. PUTI APP may also, in its sole discretion, restrict access to the Service and/or
terminate the membership of any user who infringes the intellectual property rights of others, regardless of
whether there is repeat infringement.
18. Third-party websites
The Services may provide, or third parties may provide, links to or other access to other websites and
resources on the Internet. We have no control over, are not responsible for, and do not endorse such sites and
resources. You further acknowledge and agree that PUTI APP shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused in connection with use of or reliance on any
content, events, goods or services. Through any such website or resource. Any transactions you enter into with
third parties while using the Services are between you and the third party, and you agree that PUTI APP is not
responsible for any losses or claims you may have against any such third parties.
19. Social Networking Services
You can enable, connect to or log into the Services through various online third-party services, such as
social media and social networking services such as Facebook, Instagram or Twitter ("Social Networking
Services"). By logging in or integrating these social networking services directly into the Service, we make
your online experience richer and more personal. In order to take advantage of this feature and functionality,
we may ask you to authenticate, register or log in on the website of the social networking service's
respective provider. As part of such integration, the social networking service will provide us with access to
certain information that you provide to such social networking service, and we will use, store and disclose
such information in accordance with our Privacy Policy. However, please remember that the manner in which
social networking services use, store and disclose your information is governed solely by the policies of such
third parties and PUTI APP is not responsible for the privacy practices or other conduct of any third party
website. or services that may be enabled within the Services.
FURTHER, PUTI APP is not responsible for the accuracy, availability, or reliability of any information,
content, merchandise, data, opinions, advice, or statements related to the Social Networking Services.
Accordingly, PUTI APP disclaims all liability and responsibility for any damage or loss caused or alleged to
be caused by or in connection with the use of or reliance on any such social networking services. PUTI APP
enables these features for convenience only, and the integration or inclusion of these features does not imply
endorsement or recommendation.
20. WARRANTIES, INDEMNIFICATION AND LIABILITY
20.1 Indemnity and Release
You agree to release and indemnify PUTI APP and its affiliates and their officers, employees, directors and
agents (collectively, the "Indemnitees") from and against any and all losses, damages, expenses, including
reasonable attorneys' fees, rights, Claim against damage. Actions and injuries of any kind (including death)
arising out of or related to your use of the Services, any User Content, your connection to the Services, your
violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the
foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from any liability, loss,
damage or expense arising from any act or omission. If you are a California resident, you waive California
Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release if he or she The knowledge must
have had a material effect on his settlement with the debtor." If you are a resident of another jurisdiction,
you waive any similar statute or principle.
20.2 Disclaimer
Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
PUTI APP does not guarantee that (I) the Service will meet your requirements, (II) the Service will be
uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the
Service will be accurate or reliable, or (IV) you The quality of any products, services, information, or other
material purchased or obtained through the Services will meet your expectations.
20.3 Limitation of Liability
You expressly understand and agree that PUTI APP shall not be liable for any indirect, incidental, special,
consequential, exemplary damages or damages for loss of profits, including, but not limited to, loss of
goodwill, use, data or other intangible losses (even if the Company HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM: (I)
THE USE OF OR INABILITY TO USE THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM DATA, INFORMATION OR SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY THIRD PARTY
STATEMENTS OR CONDUCT ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL
PUTI APP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU
TO COMPANY DURING THE PAST SIX (6) MONTHS OR, IF GREATER, ONE One hundred dollars ($100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties, or the limitation or
exclusion of liability for incidental or consequential damages. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU OR BE ENFORCEABLE AGAINST YOU. If you are dissatisfied with any portion of the Service, or
these Terms of Service, your sole remedy is to discontinue using the Service.
If you are a user from the State of New Jersey, the scope of the above sections titled "Disclaimer" and
"Limitation of Liability" is limited to the extent permitted by the laws of the State of New Jersey. If any
part of these sections is held to be invalid under the laws of the State of New Jersey, the invalidity of that
part shall not affect the validity of the remaining portions of the applicable section.
21.Resolution of Disputes by Binding Arbitration
21.1 arbitration agreement
This “Resolution of Disputes by Binding Arbitration” section is referred to in these Terms of Service as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between
you and PUTI APP, whether arising out of or in connection with these Terms of Service (including any alleged
breach of the Terms), the Services, any advertising, any aspect of the relationship Any transaction or
transaction between us shall be resolved exclusively by final and binding arbitration (rather than in court)
under the terms of this Arbitration Agreement, except that you may assert an individual claim in small claims
court (if your claim qualifies condition). Furthermore, this arbitration agreement does not prevent you from
bringing issues to the attention of federal, state, or local agencies, which may seek relief from us on your
behalf, if permitted by law. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND PUTI APP ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Your rights will be determined
by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this arbitration agreement.
21.2 Prohibition of class and representative actions and non-individualized relief
You and PUTI APP agree that each of us may bring claims against the other only in our individual capacities
and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless
both you and PUTI APP agree, the arbitrator may not consolidate or consolidate more than one person's or
party's claims, and may not otherwise preside over any form if a consolidated, representative, or class
proceeding. Further, the arbitrator may award relief (including monetary, injunctive, and declaratory relief)
only in favor of the individual individual seeking relief and only to the extent necessary to provide relief
necessitated by that party’s individual claim(s).
21.3 Pre-arbitration dispute resolution
PUTI APP is always keen to resolve disputes amicably and efficiently, and most customer concerns can be
resolved quickly and to customer satisfaction by emailing customer support at [email protected]. If such efforts
are unsuccessful, a party intending to seek arbitration must first send a written Notice of Dispute ("Notice")
to the other party by certified mail. Notices to PUTI APP should be sent to [email protected] (the “Notice
Address”). The notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the
specific relief sought. If PUTI APP and you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or PUTI APP may commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by PUTI APP or you may not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or PUTI APP is entitled.
21.4 Arbitration proceedings
The arbitration will be conducted by a neutral arbitrator under the rules and procedures of the American
Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer Related Disputes
(collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information about AAA, please
visit its website: http://www.adr.org. For information about the AAA Rules and Consumer Dispute Fees, please
visit the AAA Consumer Arbitration page at: http://www.adr.org/consumer_ Arbitration. If there is any
inconsistency between any provision of the AAA Rules and any provision of this Arbitration Agreement, the
applicable provision of this Arbitration Agreement will control, unless the arbitrator determines that
application of the inconsistent Arbitration Agreement provision would not result in a fundamentally fair
arbitration. The arbitrator must also follow the provisions of these Terms of Service like a court. All issues
are for the arbitrator to decide, including, but not limited to, issues related to the scope, enforceability
and arbitrability of this Arbitration Agreement. Although arbitration proceedings are generally simpler and
more streamlined than trials and other judicial proceedings, the arbitrator can award on an individual basis
the same damages and relief that a court would award to an individual under the Terms of Service and
applicable law. The arbitrator's decision is enforceable in court and may be overturned by a court only for
very limited reasons.
Unless PUTI APP and you agree otherwise, any arbitration hearing will be held at a location reasonably
convenient to both parties, with due regard to the parties' ability to travel and other relevant
circumstances. If the parties cannot agree on a location, the decision will be made by AAA. If your claim is
for $10,000 or less, PUTI APP agrees that you may choose whether the arbitration shall be conducted solely on
the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as set
forth in the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by
the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a written decision
that is reasoned and sufficient to explain the essential findings and conclusions on which the award is
based.
21.5 Arbitration fees
Unless otherwise provided in this Arbitration Agreement, payment of all filing, administration, and arbitrator
fees (collectively, “Arbitration Fees”) will be governed by the AAA Rules. If the value of the relief sought
is $75,000 or less, PUTI APP will pay all arbitration fees, at your request. If the value of the relief sought
exceeds $75,000 and you are able to demonstrate to the arbitrator that you are financially unable to pay your
portion of the arbitration fees, or the arbitrator determines that for any reason you are not required to pay
your portion of the arbitration fees, PUTI APP will pay a portion of your costs. Additionally, if you
demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of
litigation, PUTI APP will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. Payment of any attorney's fees shall be governed by the AAA Rules.
21.6 Confidential
All aspects of the arbitration proceedings and any award, decision or award by the arbitrator will be strictly
confidential for the benefit of the parties.
21.7 Divisibility
If a court or arbitrator decides that any term or provision of this Arbitration Agreement (other than the
subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is
invalid or unenforceable, then the parties agree to replace that term or provision or provision is valid and
enforceable and comes closest to expressing the intent of the invalid or unenforceable term or provision, and
this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of
the provisions in the subsection titled “Prohibition of Class and Representative Actions and
Non-Individualized Relief” is invalid or unenforceable, then the entire Agreement to Arbitrate shall be null
and void. The remainder of the Terms of Service will continue to apply.
21.8 Future changes to the arbitration agreement
Notwithstanding anything to the contrary in these Terms of Service, PUTI APP agrees that if PUTI APP makes any
future changes to this Arbitration Agreement (other than a change to the Notice Address) while you are a user
of the Service, you may reject any such Changes shall be subject to written notice by PUTI APP within thirty
(30) calendar days of the change to the notification address above. By rejecting any future changes, you agree
that any disputes between us will be arbitrated in accordance with the language of this Arbitration Agreement
as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of
Service).
22. General conditions
22.1 Termination
You agree that PUTI APP may, in its sole discretion, suspend or terminate your account (or any part thereof)
or use of the Services for any reason (including, but not limited to, lack of use) and remove and discard any
content from the Services or, if PUTI APP believes that you have violated these Terms of Service or that your
conduct is inconsistent with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive
or illegal activity that may be grounds for termination of your use of the Services may be referred to the
appropriate law enforcement agency. PUTI APP may also, in its sole discretion, cease providing the Services,
or any part thereof, at any time, with or without notice. You agree that any termination of your access to the
Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge
and agree that PUTI APP may immediately deactivate or delete your account and all related information in your
account. information and files and/or bar any further access to such files or services. Further, you agree
that PUTI APP will not be liable to you or any third party for any termination of your access to the
Service.
22.2 User disputes
You agree that you are solely responsible for, and that PUTI APP has no liability for, any other user's
interactions related to the Service. PUTI APP reserves the right, but has no obligation, to become involved in
any manner in any dispute between you and any other user of the Service.
22.3 entire agreement
These Terms of Service constitute the entire agreement between you and PUTI APP and govern your use of the
Service, superseding any prior agreements between you and PUTI APP regarding the Service. You may also be
subject to additional terms and conditions that may apply when you use affiliate or third-party services,
third-party content or third-party software.
22.4 Choice of law
These Terms of Service will be governed by the laws of the State of California, without regard to its conflict
of law provisions. For any dispute or claim not subject to arbitration, as set forth above, you and PUTI APP
agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San
Francisco County, California. The failure of PUTI APP to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of
Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in that provision and the other
provisions of the Terms of Service. The parties remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose
or forever. Prohibited. A printed version of this agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and records originally generated and
maintained. Printed form. These Terms of Service may not be assigned by you without PUTI APP’s prior written
consent, but PUTI APP may assign or transfer these Terms of Service, in whole or in part, without restriction.
The section headings in these Terms of Service are for convenience only and have no legal or contractual
effect. Notices may be given to you by email or regular mail. The Service may also provide you with notices of
changes to these Terms of Service or other matters by displaying notices or links to notifications on the
Service.
23. Your privacy
At PUTI APP, we respect the privacy of our users. Please see our Privacy Policy for details. By using the
Service, you consent to the collection and use of personal data as described therein.
question? Worried? Any suggestions?
Please contact us at [email protected] to report any violation of these Terms of Service or to ask us any
questions about these Terms of Service or our Services.