Shanghai Ruoguo Network Technology Co., Ltd, No.303 Songhu str, Yangpu dist, Shanghai, China
Authorized Managing Director: Zhuowei Wang
Email address: [email@example.com](mailto:firstname.lastname@example.org)
(hereinafter referred to as "PingPal") operates a platform for tracking habits with friends (hereinafter referred to as “Platform”) on mobile applications (a.k.a. Apps). In this context, PingPal lets you enter the habits you want to form, reminds you to do those habits at the time specified by you, and change their status. PingPal will, then, visualize your input data in the form of graphs and charts.
The use of the platform (including the apps) shall be subject to the following terms and conditions valid at the time of registration or order. PingPal does not acknowledge any different general terms and conditions belonging to you unless PingPal agrees to their validity in writing.
No separate contract text is provided for the Agreement pertaining to the use of the platform. The content of the agreement between you and PingPal is based on these terms and conditions, as well as on the specific information provided as part of the registration (see Section 4) and by signing up for a paid subscription (Section 5), that will be saved by PingPal and that is available in your user account at any time.
You accept the validity and applicability of these terms and conditions by registering and/or purchasing a paid subscription, as the case may be.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your PingPal address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
The registration itself is free of charge (free account) and does not make you sign up for a paid subscription. By registering, you are executing an agreement with PingPal for an unlimited, free use of the platform.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
To be able to fully benefit from PingPal services, additional service packages in the form of paid subscriptions ("Subscription access") will be made available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
PingPal subscriptions are paid subscriptions that allow you to access additional content and features through our mobile applications. All the premium packages offer the same sets of premium features:
We currently offer the following subscription / service package:
You will have access to the respective services as long as your subscription is valid.
If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a legal withdrawal right when executing a distance selling agreement, so in this case when signing an agreement for a fee-based subscription with PingPal, about which PingPal informs below, as per the requirement of the statutory model. Please note that in the case of an in-app purchase, you have the right to withdraw from the respective operator of the app store, i.e., Apple or Google.
The free usage agreement starts from the time you register and runs indefinitely. You may cancel the free usage agreement at any time. To this effect, you can delete your account via our web app in the "Settings" menu item. The paid subscription access (Section 5) will run for at least the term you originally selected and will automatically renew if it is not canceled within 24 hours of the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:
The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Service and its original content, features and functionality are and will remain the exclusive property of PingPal and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PingPal.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you can go to your account setting and select the according option.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PingPal and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall PingPal, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PingPal and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or PingPal damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us by sending an email to email@example.com