Terms Of Service
Effective Date: September 29th, 2022.
Welcome to Poikilingo, which is owned and operated by Poikilingo ApS (“Company,” “we,” “us” or “our”).
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT REGISTER FOR AN ACCOUNT, PURCHASE LIFETIME PREMIUM ACCESS, PURCHASE A SUBSCRIPTION, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
By registering an account, purchasing premium access, purchasing a subscription, or using www.poikilingo.com and/or the Poikilingo application, including all of the services provided therein, including any specific functionalities of our products and/or services and any other websites and applications that link to these Terms (collectively, the “Services”), you acknowledge that you have read and understood these Terms, and agree to be bound by them. Both these Terms and separate terms of service or sale documents may apply to your use of the Services or to a sweepstakes, service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides; by or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child authorized by you to use and access the Services does so in accordance with these Terms.
Company collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Privacy Policy (www.poikilingo.com/privacy-policy), which is incorporated by reference and made a part of these Terms.
If you do NOT agree to be bound by these Terms, you should stop using the Services immediately.
Controller Identification
We inform you that the provided data will be processed by Poikilingo ApS, with registered office in Guldringen 27, 4320, Osted, Lejre, Denmark (hereinafter as the “Controller”). You can contact the Controller via email to support@poikilingo.com.
Summary of key points
You should read all of these Terms and also our Privacy Policy (the terms of which are incorporated into these Terms), but here are some key points:
YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT.
By registering an account, purchasing premium access, purchasing a subscription, or using the Services, including any specific functionalities of our products and/or services, you accept these Terms.
By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your subscription prior to its renewal date through the procedures described in the “Subscription Cancellation” section.
Your use of the Services is AS IS, without warranty and will result in no liability to us.
Table of Contents
1. Description of Services
Poikilingo Kids is a service where the user is given access to a language learning application for children. By registering as a user of the Poikilingo services, which includes the Poikilingo application and the website, and by purchasing products, subscriptions or services from us, you enter into a binding agreement with Poikilingo ApS (“Agreement”).
Users of the Services (“Users”) include “Child Users” (children who use the child-directed learning portion of the Services, including any specific functionalities of our products and/or services (such as activities with Voice Recording and Recognition) and “Adult Users” (including parents and guardians of Child Users, teachers and school administrators).
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Services on these Terms. Once you have entered into an Agreement with Poikilingo ApS, you will be able to access the Poikilingo application through your account. Services may vary in price and content. For more information about our services, go to your application store (Google Play or the App Store).
There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may related to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your Account at any time, or remove or edit content, including content submitted by you, on our Services or any of our affiliated websites, including social media pages.
2. Accounts and Passwords
As part of the registration process, you will be asked to create an account and become a customer of Poikilingo ApS (“Customer”). To register, you will be asked to provide registration information, which may include name, email address and potentially other unique identifying information, which you must ensure is always accurate and up to date.
We currently offer a Family Account that can have a maximum of five users, including an Adult User and up to four Child Users that the Adult User adds to the Family Account.
Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree that:
you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date;
you are solely responsible for all activities that occur under your Account;
you will notify us immediately of any unauthorized Account use;
you will not pretend to be another person to become a customer or use the Services;
we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and
you will not sell, transfer, or assign your Account or any Account rights.
If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.
You agree that you will NOT register any Child User under the age of thirteen, for whom you are not a parent or legal guardian, or have written consent to do so from the parent or legal guardian of the Child User.
You agree that you are solely responsible for maintaining the confidentiality and security of your Poikilingo account and for all activities that occur with your Poikilingo account that are under your control.
Please inform us at support@poikilingo.com if you suspect that someone has attempted to log in to your account, or you find unusual activity, including loss, theft or disclosure of your password or credit card information to others.
We reserve the right to deactivate or close your Poikilingo Account and refuse your future use of Poikilingo if we learn or suspect that you have provided us with false, abusive, misleading information or information that is not permitted under these Terms.
Poikilingo and all content offered through Poikilingo (images, animations, text, video, audio, software, technology, etc.) belong to Poikilingo ApS or our licensors. Through your account to Poikilingo, we grant you a limited right to non-commercial use of Poikilingo’s content. You have no intellectual property rights in, or to, Poikilingo other than the right to use them in accordance to these Terms. The right is valid for as long as you have an Agreement with us (these Terms). You may NOT share or transfer Poikilingo, its content, in whole or in part, to any other party other than set out in these Terms.
All Poikilingo’s features, trademarks, logos, domain names, characters, and other features of the Poikilingo brand belong to Poikilingo ApS. Poikilingo ApS and/or its licensors reserve all rights in Poikilingo that are not specifically licensed under these Terms. Except as permitted by these Terms, you many NOT copy, modify, reproduce, publish, distribute, display or transmit all or any part of Poikilingo or the content for any commercial, non-commercial or public purpose.
You must comply with our Terms at all times and abstain from using Poikilingo (including but not limited to content) in violation of the Terms. You have the right to use the software included with Poikilingo only under these Terms.
3. Fees and Payments
For certain types of Accounts, we may charge a fee, such as one-time fee or a renewable subscription fee. For existing subscribers, we may change your fee at any time at our sole discretion at the end of your subscription period. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
We may offer promotional trial periods to access the Services for free or at special discounted prices. If you sign up for a trial, your rights to use the Services may be limited by the terms of such trial and will terminate or renew according to the Terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
We may introduce new or cancel existing paid Services and features at any time and change a pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our website.
Payments
You must either use a credit card, debit card or other payment mechanism accepted by us (for example, Google Play Store, Apple iTunes App Store) (“Pay Mechanism”) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services including any specific functionalities of our products and/or services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider.
Should the Pay Mechanism provide initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser instalments of the initially incurred charge. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third party service provider to process payments on our behalf. You acknowledge and agree that in the event the third party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
By subscribing to a Service, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your subscription prior to its renewal date through the procedures described in the “Subscription Cancelation” section in these Terms. We will charge your credit card (or other method of payment initially used by you) each year, month, or other applicable period (depending on the term that you selected) for then-current applicable price.
Subscription Cancellation
Unless you purchased your subscription through Apple iTunes App Store, to cancel your subscription and avoid future billing, you may cancel your subscription prior to its renewal date through the Subscription area in the Parents Area of the App or by contacting our Customer Support Team. If you do so, please know that we endeavour to have customer requests handled within 72 hours; however we cannot guarantee that your cancellation will be registered within that time period.
We will honour all cancellations received before the renewal date, outside of iTunes App Store subscriptions. If you download our application through iTunes App Store, you must follow the cancellation instructions provided in the iTunes App Store. For all subscriptions, you will continue to have access to your Account for the period of time that has already been prepaid. If you activated a paid subscription at a discounted or promotional rate, chose to pay in instalments, and then cancelled that subscription prior to all of the instalments having been paid, the period of time after the cancelation that your Account will continue to be accessible will be calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation.
After you cancel your subscription, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we do not provide full or partial refunds to prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.
If you sign up for a trial subscription through a Pay Mechanism that is NOT through Apple iTunes App Store, you are entitled to a refund for any fees paid for your subscription within 7 days of the payment date. After the 7th day, you are not entitled to any refund. If your subscription includes any additional add on services, you are not entitled to any refund.
As we provide digital content and digital Services, and as such content is immediately viewable and usable signing up and accessing the content; therefore all sales are final. However we strive to provide the best customer service and are always happy to resolve matters on a case-by-case basis. If you believe you should be edible for a refund, please contact us via email to support@poikilingo.com.
If Poikilingo ApS terminates this Agreement because you breached this Agreement or any applicable laws:
no refund will be issued;
we may permanently delete your account and all data associated with it.
4. Rules and Conditions of Use
To ensure that Poikilingo and its use is fun for everyone, we have established some rules of use:
You must respect intellectual property rights, such as copyright and trademark rights. This means that it is forbidden to:
Copy, reproduce, record or disclose any portion of Poikilingo or any content provided to you through Poikilingo, or any other use of Poikilingo that is not expressly permitted under these Terms;
Use Poikilingo to import or copy local files that you are not legally entitled to import or copy in this way;
Reconstruct, decompile, disassemble, modify or create derivative works based on Poikilingo or any part thereof;
Circumvent technology that we, our licensors, or any third party use to protect content available through Poikilingo;
Circumvent any restrictions on the availability of Poikilingo in particular country or jurisdiction;
Remove or modify any copyright or other intellectual property rights notices in Poikilingo;
Give your password to another person or use another Customer’s username and password;
Collect or harvest any information or data from Poikilingo or our systems or attempt to decipher any transmissions to or from the servers running any Services; or
Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Poikilingo nor attempt to do any such things, except to the extent that, by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Poikilingo to obtain the information necessary to create an independent program that can be operated with Poikilingo or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
Is not disclosed or communicated without Poikilingo’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
It not used to create any software that is substantially similar in its expression to Poikilingo;
Is kept secure; and
Is used only for the Permitted Objective.
You must respect Poikilingo and other users of Poikilingo. It is prohibited to participate in any activity at Poikilingo that:
Is offensive, defamatory, pornographic, obscene or otherwise objectionable in Poikilingo ApS reasonable opinion;
Is unlawful, or is intended to promote or commit any unlawful act, including, but not limited to, infringement of intellectual property, privacy or other proprietary rights of Poikilingo ApS or any third party;
Contains personal information from third parties or is intended to:
Require such personal information;
Harasses or bullies other members;
Mimics another user, person or entity, or is otherwise dishonest or fraudulent;
Promotes commercial products or services;
Violates these Terms;
Is fraudulent or malicious, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Poikilingo or any operating system;
Could damage, disable, overburden, impair or compromise our systems or security or interfere with other Customers.
If Poikilingo ApS believes in its absolute discretion that you have violated any of these rules of use or other Terms, Poikilingo ApS may terminate your account.
Personal Information
In order to offer the Services, Poikilingo Aps must process personal information about the Users of the Services. Registration information and other personal information about you is subject to our Privacy Policy, which explains in detail about the information we collect, how we use it, and who we share it with. We recommend you read more about it at https://www.poikilingo.com/privacy-policy.
By accepting the Terms, you grant us the right to use your device, including processor, bandwidth and storage hardware, to facilitate the operation of our Services.
Third Party applications
Poikilingo may choose to allow a third party application, website or service platform to make products and services available to you (“Third Party Applications”). Use of these Third Party Applications is governed by the respective terms of use for each service. You understand and agree that Poikilingo ApS is not responsible for the features or content of any Third Party Applications and assumes no responsibility for the content of any third party content displayed on Poikilingo. You understand that the information and opinions in the Third Party Applications are not endorsed by, or reflect Poikilingo ApS’s views.
Where Poikilingo contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Technical Conditions
Poikilingo Aps does not guarantee that the Services offered can actually be used or performed with the User’s device. Users are responsible for ensuring that the technical requirements for access to and use of Services are met. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings, if any, and the current browser software. Users shall carry out necessary and reasonable adjustment measures themselves and shall bear the costs for the Internet connection in order to be able to access online content.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
For some features and functionalities, Poikilingo requires access to the Internet. Network connectivity can affect quality, speed and ease of use. Poikilingo ApS assumes no liability for this, including payment for such Internet access.
For some features and functionalities that are available to you via your wireless Internet Device (collectively, “Wireless Features”), your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number, including phone number, and update your Account to reflect the changes.
Apple and Android Devices
The following terms apply when you use an application obtained from either the Apple App Store or the Google Play Store (each and “App Distributor”, collectively “App Distributors”) to access the Services:
The License granted to you for our mobile application is limited to a non-transferable License to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms of Service;
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms and Conditions of this mobile application License contained in these Terms, or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its Terms and Policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
You must comply with applicable third party terms of agreement when using the mobile application; and
You acknowledge and agree that the App Distributors are third party beneficiaries of the Terms in this mobile application. License contained in these Terms, and that each App Distributor will have the right, enforce the Terms for this mobile application against you as a third party beneficiary thereof.
5. User-Generated Content
We may allow the posting, submission, or distribution of artwork or other content created by Child Users (“User-Generated Content”) on or through the Services, including through specific functionalities of our products and/or services (by way of example, activities with Voice Recording and Voice Recognition).
All rights to User-Generated Content, including all intellectual property rights, shall remain the exclusive property of the user. By posting, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, non-exclusive license to use, copy, distribute, display, transmit, and publish such User-Generated Content for the purposes specified in these Terms, the posted Privacy Policy, and any Additional Terms, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised.
You irrevocably and unconditionally represent and warrant that any User-Generated Content uploaded to our Services complies with these Terms, our Privacy Policy, the GDPR/DPA and any other applicable laws.
You are fully responsible for your User-Generated Content uploaded to our Services. We will not be responsible, or liable to any third party, for:
The content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Services; or
The loss of any content or data provided to us by you. You should keep a record of all such content and data.
You consent to our publication of User-Generated Content generated through your account by any Child Users so long as the publication cannot be used to particularly identify such Child Users. In addition, if you are an Adult, you consent to the publication of information that can be used to identify you in conjunction with User-Generated Content. For example, we may display User-Generated Content submitted in response to contests and sweepstakes or publish any testimonials you send to us along with your name and other information you submit.
One of the functions of our application is a recording feature to aid in language learning, whereby a child can speak a short phrase into the microphone of the device they are using, and the application then returns some feedback.
We may ask your permission to enable voice features that collect voice data when your child is using our voice tools. Permission is requested for this use within the app, at the point of registration or when the Child User will use a voice activity for the first time. All data collection is visible and clear in the interface. In each case, the legal basis for processing is our legitimate interests and provision of contract.
If you have enabled this functionality, we will store these short recordings, but they are stored without your personal information or that of your child attached (“Recordings”). We use recordings for the purposes of statistical analysis, to give us insight into how well our application is working and how well children are learning languages using our application. All recordings are stored in a secure server, without any personally identifiable information attached. To the extent that the recordings still constitute personal data under applicable law, our legal bases of processing is: i) in relation to our collection of data, your express consent (which can be withdrawn at any time by disabling the recording features, although that withdrawal will not affect the validity of our processing before consent was withdrawn); ii) the performance of our contract with you (in providing you with requested features); and iii) in relation to our processing for statistical analysis, our legitimate interests in improving our products and services. We do not share audio data with any user or third-part.
We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Services.
The company shall have full, exclusive and complete intellectual property rights to all of the recorded audios. The company agrees to strictly keep your's and your Child User’s information confidential. Without your clear written consent in prior, the Company shall not make commercial or marketing use of the information including the portraits of you or your Child User or the information indicating the identity of you or your Child User. Only if any of the following events occurs, the Company can reasonably make use of your information including portraits, name or other personal information without prior consent of you or payment to you:
The portrait right, name right and other civil legal rights of you and your Child User have been clearly waived;
the information is used for the purpose of internal use subject to your consent to the Company Privacy Policy.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Services constitutes a violation of their rights under Applicable Law.
We have the right to delete any User-Generated Content uploaded to our Services if, in our opinion, it does not comply with the content standards set out.
6. Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
While we make all efforts to maintain the accuracy of the information about our Services, we provide the Services and related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
Poikilingo accepts no liability for any disruption or non-availability of the Services resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
As part of the Services, you may communicate with third parties and have access to third party’s advice. Any information about third parties is provided on an “as is” basis, based on information provided to us by the third parties. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any third party or third party’s advice.
You acknowledge that third parties are not our agents or employees and all third parties are solely responsible for any third party’s advice. No third party is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on third parties, we do not make any representations or warranties as to the qualifications or experience of any third party and you are encouraged to conduct your own due diligence on each third party, including whether such third party and third party’s advice is relevant or suitable to your needs.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The Services (including the Content and the User-Generated Content and any specific functionalities of our products and/or services);
Your use of or inability to use the Services, or the performance of the Services;
The failure of a Child User to learn or otherwise benefit educationally from their use of the Services;
Any action taken in connection with an investigation by the Company or law enforcement authorities regarding your access to or use of the Services, including any specific functionalities of our products and/or services;
Any action taken in connection with copyright or other intellectual property owners or other rights owners;
Any errors or omissions in the Services’ technical operation; or
Any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Company were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
8. Indemnity
To the maximum extent allowed by law, you agree to indemnify, defend and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from:
your breach or alleged breach of these Terms;
your use of the Services or activities in connection with the Services, including any specific functionalities of our products and/or services;
your User-Generated Content;
your violation of any law, rule or regulation; or
your violation of any third party rights.
The Company reserves the right to assume, at their sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.
9. Law and Jurisdiction
These Terms and the relationship between you and Poikilingo ApS shall be governed and construed in accordance with the Law of Denmark.
If any controversy, allegation, or claim arises out of or relates to the Services or these Terms (collectively, “Dispute”), you and we agree to the following resolution process with respect to the Dispute:
YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT.
To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least thirty (30) days.
To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (1) a description of the Dispute and (2) a proposed resolution (together, the “Dispute Notice”).
If you want to raise a Dispute, you must send your Dispute Notice by certified mail to us at: Poikilingo ApS. Guldringen 27, 4320, Osted, Lejre, Denmark.
If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using contact information included with your Dispute Notice.
If we want to raise a Dispute, we will send our Dispute Notice to you at the email address we have on file for you.
Poikilingo ApS and you agree to submit to the exclusive jurisdiction of the Courts of Copenhagen, Denmark.
10. General Provisions
Management of Services
We reserve the rights, but not the obligation to:
Monitor the Services for violations of these Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable, to the extent technologically feasible, any of your User-Generated Content or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in a way burdensome to our systems;
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Termination of Services
We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
International Compliance
We control and operate the Services from Denmark. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws).
Communications
When you communicate with us electronically, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Feedback
Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services, including with specific functionalities of our products and/or services. If you choose to provide us with feedback, you acknowledge and agree that:
you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas, and
we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.
Severability
If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.
No Waiver
No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Poikilingo ApS.
Updates to These Terms
We reserve the right to modify these Terms, or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting them on the Services provided that (i) any modification to related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification.
If you do not cancel your Account within 7 days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.
Survival
In the event of any termination of these Terms, whether by you or the Company, the following Sections will continue in full force and effect: Section 4 (Rules and Conditions of Use), Section 5 (User-Generated Content), including but not limited to the Company’s right to use Your Content, Section 6 (Warranties), Section 7 (Limitation of Liability), Section 8 (Indemnity), Section 9 (Law and Jurisdiction) and Section 10 (General Provisions).
Entire Agreement
These Terms constitute the entire agreement and understanding between the Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and the Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Contact Us
If you have any questions or concerns with respect to these Terms or the Services, you may contact us via email to support@poikilingo.com.