Terms of Service

Last updated: July 9, 2020

Hey there, traveler of the World Wide Web. ⛵️ First off, thank you for using Pincone! It is a tool that we use and love. We hope it is useful to you and that it sparks some joy. Below we have outlined some Terms of Service that help all of us stay protected and in control of things.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Ars Futura d.o.o. We are a small company based in Croatia that built Pincone to scratch an itch we had.

When we say “Services”, we mean any product, website or application created and maintained by Ars Futura d.o.o. That includes any instance of Pincone, whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future. Usually, the changes will be to clarify some of these terms or add new ones as we expand the product. Whenever we make a significant change to our policies, we will share that with you via email.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you abuse or violate any of the terms, we reserve the right to terminate your account. We will be open and transparent in this communication and try to resolve the situation beforehand.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You are responsible for all content posted and activity that occurs under your account. This includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
3. You must be a real human being. Accounts registered by “bots” or using other automated methods are not permitted and are subject to immediate termination.

Pricing, Payments and Cancellations

1. If you are using a free version of one of our Services, it is 100% free. We do not ask you for your credit card and we do not sell your data.
2. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
4. In general, we are pretty flexible with refunds and we offer them on a case-by-case basis. If you want a refund, get in touch with us via our support channels and we will discuss the terms of your refund.
5. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. You will continue to enjoy the benefits of the paid plan until the end of your current billing cycle.
6. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Termination

1. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
2. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Uptime, Security and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
4. When you use our Services, you entrust us with your data. You agree that we may process your data as described in our Privacy Policy and for no other purpose.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
2. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
3. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
5. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Questions?

If you have any questions about any of our Terms of Service, please get in touch with us.