1. Introduction
Welcome to Pingalaa LLC ("Company", "we", "our", "us")! These Terms of Service ("Terms") govern your use of our software, applications, and services (collectively referred to as the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service.
2. Use of the Service
Eligibility
You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this eligibility requirement.
Third-Party Links
Our Service may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or availability of these external sites. Your use of third-party links is at your own risk, and you should review their terms and privacy policies.
Prohibited Activities
You agree not to:
- Violate any applicable laws or regulations.
- Use the Service for any illegal, harmful, or unauthorized purpose.
- Interfere with or disrupt the Service or its servers.
- Attempt to gain unauthorized access to any part of the Service.
3. Intellectual Property
Ownership
Pingalaa LLC retains all rights, title, and interest in and to the Service, including any intellectual property rights. You may not copy, modify, distribute, or create derivative works based on our Service without our express written consent.
4. Software License
Subject to your compliance with these Terms, Pingalaa LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our software applications solely for your internal business purposes.
5. Payment Terms
Fees and Payment
Fees for our services are as described on our website or in your service agreement. All fees are in U.S. Dollars unless otherwise specified. Payment is due according to the payment terms specified at the time of purchase.
Refunds
Unless otherwise specified in writing, all sales are final. Refund requests should be submitted to info@pingalaa.com and will be considered on a case-by-case basis.
Payment Processing
We use third-party payment processors to handle transactions. Your payment information is subject to the privacy policies and terms of those payment processors. We do not store complete credit card information on our servers.
6. Termination
Termination by You
You may terminate your use of the Service at any time by discontinuing use and contacting us at info@pingalaa.com to close your account. Upon termination, your right to use the Service will immediately cease.
Termination by Us
We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent, harassing, or illegal activity
- Non-payment of fees
- Extended periods of inactivity
Effect of Termination
Upon termination, all licenses granted to you will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
7. Privacy
Data Collection
We collect and process personal information in accordance with our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
Link to Privacy Policy
8. Disclaimer of Warranties
As Is Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Pingalaa LLC disclaims all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
No Consequential Damages
Pingalaa LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Service, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
Liability Cap
Maximum Liability: In no event shall Pingalaa LLC's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Pingalaa LLC in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.
10. Indemnification
You agree to indemnify, defend, and hold harmless Pingalaa LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
- Any content you submit through the Service
11. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by the laws of the state of Illinois, USA, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising from or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
12. Changes to the Terms
Pingalaa LLC reserves the right to modify or update these Terms at any time. We will notify you of any material changes via email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other written agreements or policies we provide, constitute the entire agreement between you and Pingalaa LLC regarding the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Pingalaa LLC.
15. Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: legal@pingalaa.com
Address: Pingalaa LLC, 3644 Hector Ln, Naperville, IL, 60564, USA
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.