TERMS OF USE

Last update: Jul 20 2020

Terms of Service

 

Please read this agreement carefully; this is a binding contract.

For the purposes of this document, “Pikkano” and “we” mean the company that provides the service subject to these Terms of Use, Pikkano Tech, S.L.; “Pikkano App” means the mentioned service/app and “you” means its user, who subscribes the Terms of Use.

By accessing and using the Service PIKKANO APP in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. We may update this Agreement from time to time without notice to you. Your use of the Service after the changes to this Agreement are posted on the Website or made available to you through your Device(s) shall constitute your acceptance of the updated Agreement. If you do not agree to any of the terms and conditions in this Terms of Service or any provisions in our Privacy Policy as they may be updated from time to time, then you may not access or use the Service.

 

  1. BASIC INFORMATION

1.1 Pikkano App consists in a Smartphone Application able to protect and manage your images digital rights by encrypting and decrypting images, as well as sharing these encrypted images with other users by third parties Apps under medium-high standards of security. Therefore, Pikkano App’s main use is Digital Rights Management (DRM), through an encryption for protect your image rights. Pikkano app is used to verify that your images are exclusively viewed by those who you have given right to do it (by sharing the image) through Pikkano app decrypting function by limiting the number of devices and period of time image’s availability for view, preventing said images to be pirated or theft or were accessible forever.

You hereby grant the rights (non-exclusive, fully paid and royalty-free, worldwide) to Pikkano to decrypt and reproduce your encrypted images through Pikkano app for the number of devices and period of time you manage with Pikkano encryption functionality. Pikkano does not claim ANY ownership rights over your images these rights will remain fully yours and Pikkano’s purpose is to protect them. You must have the rights over the image you protect with Pikkano, this is you exclusive and full responsibility. If you detect any abuse please contact: legal@pikkano.com.

1.1.1. Pikkano App is NOT a sharing service. Pikkano App allows its users to encrypt and unencrypt your images, but has no relation with what they do with those images, before, during and after the encryption. All the encryption and decryption processes are local; they take place entirely in the own user´s device.

1.1.2. Pikkano App provides no guarantee of inexpugnability of its encryption.

1.1.3. The encryption and decryption can result in image losses. We assume no responsibility for image losses.

1.1.4. The encryption generates an encrypted image. The encrypted/decrypted image maximum resolution will be 1024×1024.

1.1.5. The Pikkano App store in the user’s device the decrypted images until time view expires.

1.1.6. Pikkano does its best to keep the inaccessibility of the encrypted images. However, we assume no responsibility for the hypothetical security breaches. Pikkano won’t be responsible in any sense for the bad use or performance of the App. Neither will be for any loss or damage of information derived from the use of the App.

1.1.7. This Terms of Use should be read in conjunction with our Privacy Policy notice.

1.1.8 Pikkano does not collect, store nor commercialize any of your personal data.

 

  • HOW THE APP WORKS

 

2.1. The user has got the possibility of conferring a particular image a maximum lifetime, which can be a maximum time of existence or of decryptions. Reached that limit, the image won’t be able to be unencrypted anymore.

2.2. Encryption

2.2.1. The user has the possibility to encrypt images and keep them in his own device or sharing It by social networks or any other Third Parties APP.

2.2.2. The App will show the options menu of images maximum lifetime. It is possible to determinate a maximum number of time of life or a maximum number of displays.

2.2.3. In the “send/share” icon the App will provide access to the native menu to save, share or send files.

2.3. Decryption

2.3.1. The user has the possibility to unencrypt images by choosing encrypted files from the own App.

2.3.2. The user could see the images until expires images lifetime and is not reached the maximum number of displays.

2.3.3. Warning: the encryption and decryption processes can cause a loss of quality and resolution of the photo.

 

  • INFO NOTICES

 

3.1. The App may show some informative notices, warning about:

3.1.1. General error of the App

3.1.2. “This image is not available for decryption anymore”

3.1.3. “The maximum number of displays has been exceeded for this image”

3.1.4. Error in URL decryption

3.1.5. Error in file decryption

3.1.6. Error in encryption

 

  • LEGAL NOTICE

 

4.1. Eligibility. You may use the App if you have the legal capacity to form a binding contract under applicable law. By agreeing to these Terms, you represent and warrant that you are (i) 16 years of age or older. By agreeing to these Terms, you represent and warrant that the account will not authorize anyone under the age of 16.

4.2. License to Use of Pikkano App. Conditioned on your compliance with these Terms, Pikkano grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the Pikkano App for your personal, non-commercial use on a mobile device owned.

If you want use as a company or for commercial purpose please contact to: legal@pikkano.com

4.3. License Restrictions. The license granted in Section 4.2 is conditioned on your compliance with the following:

4.3.1. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in any of the Pikkano App or to use any of the Pikkano App in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;

4.3.2. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of any of the Pikkano App, except and only to the extent that applicable law expressly permits, despite this limitation;

4.3.3. You must not download nor copy any of the Pikkano App, except as expressly permitted in Section 4.2;

4.3.4. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available any of the Pikkano App or any features or functionality of any of the Pikkano App to any third party for any reason, including by making any of the Pikkano App available on a network where it is capable of being accessed by more than one device at any time;

4.3.5. You must not modify or make any derivative works of any of the Pikkano App, in whole or in part;

4.3.6. You must not remove any proprietary notices or labels on any of the Pikkano App or any copy thereof;

4.3.7. You must not use Pikkano App in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;

4.3.8. You must not interfere or tamper with or access or use non-public areas of Pikkano service, computer systems, or the technical delivery systems of Pikkano service providers.

4.3.9. You must not make any use of any of the Pikkano App or Pikkano services in any manner not permitted by these Terms or the documentation; and

4.3.10. You must use the App in compliance with all applicable laws. ATTENTION: YOU MUST COMPLY WITH ALL LAWS WHEN USING ANY OF THE PIKKANO’S SERVICES. YOU ARE RESPONSIBLE FOR RESPECTING OTHERS’ PRIVACY RIGHTS.

4.3.11. Your Content. You are solely responsible for all Content that is encrypted, decrypted, stored, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with Pikkano App. Pikkano does not claim ownership of Your Content. You represent and warrant that Your Content does not infringe the rights, including intellectual property rights, of Pikkano or any third party or violate any agreement with or policy of Pikkano or any applicable law. You agree not to post, encrypt, decrypted ,upload, publish, submit, or transmit any Content that: (i) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, (ii) is fraudulent, false, misleading or deceptive, (iii) is defamatory, obscene, pornographic, vulgar or offensive, (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (v) promotes, encourages, or engages in terrorism or violence against people, animals, or property, (vi) promotes, demonstrates or constitutes illegal or harmful activities or substances, or (vii) promotes, encourages, or engages in child pornography or the exploitation of children. If PIKKANO suspects violations of any of the foregoing, Pikkano may suspend or terminate your App use and may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.

4.3.12. Intellectual Property Rights. You acknowledge and agree that Pikkano App is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Pikkano App other than the right to use the Pikkano App in accordance with the license in Section 4.3.

4.3.13. Pikkano services, trademarks, service marks, logos, trade names are protected by copyright, trademark, and other laws. You must not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Pikkano service or content. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties;

4.3.14. App Availability and Support. Pikkano does not guarantee availability of the Pikkano App or service, and your access is permitted only if and when they are available. Your use of any of Pikkano App may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Pikkano reserves the right to suspend your Service, your use of any of the Pikkano App, and discontinue your access to Your Content provided or made available to you through the Pikkano App at any time without notice. You agree that PIKKANO may use third-party technologies and service providers in the course of providing Pikkano’s services to your Pikkano App.

4.3.15. Termination. You may terminate your Account or your use of the App at any time. PIKKANO reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time if you fail to comply with any term(s) hereof. These Terms, if applicable, will survive termination.

4.3.16. DISCLAIMER OF WARRANTIES. PIKKANO’S SERVICES, PIKKANO APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PIKKANO DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO PIKKANO’S SERVICES, PIKKANO APP AND CONTENT, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, PIKKANO HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT PIKKANO’S SERVICES, PIKKANO APP, OR CONTENT WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.

4.3.17. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL PIKKANO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR CONTENT, OR THE PIKKANO APP.

4.3.18. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 4.3.17, PIKKANO’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR CONTENT, OR THE PIKKANO APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PIKKANO APP.

4.3.19. IMPORTANT CONSUMER NOTICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 4.3.16 TO 4.3.18 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTIONS 4.3.16 TO 4.3.18 MAY NOT APPLY TO YOU.

4.3.20. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 4.3.16 and 4.3.17 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 4.3.16 and 4.3.17 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

4.3.21. Indemnity. You agree to defend, indemnify, and hold PIKKANO, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of any of the Pikkano App, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. PIKKANO reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PIKKANO in asserting any available defenses.

4.3.22. Notices. PIKKANO may give you all required notices (including legal process) by any lawful method, including by posting notices on the Pikkano App or by sending it to any email address that you provide to PIKKANO. You agree to send PIKKANO notices by emailing them to: legal@pikkano.com

4.3.23. Modifications to these Terms. PIKKANO reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at pikkano.com/legal. Updated Terms are binding on you as of the effective date indicated in our notice. If, at any time, you do not agree to the Terms, you must remove Pikkano App from your device and stop using the Pikkano App.

4.3.24. Governing Law. These Terms are governed by the laws of the European Union (Spain), without reference to its conflict of law’s provisions.

4.3.25. LOCATION OF DISPUTE RESOLUTION AND CLASS ACTION WAIVER;. Any judicial claim against Pikkano from its users will be submitted to the competent judges of Madrid (Spain). The acceptation of these terms excludes the submission of every relation between Pikkano, its users or any third party to arbitration mechanisms.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

4.3.26. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and PIKKANO intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and PIKKANO agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following «including» or «e.g.,» is illustrative and not exhaustive, unless qualified by terms like «only» or «solely. PIKKANO may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to any of the Pikkano App, or under these Terms. If, at any time, PIKKANO fails to respond to a breach of these Terms by you or others, that failure will not waive Pikkano’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on PIKKANO if it is in writing and signed by PIKKANO. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and PIKKANO with respect to your Account and the Pikkano App. Both you and PIKKANO warrant to each other that, in entering these Terms, neither PIKKANO nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and PIKKANO, or Pikkano’s successors and permitted assigns, will have any right to enforce any of these Terms. The failure of PIKKANO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PIKKANO.

4.3.27 Pikkano is not subject to BIS EAR export license, according to image rights protection exception, given that its main use is Digital Rights Management (DRM), through an encryption that is used to verify that your images are exclusively viewed by those who have right to do it, thanks to Pikkano App limiting number of times and period of image’s availability, preventing said images to be pirated or theft or were accessible forever.

4.3.28 All your usage of Pikkano App is under your own responsibility.

4.3.29 Pikkano is solely responsible for any maintenance, support or upload services mentioned in these Terms of Use.

4.3.30 By accepting these Terms of Use, you declare, represent and warrant 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 you are not listed on any U.S. Government list of prohibited or restricted parties. The Pikkano App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Pikkano App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Pikkano services

4.3.31 You undertake not to break any law nor third parties’ rights when using Pikkano. You also undertake to comply with third parties’ terms of agreement when using Pikkano App.

4.3.32 Pikkano reserves the right to include and retire any kind of advertising during your usage of the App.

4.3.33 With respect to any communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation to you.

4.3.34 Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

 

  • TERMS FOR IN APP PURCHASE

 

5.1. The App is downloadable for free. You will be able to do an unlimited number of decryptions without any payment. You can encrypt ten images and, then, you will have to pay 4.49 EUR or equivalent (one single payment) for unlimited encryptions. Consequently, Pikkano App could be considered a publicly available mass market object code.

5.2. We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.

5.3. Pikkano shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.