By accessing the Website and/or making a purchase of Pumpic Software and/or registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us.
In these terms, references to "you", "user" shall mean the end user accessing the Website, its contents and using Pumpic Software offered through the Website, and "we", "us" and "our" shall mean Pumpic and/or this Website.
By accessing the Website and/or using our Services, you represent and warrant that (a) you are eighteen (18) years of age or older and/or have full legal capacity to enter into legally binding relations; (b) you are parent or legal guardian of a child or a minor (“Child”), whose Device (as this term defined herein) is monitored, and if required by law, received Child’s consent to install Pumpic Software and monitor his/her Device activity; (c) you have an “ownership interest” in the Device on which Pumpic Software is installed, (d) the information you provide us with is your personal information and/or Child’s you care about as a legal guardian, and whose Device is monitored, and you have the authority to provide it to us, (e) your use of the Services does not violate any law and/or regulation applicable to you and/or your Child, (f) all registration information you submit to us is truthful and accurate and (g) you will maintain the accuracy of such information (collectively “Eligibility Requirements”).
You may not access or use the Website or Services if you are unable and/or don’t have the authority to form a binding, legal agreement with Pumpic and/or not in conformity with our Eligibility Requirements. You assume all responsibility for your and/or your Child, whose Device is monitored, use of, and access to, the Website, our Services and/or Pumpic Software.
Your Pumpic Account may be deleted and Services provided to you may be terminated without warning, if we believe that you violate the Eligibility Requirements set forth in this Terms.
In order to verify your identity electronically, and/or confirm that you are, in fact, the parent or legal guardian of the Child, whose Device is monitored, we may ask you for your details (such as your name, address, date of birth, email, telephone number), your identification documents, and/or documents confirming your “parent/ legal guardian – child relationship”.
You authorize us directly or through third parties to make any inquiries, we consider necessary to validate your profile and/or any other information, including financial, you provide to us while ordering/registration process. Essentially, the procedure involves, inter alia, validating your identity and your “parent/ legal guardian – child relationship”, confirming that information you provide truthful and accurate, and in certain cases requesting some additional documents to be submitted for verification.
You are responsible for informing us about any changes to your postal and/or e-mail addresses, and/or phone numbers, as well as any changes to your name and/or tax identification number, status of your “parent/ legal guardian – child relationship” with the Child, whose Device is monitored, and/or contact information and/or payment information or other personal information that will impact our ability to verify your identity and/or provide you with our Services.
If you fail to pass our verification, your Pumpic Account shall be deleted and your agreement with Pumpic shall be terminated immediately without notice.
Provided Services. Pumpic Software
Pumpic shall make available to you the software (hereinunder referred to as “Pumpic Software”) that consists of (a) Pumpic mobile application for Devices based on Android platform (“Pumpic Application”), and/or (b) a cloud based monitoring solution for Devices based on iOS platform (“iCloud Solution”).
Subject to full compliance with these Terms, Pumpic Software will allow you (a) to monitor through web-based control panel (“Control Panel”) your Child’s internet and/or online activity on his/her mobile phone and/or tablet (“Device”), and (b) set parent restrictions and/or block some activities on your Child’s Device (for Android-based Device only).
To use the Pumpic Software you must have a mobile device that is compatible with our Services. Please note that we do not warrant that the Pumpic Software will be compatible with your mobile device.
Information about Pumpic Software compatibility in more details can be found on our compatibility page http://pumpic.com/compatibility/.
Please consider that if your Child’s Device is based on Andriod platform, Pumpic Application will create visible icon on your Child’s Device.
You acknowledge that we may from time to time issue upgraded versions of the Pumpic Software, and may automatically electronically upgrade the version of the Pumpic Software that you and/or your Child are using on the Device. You consent to such automatic upgrading of Pumpic Software on your Device, and agree that these Terms will apply to all such upgrades.
In addition, to make our Services more efficient and valuable for you, from time-to-time we may provide you with free of charge additional services and/or software, which shall not be considered a part of services provided under this Terms. Control Panel Mobile App is the separate free of charge software which is available and can be downloaded for iOS-based Device at the iTunes App Store, and for Android-based Device at Android Play Market.
Please note, however that, since Control Panel Mobile App is not a part of our Services, Pumpic does not assume any liability whatsoever for the correctness, completeness, timeliness or uninterrupted usability of Control Panel Mobile App. Furthermore, we may terminate to provide you with our services via Control Panel Mobile App and/or to issue upgraded versions of Control Panel Mobile App in our maintenance in our sole discretion. You acknowledge that any complaints regarding the operation of Pumpic Control Panel Mobile App, which is a courtesy of Pumpic, not a paid service, as well as limitation of features that can be monitored via Pumpic Control Panel Mobile App are not a subject to a refund.
Intellectual Property. Copyright
This Website, Pumpic Software and materials incorporated herein, including data files, program files, software, codes, images, texts and other materials that are made available to download from this Website (“Pumpic Content”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated on this Website and/or Pumpic Software are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”). The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Website confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered).
Pumpic Content License
Subject to the terms and conditions herein, Pumpic grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Pumpic Content, including Website and the Services, through a generally available web browser or mobile device to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your Pumpic Account. You may not copy or download any Pumpic Content except with our prior written approval.
Furthermore, without our prior written approval, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Pumpic Content and/or Services. Any commercial use of the Website and/or Services not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Website and/or Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using.
Pumpic Software License
Your Pumpic Account
You need not register with us to simply visit and view the Website and not use any of Pumpic Services. However, in order to purchase Pumpic Software and/or use certain services of the Pumpic Software, such as your Control Panel, you must successfully register a Pumpic Account with us.
Following the purchase of Pumpic Software we will provide you with password and login details for your automatically created Pumpic Account, which is accessible through Control Panel. Password and login details will be provided to your email indicated during the ordering process.
For so long as you use your Pumpic Account, you agree to provide true, accurate, current, and complete in all respect information which can be accomplished by logging into your account and making relevant changes. You are responsible for maintaining the confidentiality of the password and your Pumpic Account, and are fully responsible for all activities that occur under your password and/or your Pumpic Account. You agree to (i) immediately notify us of any unauthorized use of your password and/or Pumpic Account and/or any other breach of security, and (ii) ensure that you exit from your Pumpic Account at the end of each session. We shall not be liable for any loss and/or damage arising from your failure to comply with these provisions.
Monitored content may include, but not limited to, the following:
- Calls history;
- Text message history;
- Browsing history;
- Location history;
- Chat messages and/or calls on messaging apps (WhatsApp, Viber, Snapchat, Skype etc.)
Photos and videos (collectively “Monitored Content”).
In more details information about Monitored Content can be found at http://pumpic.com/store.html.
As between you and Pumpic, you own all the information, materials, data, photos, or other Monitored Content collected by the Pumpic Software. You retain all rights to the Monitored Content. You are solely responsible for all Monitored Content collected by the Pumpic Software you and/or your Child share(s), provide(s), display(s), publish(es), or disseminate to others or to us through and/or using Device.
Monitored Content collected by the Pumpic Software is stored on Pumpic’s servers. By providing Monitored Content to us, you represent and warrant that (a) you and/or your Child are entitled to submit it and that it is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights), (b) Monitored Content doesn’t contain any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Pumpic reserves the right to remove or delete your Monitored Content or portion of it from our servers at any time in its sole discretion if Pumpic in its reasonable discretion believes that your Monitored Content doesn’t conform with these Terms and/or applicable law.
Payment and Fee Policy
OUR SERVICES ARE PREPAID. IF WE DID NOT RECEIVE YOUR PAYMENT OR PAYMENT METHOD IS DECLINED, YOU FORFEIT OF SERVICES. UPON ANY TERMINATION BY YOU, WE DO NOT PROVIDE REFUNDS FOR ANY SERVICES NOT YET PERFORMED.
Pumpic makes the Services available under a number of different subscription plans details of which are listed on the Website.
All your payments are due upon receipt. The Services are billed once these Services have been purchased by you.
All fees are exclusive of all taxes and/or levies, and/or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes and/or levies, and/or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you under these Terms.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payment, this act will be considered as a breach of your obligation hereunder and your use of the Services will be automatically terminated.
In case of any online fraud on your side, appropriate state authorities will be contacted immediately.
If you initiate a merchant dispute (chargeback) with your credit/debit card issuing bank, your use of the Services will be automatically terminated. We may sue for compensation for the incurred expenses from the chargeback.
We reserve the right to change our fee policy from time to time. In particular, we may at our sole discretion introduce new Services and modify some or all of the existing Services offered on the Website. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in US Dollars. You shall be solely responsible for compliance of all applicable laws including those for making payments.
In case you are having an issue with the Pumpic Software, you can submit a refund request in accordance with this Refund Policy. Refunds will be approved within this Refund Policy only under the accepted circumstances below. Since there are usually unique reasons as to why your refund requests have been made, if your request doesn`t meet the conditions set out herein we have the right but not an obligation to consider your refund request on a case by case basis.
We offer a 14-days money back refund period ("Refund Period"), which begins on your Pumpic Software purchase date and expires on the last day of the Refund Period. We will not refund any amounts for refund requests submitted after the elapse of the Refund Period.
We require that you utilize our technical support services prior to issuing a refund. If it is determined that your problems cannot be rectified, we will instruct you on how to receive a full refund. Do not contact us about a full refund without first contacting technical support. We will not fully refund your purchase without an approval from technical support. We do not charge for technical support.
We do not give refunds on beta, pre-order, or pre-release versions of software or subscription renewals. Refunds are only available for fully-released programs.
To receive a partial refund, please email firstname.lastname@example.org If we do not receive your refund request via email provided within the Refund Period, we will not be obliged to honor or consider above said request.
If you request a refund, the purchase (subscription) price (excluding any charges) will be refunded to you using the original payment method within [5-10] business days from the date of your refund request, once we have confirmed that your request meets the conditions set out herein.
When returning Pumpic Software you must have the Pumpic Software removed from the Device. We may require you to sign an electronic letter of destruction as condition of your return to confirm that you have uninstalled and have not made any copies of the Pumpic Software.
Circumstances of No Refund
We generally do not refund Pumpic Software in the following situations:
- Failure to read the Pumpic Software description before purchasing and thus resulting in dissatisfaction with the Pumpic Software's functions and/or results. It is highly recommended that you read the Pumpic Software description and before making your final purchase decision.
- We do not refund if Pumpic Software fail to meet your expectations and/or needs due to a lack of understanding by you, of the Pumpic Software functions, features and/or capabilities.
- You have 'changed your mind' after the purchase (subscription).
- We do not give refunds on beta, pre-order, or pre-release versions of Pumpic Software or subscription renewals. Refunds are only available for full versions of Pumpic Software.
- We do not refund if you intended to monitor activities (Monitored Content) beyond the provided jailbreak-free feature list (Text Messages, Calls, Browsing History, Bookmarks, Location, Calendar, Contacts, Photos, Notes, Skype, WhatsApp).
- You intended to use Pumpic Application for monitoring the data that had been deleted from the Device before a backup was performed and/or Pumpic Application was installed.
- You planned to use Pumpic Application on more than one Device.
- You have reached the limit on his or her subscription plan.
Technical Circumstances and Compatibility Requirements
- If you request a refund and your Device does not meet the minimum system requirements and/or doesn’t compatible with Pumpic Software. Please review the minimum system and compatibility requirements for our Pumpic Software carefully.
- If you are not willing to work with technical support on any problems, you are having.
- If the Device has been reset to the original factory settings or Pumpic Application has been uninstalled from the Device.
- You intended to monitor web activities on a non-standard web browsers on Android Device (other than standard Internet and Google Chrome).
- You intended to use the Pumpic Application and monitor web activities on a non-standard web browsers on iOS Device (other than Safari).
- You intended to use Pumpic Software to monitor browsing activities in the Incognito or Private mode of a relevant web-browser.
- You are no longer the owner of the Device.
- You refused to update Pumpic Application or OS version after technical issues have been resolved successfully.
- You cannot utilize Pumpic Application properly due to the functioning of any anti-virus, other software, or other spyware installed on the Device.
- You intended to utilize Keylogger feature with Keyboard different from US English.
- You cannot or do not want to enable additionally the Keylogger feature on the Android Device following the instructions provided by Pumpic customer support.
- You experienced accidental damage of Device because of rooting. You take all potential risks and accidental damage responsibility by using any rooting instructions for your own.
- A client intended to use iCloud monitoring on the Device with two-step verification activated on it does not perform authentication process.
- You use iOS iCloud solution and refused to check backup settings or perform a backup manually.
The service period shall begin on the date of purchase of relevant subscription plan for Pumpic Software and, unless renewed, shall last till the expiration of your subscription plan (the “Service Period”).
Restrictions on Use
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Modify, disassemble or decompile the Pumpic Software;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party;
- Make any copies of the Pumpic Software;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Pumpic Software, features that prevent or restrict use or copying of any content accessible through the Pumpic Software, or features that enforce limitations on use of the Pumpic Software;
- Delete the copyright and other proprietary rights notices on the Pumpic Software.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Use the Services for illegal purposes;
- Use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Transmit through the Services, through Testimonials or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of Pumpic system and/or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
Termination. Right to Restrict or Terminate Access
Pumpic may at any time terminate this Agreement and the Service at any time for any and/or no reason, including, but not limited to, your breach of this Agreement (including your failure to make any payments owed to Pumpic), and/or if Pumpic deems that you have engaged in any conduct or activities that Pumpic in its reasonable discretion believes violates Terms and/or applicable law. If Pumpic denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund for the subscriptions fees you have paid.
In the event that these Terms and/or Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms.
These Terms are an agreement (“Agreement”) between you Pumpic which constitutes all the terms and conditions agreed upon between you and Pumpic and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Pumpic are void. You represent that you have not accepted the Agreement in reliance on any oral or written representations made by Pumpic that are not contained in this Agreement.
Please note, however, that other aspects of your use of our Service may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreement, and do not supersede these Agreement. To the extent that there is any conflict between those agreements and these Agreement, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in promotions, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Disclaimer of Warranty
Actual service coverage, speeds, locations and quality may vary. Pumpic will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services and the Website may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Website and/or Services. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, the Services or the Website.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, ALL PUMPIC CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. PUMPIC DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PUMPIC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PUMPIC’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PUMPIC, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PUMPIC PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES.
PUMPIC’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID PUMPIC FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE PUMPIC’S LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold the Pumpic harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Monitored Content or any other content or material you submit or otherwise transmit through our Website, Services and/or Pumpic Software; (iii) your violation of any rights of another; or (iv) your use of the Website and/or Services. Pumpic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
When you use/ access the Website and/or our Services or send emails or other data, information or communication to Pumpic, you agree and understand that you are communicating with Pumpic through electronic records and you consent to receive communications via electronic records from Pumpic periodically, as and when required. Pumpic may communicate with you by email, sms, push notifications, telephone or by such other mode of communication, electronic or otherwise. Your use of the Website and/or Services entitles you to receive periodic communication regarding Pumpic Services through email, sms, push notifications, telephone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from Pumpic you can unsubscribe to the communication by sending your request at email@example.com.
We post сlients` testimonials on our Website which may contain personal information (your photo, first name or initials). Your testimonials consist of any of your suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the Website and/or Services ("Testimonials"). If you provide us with your Testimonials, as part of your use of the Website and/or Services, you agree that: (a) we may freely use, disclose, reproduce, license, distribute and otherwise commercialize your Testimonials in any Pumpic product, specification or other documentation; and you provide us with your consent to post your photo, first and last name/initials along with your Testimonial on our Website; and (b) you will not give us any Testimonials and/or feedback that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.
If you wish to request the removal of your testimonial you may contact us at [firstname.lastname@example.org]
Governing Law. Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. Notwithstanding the foregoing, you agree that Pumpic shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
You and Pumpic agree that any dispute, claim or controversy arising out of or relating in any way to the Pumpic Software, Services or this Agreement, shall be determined by binding arbitration, instead of in courts of general jurisdiction. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Pumpic are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of Pumpic Software License.
If you elect to seek arbitration, you must first send to Pumpic, by email, a written Notice of your claim ("Notice of Claim"). The Notice of Claim to Pumpic should be sent to [email@example.com] and should be prominently captioned "NOTICE OF CLAIM". The Notice of Claim should include both the mailing address and email address you would like Pumpic to use to contact you. If Pumpic elects to seek arbitration, it will send a written Notice of Claim to your email on file. A Notice of Claim, whether sent by you or by Pumpic, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand").
If you and Pumpic do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Pumpic may commence an arbitration proceeding. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
Notification of Changes
We reserve the right to change these Terms from time to time and your continued use of the Website and/or Services will signify your acceptance of any adjustment, improvements and/or alterations to these Terms. You are, therefore, advised to re-read these Terms on a regular basis.
If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
You may not assign your rights or obligations under these Terms without the prior written consent of Pumpic, which may be withheld in Pumpic’s sole discretion.
Pumpic’ failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms.
Pumpic’s Rights Cumulative
These Terms do not limit any rights that Pumpic may has pursuant to any intellectual property laws or any other laws. All rights and remedies available to Pumpic, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Pumpic.
If you have any questions, complaints, or claims, you may contact Pumpic at firstname.lastname@example.org.
No partnership, joint venture, employer-employee or franchise relationship is created by these Terms.