Terms of Service

Although the entire contractual relationship relating to these services is entered into solely by the Owner and Users, Users acknowledge and agree that, where this platform and/or application has been provided to them via www.findpingo.com, or through the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This service is provided by:

Pingo Inc. 
Corpus Christi, TX

Section 2:

An overview of the Service Platform

2.2 Restrictions, licenses, and ownership

The Pingo Corporation. Property rights and Intellectual property. We own our Platform and Services, as well as all intellectual property contained in them (individually or collectively, “IP”). A patent, copyright, trademark, trade secret, or another proprietary right is an example of intellectual property. Our Platform and Service are provided to you under a limited, temporary, revocable, non-transferable, non-exclusive license. Neither ownership rights nor additional rights are transferred by this license. You may not register, claim as your own, sublicense, or use the Platform, Service, or IP in violation of this PSA or Laws; or reverse engineer or copy it (unless you have been given permission to do so). Your Account may be suspended or closed in accordance with applicable law, and we may take legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this license; or if you attempt to hack or disrupt the Platform, Service, or IP by others; or if you interfere with the Platform’s or Service’s normal functioning.

Pingo’s IP and the use of it. To help you advertise your Space, we may provide you with logos or other digital media (“Logos”). Unless otherwise stated, Logos are only designed to advertise Spaces. Any use of Logos, the Platform, or the Service that harms or tarnishes the Pingo brand or reputation is prohibited. This includes any modification or use inconsistent with our authorization. Any Logos you are currently using may be terminated by us if you fail to comply with our request.

Third-party rights. Some third-party services are available on the Platform. A map feature might be available through Google Maps, for instance. You must adhere to the Terms of Use that apply to those features. If you click on links to third-party sites or services, you will be directed there.

In addition to the standard terms and conditions of the Apple App Store, you agree to the following terms:

Throughout this PSA, Pingo acknowledges that it is between you and Pingo alone, and not with Apple, Inc. (“Apple”).

Apple’s App Store Terms of Service must be followed when using the iOS App.

Pingo owns and operates our iOS App and its services and content, not Apple. Maintenance and support services are not provided by Apple for our iOS App. Within the limits of applicable law, Apple will not be obligated to provide any warranties with respect to our iOS app.  

In the event of any claim by you or a third party relating to our iOS App or your possession and/or use of our iOS App, Pingo, and not Apple, is responsible. This includes, but is not limited to: (a) product liability claims, (b) claims that the Services do not comply with applicable laws and regulations, and (c) consumer protection claims. If a claim for third-party intellectual property infringement arises from your possession or use of our iOS App, you acknowledge and agree that it is Pingo’s responsibility, not Apple’s, to deal with the investigation, defense, settlement, and discharge of the claim.

The iOS App is subject to all applicable third-party terms and conditions.

In relation to your iOS App license, Apple and Apple’s subsidiaries are third-party beneficiaries. Apple will have the right (and will be deemed to have accepted the right) to enforce this PSA against you as it relates to your license of the iOS App.

2.2 Pingo Inc. Owner contact email: info@findpingo.com

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Application Program Interfaces (API);

• the Service;

• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation

Section 3: HOST and USER REQUIREMENTS & POLICY AGREEMENTS

3.1 As of 8/2022, which marks the date of the business’s inception, there will be a host agreement with Pingo Inc. that will be visible on www.findpingo.com, as well as on mobile applications.

• The user is responsible for ensuring the safety of the properties listed by hosts, which are privately managed and insured. On the other hand, it is the Host’s duty to provide their properties with the safety and protection they deserve
• Rentals, events, and photography services offered by hosts must be privately insured for personal protection guarantee and due diligence to ensure safety for their customers
• When listing a space, hosts agree to provide a clean, bug-free space with no trash or other hazards. Hosts are responsible for injuries and damages caused to customers by renting a space. Pingo Inc. is not responsible for things that may cause emotional upheaval, bodily harm, or danger in a clean and safe environment
• The host agrees that the tenant will have privacy when renting their space. In addition to space for photos or videos, interviews, and events, they should be given the opportunity to create their content. It is acceptable for the host to stay at the residence or business during the booking, but he or she must step away and give the user/customer space and privacy, unless the user/customer is in danger or may pose a threat to the host or any of the host’s family members or customers.
• As a host, you agree not to allow any alcohol to enter your premises and not to provide alcohol to customers or clients unless your venue is a restaurant or bar that has the authority to provide such products in your jurisdiction.
• The host must be able to demonstrate ownership of their home, venue, or establishment, or confirm permission to host.
• Pingo reserves the right to request a security agreement from the host if users communicate excessive concerns regarding their safety in or at a place of business, home, venue or space as a last resort option before listing termination.
• For hosts who list products for rent, including clothing, accessories, props, camera equipment, and home decor, the host is responsible for communicating and establishing agreements between you as the host and the user, who is the individual that is renting the item, so that the contents condition is reviewed both before it leaves your hands and after it has been returned to you. Hosts are responsible for having separate rental contracts and agreements with renters if they choose to do so. We do not assume responsibility for the way rented content is handled if it is damaged or stolen. A refundable deposit is up to the discretion of the host. Deposits can be collected at the time of departure of the contents and returned to the renter at the completion of the rental agreement. It is the host’s responsibility to either escort the item, provide someone to escort the item, or make arrangements for someone to escort the item. Alternatively, the host can collect a contract with their own terms, damage waiver, or security deposit.
• If the host feels unsafe or has safety concerns related to the rental agreement, he or she has the right to refuse service at any time. When it comes to feeling safe and secure, hosts should use their best judgment and own discretion
• In case of an emergency or valid reason regarding safety or unusual activity that would not conform to the traditional expected interactions or behavior, deemed by the host’s threshold and comfort, creators, who are individuals who rent their space, may be asked to leave
• Hosts who find themselves in a position that compromises their safety should contact law enforcement as soon as possible. Pingo urges you to reach out to us at info@FindPingo.com as soon as you are at a safe place so that appropriate measures can be taken.

3.2 What the User should know at a glance

The following documents are incorporated by reference into these Terms:

• Usage of this website, application, and the Service is age restricted, as detailed in the relevant section of this document.

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.

• Minors, under the age of eighteen, may access this platform and application and use its Service only under parental or adult supervision.

• This platform and application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
• It is the creator’s right to cancel the space rental or product rental agreement, or to leave the rental agreement for any reason, if he or she feels unsafe or has safety concerns about the rental agreement. Creators should use their own judgment and discretion when it comes to feeling safe and secure
• In case of an emergency or valid reason regarding safety or unusual activity that would not conform to the traditional expected interactions or behavior, deemed by the users threshold and comfort, creators, who are individuals who rent their space, can cancel or leave a space for any valid reason.
• Users who find themselves in a position that compromises their safety should contact law enforcement as soon as possible. Pingo urges you to reach out to us at info@FindPingo.com as soon as you are at a safe place so that appropriate measures can be taken.
• Users are responsible for any damage or incident that occurs as a result of space rental for themselves and their party’s use of the space. Upon booking, the host may require the user to pay any fines or fees that the host may charge in order to rent a space or product. If there is an unreasonable fee that a user did not agree to, please contact Pingo so that we may assist in exploring a possible solution. 

• Important: Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.

3.3 TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this website service or application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Service and Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be older than 18;

• Minors may only use this Application under parental or adult supervision;

• Users aren’t 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;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

3.4 Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

3.5 Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless otherwise specified, each User must register only one account.

• Unless explicitly permitted, a User account may not be shared with other persons.

3.6 Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on this Application.

• By directly contacting the Owner at the contact details provided in this document.

3.7 Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

3.11 Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

3.12 Rights regarding content on this Application – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Section 4: Content provided by Users

4.1

The Owner allows Users to upload, share or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

4.2 Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Section 5: Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:

• if any complaint based on such content is received;
• if a notice of infringement of intellectual property rights is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

5.1 Removal of content from parts of this platform and application available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

5.2 Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on this Application Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Application. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

5.3 Acceptable use

This platform and application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this platform and application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this platform and application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Section 6: Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use and run the software on unlimited devices.

However, it may not be permitted to run the software on more than one device at a time.

Section 7: API usage terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Section 8: TERMS AND CONDITIONS OF SALE

8.1 Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

8.2 Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

8.3 Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

8.4 Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

8.5 Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Application are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

8.6 Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.

Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.

Other payment methods – if any – are independently provided by third-party services. In such cases this Application collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fail, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

8.7 Virtual Currency for exclusive use inside this platform and application

On this Application certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values.

By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within this Application for the purposes expressly authorized by the Owner within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service.

Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the Owner through this Application. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User.

In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.

8.8 Purchase via app store

This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

8.9 Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

8.10 Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

8.11 Contractual right of cancellation

The Owner or Seller grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Application within 10 days of concluding the contract.

8.12 Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the countries or territories specified in the relevant section of this Application.

Delivery times are specified on this Application or during the purchasing process.

8.11 Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

8.12 Delivery of digital content

Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

8.13 Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

Section 9: Contract duration

9.1 Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

9.2 Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

9.3 Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

9.4 Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

If the notice of termination is received by the Owner by the end of the current month, the subscription shall expire at the end of such month.

9.5 Exception for Consumers based in Germany

However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:

At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.

The fee due upon extension will be charged on the payment method that the User chose during purchase.

After extension, the subscription will last for an indefinite period and may be terminated monthly.

The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter

Section 10: User rights

10.1 Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

10.2 Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

10.3 Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

10.4 Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

10.5 Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

• for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost;

• for the supply of goods or Services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Owner and which may occur within the withdrawal period;

• for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

Section 11: Liability and indemnification

Australian Users

11.1 Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US USERS
11.2 Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

11.3 Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

11.4 Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Section 12: Common provisions

12.1 No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

12.2 Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

12.3 Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

12.4 Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

12.5 Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

12.6 Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

12.7 Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

12.8 Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

12.9 Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

12.10 US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

12.11 EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

12.12 Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

12.13 Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

12.14 Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

12.15 Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Section 13: Dispute resolution

13.1 Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

13.2 Amicable resolution of disputes between Users

Users may bring disputes with other Users resulting from their interaction via this Application to the Owner, who will then try to mediate the conflict in order to achieve an amicable solution. While Users’ right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

13.3 Termination/Access Restriction

pingo Inc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and pingo Inc as a result of this agreement or use of the Site. pingo Inc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of pingo Inc’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by pingo Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and pingo Inc with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and pingo Inc with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

13.4 Changes to Terms

pingo Inc reserves the right, in its sole discretion, to change the Terms under which www.findpingo.com is offered. The most current version of the Terms will supersede all previous versions. pingo Inc encourages you to periodically review the Terms to stay informed of our updates

13.5 Contact Us

pingo Inc welcomes your questions or comments regarding the Terms:

Pingo Inc. All Rights Reserved

_________________

Corpus Christi, Texas 78415

Email Address:

info@findpingo.com

Telephone number: 225.241.4959

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Effective as of August 31, 2022