These Terms of Use ("Terms") govern your access to and use of the websites (including www.joinpidgin.com), mobile applications, and related services (collectively, the "Services") provided by Pidgin ("Company," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. By agreeing to these Terms, you waive your right to a jury trial and to participate in class actions. Arbitration is mandatory unless you timely opt out as described in Section 9.
1. Who May Use the Services
You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, your parent or legal guardian must accept these Terms on your behalf.
You represent and warrant that:
- You meet the eligibility requirements;
- Your use complies with applicable laws, including U.S. export laws.
Children under 13 are not permitted to use the Services.
2. User Accounts
You may be required to create an account. You agree to provide accurate and current information and to maintain the confidentiality of your credentials.
You are solely responsible for all activity under your account. We are not responsible for unauthorized access caused by your failure to safeguard credentials.
Notify us immediately at support@joinpidgin.com if you suspect unauthorized use.
3. Privacy Policy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share personal information. The Privacy Policy is incorporated by reference and available at:
https://joinpidgin.com/privacy.html
4. License Grant and Restrictions
License Grant. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use, subject to these Terms.
Restrictions. You may not, directly or indirectly:
- Copy, modify, distribute, sell, or exploit any part of the Services;
- Reverse engineer, decompile, or disassemble the Services;
- Use bots, scrapers, or automated tools;
- Interfere with security or system integrity;
- Upload malicious code;
- Use the Services unlawfully, fraudulently, or abusively;
- Infringe intellectual property or privacy rights;
- Access the Services in any unauthorized manner.
We may suspend or terminate access for violations.
5. Ownership
The Services and all associated intellectual property are owned by the Company or its licensors.
Feedback. Any feedback you provide becomes our exclusive property, with no obligation to compensate you.
6. Mobile Services and App Stores
The Services may be accessed through mobile devices. Carrier fees may apply.
Apple-Enabled Software. If you download our app from Apple's App Store:
- These Terms are between you and the Company, not Apple;
- Apple has no obligation to provide support;
- Apple is not responsible for claims relating to the app;
- Apple is a third-party beneficiary of these Terms.
7. Third-Party Services
We may link to or integrate third-party services. We are not responsible for third-party content, accuracy, or practices.
8. Disclaimers, Limitation of Liability, and Indemnification
Disclaimers. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
WE ARE NOT RESPONSIBLE FOR USER CONDUCT, USER CONTENT, OR INTERACTIONS BETWEEN USERS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR EMOTIONAL DISTRESS.
- THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICES DURING THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- IF YOU PAID NOTHING DURING THAT PERIOD, THE COMPANY SHALL HAVE NO MONETARY LIABILITY TO YOU.
Some jurisdictions do not allow certain limitations; liability will be limited to the maximum extent permitted by law.
Indemnification. You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:
- Your use of the Services;
- Your violation of these Terms or applicable law;
- Your infringement of third-party rights;
- Your content or conduct;
- Your negligence or willful misconduct.
9. Arbitration and Class Action Waiver
Informal Resolution. Before arbitration, you agree to attempt good-faith resolution by contacting support@joinpidgin.com.
Binding Arbitration. Any dispute shall be resolved by final and binding arbitration administered by JAMS, conducted individually, not as a class action. You waive the right to a jury trial.
Costs and Fees. Arbitration costs and attorneys' fees shall be allocated by the arbitrator under applicable law. The prevailing party shall be entitled to recover reasonable attorneys' fees, arbitration fees, and costs from the non-prevailing party. The Company does not advance or subsidize user costs.
Opt-Out. You may opt out of arbitration by emailing support@joinpidgin.com within 30 days of account creation. If you opt out, both parties waive arbitration.
10. Additional Provisions
Termination. We may suspend or terminate your account at any time for any reason.
Injunctive Relief. We may seek equitable relief for breaches causing irreparable harm.
California Residents. Pursuant to Cal. Civ. Code ยง1789.3, complaints may be directed to the California Department of Consumer Affairs, Complaint Assistance Unit, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Export Compliance. You agree to comply with U.S. export laws.
Assignment. We may assign these Terms freely. You may not assign without consent.
Governing Law. These Terms are governed by California law, without regard to conflict-of-law rules.
Severability. Invalid provisions will not affect the remainder.
11. Contact Information
Email: support@joinpidgin.com