PulpoAR provides visitors (each, the “Visitor“, “you” or “your“) an informative platform that enables them to access the Website, get to know PulpoAR and the services offered by PulpoAR, access Solution offerings, Solutions’ pricing and request demos.
- Changes to the Terms
We reserve the right to withdraw or amend PulpoAR Platform, and any Solution or material we provide on the PulpoAR Platform, at our sole discretion and without any notice.
We will notify you through the Website at least 30 (thirty) days before the date on which the amendments enter into force. If you do not agree to the change of these Terms, you may terminate these Terms immediately by discontinuing to access and visit the PulpoAR Platform. If you continue to access or visit the PulpoAR Platform after any update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools to be added to the PulpoAR Platform.
The up-to-date version of these Terms can be accessed here at any time. It is in your best interest to regularly check the Terms for any updates or modifications that might affect you. PulpoAR reserves the right to update and modify these Terms by providing the Visitors with notice of updates and modifications.
We will not be liable for any reasons if all or any part of the PulpoAR Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the PulpoAR Platform to Visitors.
The terms below shall be understood as follows within the context of herein Terms.
|Customers||Any person that have signed a cooperation agreement with PulpoAR and use the Solutions|
|Demo||The right granted to a potential customer to use the Solutions for a limited time and under a limited license, in line with the demo request|
|Force Majeure Event||Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country tied with the operations of PulpoAR, or any other event beyond realistic control of the non-performing Party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, virus, pandemic or other malicious software attacks, given that any relevant default or delay could not be avoided nor prevented|
|Intellectual Property Rights||Registered or unregistered, registerable, or un-registrable all intellectual and industrial property rights in whole or in part, anywhere in the world, and herein including without limitation copyright, trade secrets, know-how, business names, trademarks, service marks, and patents|
|Partnership Program||PulpoAR’s partnership program that allows third parties to sign a partnership agreement with PulpoAR and become one of PulpoAR’s partners for marketing, promotion and sale of the Solutions in return of a commission fee|
|PulpoAR Platform||The Website where the Visitor may access details of the Solutions (e.g., format, scope, pricing etc.), customers, partners, supporters as well as news, blogs and success stories, or request demos and apply for the Partnership Program. In addition, the Visitors may experience the AR Solutions through the Website by using the “Try Now” feature|
|Pricing||Pricing and feature coverages of the Solutions offered by PulpoAR|
|Solutions||Facial makeup, nail polish, hair color, skin diagnostics and business analytics solutions offered by PulpoAR through using augmented reality, artificial intelligence technology and various metrics|
|Try Now||The feature enables the Visitor to try the Solutions instantly by a live camera, photograph or model|
|Update||Periodic or one-time update or minor improvement to the PulpoAR Platform|
|Visitor||Any person who accesses to the PulpoAR Platform|
- Scope and Use of PulpoAR Platform
PulpoAR Platform allows the Visitors to be informed about the Solutions offered by PulpoAR, their presentation formats, and technical details, where the Visitors may try PulpoAR’s Solutions instantly and request demos. It is also a platform where they may get to know PulpoAR brand (including its partners, customers and supporters) and its Solutions through blogs, news and success stories shared by PulpoAR. The Visitors may also view open job positions at PulpoAR, apply for or refer any person to such positions or share them through social media. Furthermore, the Visitors may apply for PulpoAR Partnership Program to become a PulpoAR partner based on the terms and conditions announced on the PulpoAR Platform and their further negotiations with PulpoAR.
To the extent practicable, foregoing features will be considered valid and effective for both individual and legal person Visitors. However, if an individual carries out transactions on behalf of any legal person, such person will be deemed authorized.
PulpoAR disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the PulpoAR Platform (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. PulpoAR assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the PulpoAR Platform, you expressly relieve and hold PulpoAR harmless from any and all liabilities arising from the Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (“GDPR”) introduced by the European Union for Visitors subject to such legislations.
Pricing section on the PulpoAR Platform sets forth package prices and scopes of the Solutions provided by PulpoAR. Package levels and pricing may vary depending on the type and scope of the Solution, level of customization and platform which the Solution will be integrated. Pricing in the relevant section is presented with the aim of setting a precedent for Visitors with potential customer qualifications. PulpoAR reserves the right to change package scopes, pricing and discounts without notice.
Potential customers willing to benefit from any Solution offered by PulpoAR should contact PulpoAR through using any channel stipulated under the “Contact” section and sign a cooperation agreement with PulpoAR to be shared in line with the conditions of such deal.
It should be noted that the pricing on the PulpoAR Platform is not a commercially binding offer. For this reason, PulpoAR reserves the right to change pricing by considering demands of the potential customer, scope and requirements of each agreement. The potential customer will not be entitled to claim any rights or receivables from PulpoAR based on the pricing list announced on the PulpoAR Platform.
In case any Visitor requests a demo of any Solutions, PulpoAR will provide a demo of the relevant Solution for a limited period of time and licence. The demo provided by PulpoAR will be free of charge. For the avoidance of any doubt, PulpoAR does not undertake to provide demos to all Visitors who request demos. Evaluation of demo requests and provision of demos is at PulpoAR’s sole discretion. PulpoAR reserves the right, at its sole discretion, to withdraw or modify the demo at any time without prior notice and with no liability, to the greatest extent permitted under the law.
Following the evaluation of the Visitor’s demo request, PulpoAR shall contact the Visitor regarding the request. However, requirements regarding use, duration and features of the demo will be separately notified to the Visitor by PulpoAR.
After the expiry of the specified demo period, the access provided to the Visitor will be restricted by PulpoAR and any Visitor willing to continue using PulpoAR’s Solutions has to sign a cooperation agreement with PulpoAR.
- PulpoAR Platform and Solution License
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the PulpoAR Solutions only as provided herein, subject only to these Terms and not for redistribution of any kind (the “License“).
Therefore, the License means only a limited, non-exclusive use license both within the scope of this agreement and the communications established by you and PulpoAR. All objections made or to be made by you in this regard will be deemed invalid and otherwise will constitute breach of PulpoAR’s intellectual property rights.
For the avoidance of any doubt; (i) the Solutions, (ii) any other content, material, information, text, data, copyright, trademark, logo, design, emblem, image, photo, music, screenshots, videos, chats, posts, identifying marks, pages, software and other original authorship and/or intellectual and industrial property, content uploaded by PulpoAR on the PulpoAR Platform ( hereinafter referred to as the “PulpoAR Platform Content” collectively) are and will remain the sole and exclusive property of PulpoAR.
We retain all rights, titles, and interests in and to the PulpoAR Platform, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the PulpoAR Platform, (iii) all other materials and content uploaded or incorporated into the PulpoAR Platform, (iv) all associated trade secrets and other intellectual and industrial property and proprietary rights recognized anywhere in the world (hereinafter referred to as the “PulpoAR IP and Proprietary Rights” collectively).
PulpoAR IP and Proprietary Rights are protected in all forms, media, and technologies whether currently known or to be developed hereinafter. PulpoAR owns all PulpoAR IP and Proprietary Rights, as well as the coordination, selection, arrangement, and enhancement of such PulpoAR IP and Proprietary Rights as a Collective Work under the U.S. Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the PulpoAR Platform is accessed, and all rights and contents on the PulpoAR Platform, and relevant software are expressly reserved. The PulpoAR IP and Proprietary Rights are protected by the domestic and international laws of copyright, patents, and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the PulpoAR Platform are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the PulpoAR.
Violation of the License may result in infringement of intellectual property and contractual rights of PulpoAR, and the Visitors of PulpoAR Platform or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
- Data Protection and Privacy
PulpoAR hereby represents and warrants compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Visitors for effective use of the Solutions (hereinafter referred to as the “Rules” collectively).
Rules include without limitation (i) United States’ federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) introduced by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation enacted by the relevant data protection authorities, and any amendments and changes thereof.
Publicly Available Content
Neither personal data provided by the Visitors to PulpoAR through the PulpoAR Platform and/or disclosed to PulpoAR shall not be published and appeared publicly.
Private content provided by the Visitors shall remain private and will not be shared with any third parties or accessed by PulpoAR without the Visitor’s explicit consent pursuant to the Rules.
- Prohibited Uses
The Visitor is not allowed to use the Demo (or any part thereof) to (i) breach any international, federal or local legislations, regulations, rules or ordinances; (ii) infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (iii) upload or transmit from the Demo any data, files, software or link containing or redirecting to a virus, or other harmful elements that can be reasonably classified as a malware; (iv) submitting false or misleading information; (v) spam, phish, pharm, pretext, bot, crawl or scrape for any scandalous, obscene or immoral purpose; (vi) interfere with or circumvent the safety measures of the Demo or the Website; (vii) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Demo; or (ix) access the Demo for the purpose of creating a competitive product or Solution or copy any ideas, features, functions, or graphics of the Demo, in addition to any provisions set forth in these Terms.
The Visitors are solely responsible for any content they provide through the PulpoAR Platform. The Visitors acknowledge and agree that PulpoAR is not responsible for filtering or moderating such content. The Visitors agree to indemnify PulpoAR from any claim and/or damage alleged due to the content they provide to or through the PulpoAR Platform.
- Representations and Warranties
BY ACCESSING AND USING THE PULPOAR PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO ACCESS AND USE THE PULPOAR PLATFORM IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS, AND THAT YOU WILL SO ABIDE.
Each party hereby represents and warrants to the other party that, (i) such party has the necessary power and authority to be bound by these Terms; (ii) the compliance with these Terms and fulfillment of its obligations hereunder do not and will not, to the best of each party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
PulpoAR hereby represents and warrants to the Visitor that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to provide the Solutions hereunder; (ii) it is the sole proprietor of the PulpoAR Platform and its Intellectual Property Rights (to the extend stipulated in these Terms) and has complete legal rights, licenses, and authority to provide the Visitor with the Solutions as stipulated herein; (iii) the Solutions and the PulpoAR Platform shall comply with all relevant legislations and regulations when used by the Visitor in accordance with these Terms.
- Disclaimer of Warranties
Except as expressly set forth herein, PulpoAR does not warrant, or make any representations regarding (i) the quality of any services, information, or other material acquired or obtained by the Visitor through the PulpoAR Platform or the Solutions, that the Solution will meet its expectations, or that any faults in the Solutions will be amended; and (ii) the Solutions provided will be on an uninterrupted, secure or error-free basis. The Solutions and the PulpoAR Platform (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. PulpoAR makes no representations concerning the benefits or outcomes obtained from the PulpoAR Platform and/or the Solution by the Visitor or any third party.
The Solutions may become inaccessible, or not function properly with the Visitors’ web browser, mobile device, and/or operating system. PulpoAR cannot be held liable for any perceived or actual damages arising from the content, operation, or use of such Solution.
United States 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 Visitors. This Agreement gives Visitors specific legal rights, and Visitors may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
- Limitation of Liability
If PulpoAR’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Customer, or its agents, consultants, or employees, PulpoAR shall not be deemed in breach of its obligations under these Terms.
In no event will PulpoAR, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the PulpoAR Platform, any websites linked to it and any content on the PulpoAR Platform or such other websites or any Solutions or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, and including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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 PulpoAR has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore above limitations or exclusions may not apply to the Visitor. These Terms give Visitor specific legal rights, and Visitor may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law.
The Visitor shall defend, indemnify, and hold harmless PulpoAR and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from, and against all costs, damages, and losses, including legal expenses, resulting from any claim by third parties that, (i) the Visitor’s, without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the Visitor has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iii) these Terms or any of the Visitor’s representations, warranties, and/or responsibilities herein are breached or presumedly infringed by the Visitor.
Furthermore, your use of the PulpoAR Platform and the Solutions, may be subject to international and regional laws, restrictions, and regulations that may govern the import, export, and use of such. You agree to comply with all the laws, restrictions, and regulations and hold PulpoAR harmless from any claims, proceedings, damages or statutory fines in this regard.
Your use of the PulpoAR Platform and the Solutions may also be subject to economic or financial sanctions laws, measures or embargoes administered or enforced by the United States, the European Union or any other relevant governmental authority of other states. You agree to comply with all the laws, restrictions, and regulations and hold PulpoAR harmless from any claims, proceedings, damages or statutory fines in this regard.
- Unlawful Activity and Termination of Access to PulpoAR Platform
PulpoAR reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Visitors’ e-mail addresses, usage history, contents, IP addresses, and traffic information.
PulpoAR may terminate these Terms immediately in its sole discretion without notice or liability to the Visitor, suspend or terminate your use of, or access to the PulpoAR Platform, at any time for any reason, including without limitation, if it is reasonably believed in good faith that the Visitor has violated or acted inconsistently with these Terms or any applicable law or that the Visitor has engaged in conduct that we determine to be inappropriate or unacceptable.
PulpoAR may terminate use of the PulpoAR Platform, or remove and discard any communication transmitted by you, or information stored, sent, or received via the PulpoAR Platform without prior notice and for any reason, including but not limited to (i) any other access or use of the PulpoAR Platform except as expressly provided in these Terms, (ii) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of the PulpoAR Platform, (iii) tampering with or alteration of any software and/or data files contained in, or accessed through, the PulpoAR Platform.
The Visitor may terminate these Terms at any time by discontinuing access to the PulpoAR Platform. However, certain sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated under the “Following Termination” section.
- Following Termination
Upon expiry or termination of these Terms for any reasons, (i) the Visitor’s all rights arising from previous performance of the Solutions shall be terminated instantly.
The following clauses shall survive the expiry or termination of these Terms: “Definitions”, “PulpoAR Platform and Solution Licence”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to PulpoAR Platform”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”. Except for such clauses, all commitments of both parties under these Terms shall cease to be fulfilled.
- Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the laws of the State of Delaware, without giving effect to the principles of conflict of laws relevant to agreements to be executed completely within the United States.
Each Party irrevocably submits to the exclusive jurisdiction of the State and Federal Courts in Delaware for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing party shall be allowed to recover from the other party the reasonable fees for its attorneys in relation to any other grant of court compensation.
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only and shall in no way influence or render any other part of these Terms unlawful, void, or otherwise unenforceable and shall generally be reformed, construed, and implemented in such a way that the intent of the parties as conveyed in these Terms to its nearest lawful effect.
The fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable in any jurisdiction, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
- Miscellaneous Provisions
The headings used in these Terms are for reference reasons only and do not influence the interpretation and understanding of these Terms.
PulpoAR’s failure to claim 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.
To ensure the utmost possible service level, PulpoAR reserves the right to interrupt PulpoAR Platform and the Solution for maintenance, system updates or any other changes, through informing the Visitors appropriately.
To the extent permitted by the relevant legislation, PulpoAR may also decide to suspend or terminate the Solutions completely and altogether. If the Solutions and any relevant use is terminated, PulpoAR will cooperate with the Visitors to enable them to withdraw personal data or information in accordance with the applicable law.
Additionally, the Solutions might not be available due to reasons beyond PulpoAR’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
This Terms is not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, these Terms shall be construed as if collectively approved by the parties and no presumption or burden of proof shall be required in favor or disadvantage of either party by virtue of the authorship of any of the clauses under these Terms.
Without prior written approval of PulpoAR, these Terms or any rights conferred thereunder may not be transferred and delegated by the Visitors. Any attempt to grant any rights, liabilities, or responsibilities arising from these Terms without such approval, shall be null and void ab initio.
PulpoAR reserves the right to transfer, assign, dispose by novation, or subcontract any or all rights or obligations under these Terms, by taking the Visitor’s legitimate interests into account. Provisions regarding change of these Terms are reserved.
These Terms constitute the entire agreement between the parties on the subject matter of thereunder and supersede any and all existing or prior written or oral agreements and/or communications relating to the subject matter of these Terms.
None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations if a Force Majeure Event prevents them from doing so.
The PulpoAR Platform may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, content or services (including external websites that are framed by the PulpoAR Platform as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn commission if/when you click on or make purchases via) that are not owned or controlled by PulpoAR (hereinafter referred to as “Third-Party Services” collectively).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that PulpoAR is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, it is expected from you to notify PulpoAR. The inclusion of any Third-Party Services does not imply any association between PulpoAR and such operators.
By using the PulpoAR Platform, you expressly relieve and hold PulpoAR harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as the result of the presence of such Third-Party Services on the PulpoAR Platform or the failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
By accepting these Terms, you agree that the PulpoAR Platform may include content provided by third parties, including materials provided by other visitors, bloggers, and third-party service providers. All statements and/or opinions expressed in such materials, all articles and other content, other than the content provided by PulpoAR, are solely the opinions, and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PulpoAR.
You acknowledge and agree that you assume all liability and responsibility of any damage to you or any third party arising from the use or reliance on any content, advertisement, product provided by third parties.
Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a body corporate, partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
The Visitor recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on its provisions before acknowledging them.
- Contact Information
If you have any questions or complaints about these Terms, please contact us at [email protected] or any other channel under the “Contact” section on the PulpoAR Platform.