By accessing or downloading or uploading materials from or to this web site or associated mobile applications (“Service”), you agree to follow and be bound by these terms of service and the associated Privacy Policy (“Terms”). These Terms may be updated at any time with no notice to you. The most recent version of these Terms is accessible at https://pantographapp.com/terms. Changes in the Service, including features and prices, may be made at any time without any notice. Such changes may include the modification or discontinuation of all or some of the Service, temporarily or permanently. You agree that the Pantograph Developers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any portion thereof. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages in the Service. The Service is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Service. BY CONTINUING TO USE THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Payments

If you choose to purchase a Pantograph Pro subscription, payment will be charged to your Apple ID account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

Conduct

You agree to not use the Service to: (a) upload, post, email, transmit, or otherwise make available any information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Pantograph official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (f) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or (i) intentionally or unintentionally violate any applicable local, state, national, or international law. You specifically agree not to access (or attempt to access) the Service or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service.

You acknowledge, consent, and agree that we may access, preserve, and disclose your User Data, Payment Method information, and other Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Pantograph, its users, and the public. Subject to this provision, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

The Service is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, the software, or Content available on the Service (other than Content that you may submit), in whole or in part.

We grant you a personal, non-transferable, and non-exclusive right and license to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the App.

Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

We reserve all rights not expressly granted in these Terms.

Liability and Indemnity

You agree to indemnify and hold Pantograph and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Pantograph reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Pantograph. Pantograph will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

If you provide Pantograph with any feedback or suggestions (“Feedback”) regarding the Service, you hereby assign to Pantograph all rights in such Feedback and agree that Pantograph shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Pantograph will treat any Feedback you provide as non-confidential and non-proprietary.

The Service is provided on an “as-is” and “as available” basis, and we and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers do not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of or inability to use the Service, even if we have been advised of the possibility of such damages. Access to and use of the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (USD$50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

General

These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Any rights not expressly granted herein are reserved.

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