Terms And Conditions – Pear

Terms And Conditions

Last Updated 6 November 2016

Please Read These Terms and Conditions Carefully

By downloading our Application (“App”) you agree to these Terms. If you do not agree
to these Terms, please do not download our App. Once downloaded you are bound by these Terms.

1. Who we are?

We are Algorithmic Matching LTD a, company registered in England and Wales with company number 10191934. Pear is our App and belongs to our Company. When referring to Pear in these Terms we refer to the company Algorithmic Matching LTD.

2. Account

In order to use the App, you need to register and create an account. This can be done through Facebook or using an email address and then filling out a number of compulsory fields.

You must be 18 or over to accept these Terms and download the App and be legally permitted to use the App enforced by the laws of your domiciled country. You can terminate your account with Pear at any time. The procedure is really simple, and all you have to do is to click “Delete Account” in the settings page of the App. We may end your rights to use our App at any time without notice. If you have paid for Premium Services, no refund will be made.

2. Purchases

The App may offer additional products, services and enhancements for purchase through the Apple App Store, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”). If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.).

In-App Purchases may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for In-App Purchases made on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Purchase for a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account. Please note that you will be billed continuously for the subscription until you cancel in accordance with your Mobile Platform Account’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through such Third-Party Stores. We encourage you to review the terms and conditions of the applicable Third Party Store before you make any In-App Purchases.

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

We are not responsible for events outside our control. If our provision of the App is delayed or interrupted by an event outside our control, then we will take steps to minimise the effect of the delay but we are not liable for them and we do not provide refunds for Services you have paid for but not received.

3. Third Party Services

The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access the App. Please be aware that you will also be controlled by any rules and policies enforced by these Third-Party Platforms.

By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third-Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked and approved their content or their privacy policies.

4. Content and Acceptable Use Restrictions

You must NOT:

  • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or which particularly contains any spyware, adware, viruses, corrupt files, worn programs or other malicious code designed to damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from our App or otherwise; and
  • collect or harvest any information or data from our systems, or API, or attempt to decipher any transmissions to or from the servers running any Service;
  • use language which could be deemed offensive, or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • be abusive, insulting or threatening, promotes or encourage racism, sexism, hatred, bigotry or fanaticism of any sort;
  • encourage any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • relate the App or our Services to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers) or use them for any commercial purpose;
  • not use the App for the transmission of “junk” mail or “spam”;
  • use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats
  • show or distribute the content owned or created by other users without that person’s consent; or
  • incorporates the image or likeness of any individual under 18 years of age.

Please, be aware of the content you choose to send via the App because you are solely responsible for, and bear all liability in relation to, such content. We operate a zero-tolerance policy for any type of content that is part of the list stated above. There is a reporting system built in the App that allows users to report infringing users. You can also always contact us at support@pear.me. Any individual violating the above terms will have the account terminated and, if applicable, will be reported to the relevant Authorities.

5.Your Personal Information

We only use your personal data collected through your use of the App in the ways set out in our Privacy Policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send via our App may be read or intercepted by others even if there is a special notice that a particular transmission is encrypted.

Please, be aware that you are responsible for the personal information you decide to publicly post, and you will indemnify, defend, release, and hold us harmless for any claims made in connection with the content you share. Being part of Pear means being part of a public community, so make sure you are comfortable with what you share because it will be instantly visible to the other users.

We suggest you do not display any type of personal contact or banking information in your profile page whether it belongs to you or any other person, these include: home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details. If you choose to reveal any personal information it is at your own risk.

You should not give other people your login details as this jeopardizes the security of the content and personal information you submit to us.

It is our standard practice that when the account is deleted, then all the personal information of the user of that account is also permanently deleted.

However, by uploading or sending content to Pear, you represent and warrant to us that you have all necessary rights and license to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of the content at any time, and we have no obligation to display or review such content.

7.The rest of the content on the App

The rest of the content belongs to Pear. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the app are owned, controlled or licensed by Pear and are protected by copyright, trademark and other intellectual property law rights. All intellectual property rights in the App throughout the World belong to us and you have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

The subscription to the App guarantees a limited, non-exclusive, personal, non-transferable, revocable, license to access and use all the Content, without the right to sublicense. Without an agreement with us, (i) you may not use, sell, modify or distribute the Content of the App, except as permitted by its functionality; (ii) you may not create derivative works from our Content, or commercially exploit it, in whole or in part, in any way; and (iii) you may use our Content for lawful purpose only. Pear reserves all other rights.

8.Interaction with other users

Pear currently does not conduct criminal background checks or screenings on its users. Pear does not inquire into the background of all of its users or attempt to verify yours, or other users, statements. We do not make representations or warranties as to the conduct of other users or their compatibility with any current or future users. We reserve the right to conduct any criminal background check, or other screenings (such as sex offender register searches) at any time and using available public records. You are solely responsible for your interactions with other users.

9. Notifications

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or our services, such as enhancements, offers, products, events, and other promotions.

After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request support@pear.me

10. Disclaimer

Pear cannot be held responsible for any liability incurred by its users occurring from the use of our App, its services or this terms and conditions. These include, without limitation, any changes, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by an electronic virus, loss of income or profit, loss or damage of property, wasted management or office time, breach of contract to claims of third parties or other losses of any kind or character, even if Pear has been advised of the possibility of such damages or losses, arising out of, or in connection with the use of Pear.

This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labour problems or any act of god in connection with Pear including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Pear also excludes all conditions, representations, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

Pear is not responsible for the conduct of any user and expressly disclaims any liability for the Content uploaded by them. In no event, shall Pear, its partners or its affiliates, be liable for any loss or damages arising from or relating to the conduct of you or anyone else in connection with the use of the service including, death, bodily injury, emotional distress and/or any other damages resulting from communications or meetings with other users or servers met through the app.

We are not liable for business losses. The App is for domestic and private use only. If you use the App for any commercial, business or resale purpose you are violating these Terms and we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the Terms limits or excludes our liability for: (i) death or personal injury caused by our proven negligence; or (ii) any liability that cannot be limited or excluded by law.

11. Indemnity

You agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with (i) your access to and use of Pear, (ii) the uploading or submission of Content to Pear by you, (iii) any negligent acts, omissions or wilful misconduct by you or the violation of any law or of any rights of a third party, and/or (iv) any violation of these Terms.

Pear retains the exclusive right to settle, compromise and pay any and all Claims or causes of action that are brought against us without your prior consent.

12. Miscellaneous

Pear has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Pear and provides that information is on an “as is”, “as available” basis. Pear does not give or make any warranty or representation of any kind about the information contained on Pear, whether express or implied. Use of Pear and the materials available on it is at your sole risk. Pear cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Pear is free of viruses or other harmful components. You accept that Pear will not be provided uninterrupted or error free, that defects may not be corrected or that Pear, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Pear is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or another malfunction.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

13. Change of Terms

We reserve the right to modify, amend or change the Terms at any time (a “change”). If we do this, then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

Your continued use of Pear following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Pear immediately.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of Pear and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.

14. Applicable Law and Jurisdiction

The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. In the event that there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.