Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND RELATED WEB PAGES, MOBILE APPS, SOFTWARE, APPLICATIONS, AND OTHER SERVICES. USING THESE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THESE SERVICES.

Use of Site. Silverberry Group authorizes you to view and/or download the materials at this Website (“Pingoo”, “Innovearn”, “Silverberry”) and other Silverberry Group’s  Websites that are linked to this site or affiliated with this site (collectively, the “Site”), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Pingoo EXCEPT: only for your personal, non-commercial use, including the evaluation of our software products, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any other purpose is prohibited.

Use of Software. If you download any applications, including software applications, or other software from this Site (“Software”), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Pingoo for the purposes of evaluation and/or use as set forth in the Terms of Use and any other applicable agreements, for example, a Software Sales Agreement. Neither title nor intellectual property rights are transferred to you, but remain with Pingoo, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on the Site and in the Software (Site and Software sometimes collectively referred to as “Services”) are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Pingoo or by other parties that have licensed their material to Pingoo. The Content of the Services is copyrighted and any unauthorized use of the Content of the Services may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on the Site and in the Software. By making these Marks available on the Site and in the Software, Pingoo is not granting you a license to use them in any fashion. Access to the Services does not confer upon you any license under any of Pingoo’s or any third party’s intellectual property rights. Use of Pingoo’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site and in the Software by users is restricted as set forth in the Terms of Use.

The various marks used in connection with the Services represent some of the marks currently owned or controlled by Pingoo or under license to Pingoo. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Pingoo worldwide proprietary ownership rights, and Pingoo may own or control other proprietary rights in one or more countries outside of the United States.

User Submissions. Pingoo does not solicit, but may accept, any product or process ideas, innovations suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to the Site and/or to Pingoo using the Services (together, the “Communications”) are assigned to, and will forever be the property of, Pingoo without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the Pingoo Privacy Policy any Communications will be considered non-confidential and non-proprietary. Pingoo will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Pingoo operations. Pingoo will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to Pingoo, you hereby grant Pingoo and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Pingoo is free to use any ideas, concepts, know-how or techniques that you send Pingoo for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called “moral rights” with respect to the Communication have been waived.

You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to Pingoo or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

User Forums or other Communication Networks. Pingoo may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, communication networks, text messaging (SMS and the like) networks, or other user forums, and the content of any such Communications. Pingoo also may, but is not obligated to, monitor communications between users who employ the Services to communicate with other users. Pingoo, is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications; however, Pingoo will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable. Pingoo may deny access to the Services to users who repeatedly violate these Terms of Use.

Your use of the Services results in your sending of various types of information to Pingoo. Pingoo’s handling of such information is governed by the Pingoo Privacy Policy to which you agree when you accept these Terms of Use. If you do not accept the Privacy Policy or these Terms of Use, do not use the Services. Pingoo reserves the right to disclose, read, access, and preserve any information received from you by your using the Services as Pingoo reasonably believes is necessary to (i) enforce these Terms of Use; (ii) prevent, deter, or defend against any type of fraud or misrepresentation; (iii) comply with applicable law; (iv) provide customer support; and (v) protect the property and other rights of Pingoo, its employees, and its consumers.

Links To Third Party Web Sites. The Services may provide links to other third party websites or resources. Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Pingoo has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Pingoo makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that Pingoo is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Pingoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Fees. Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees (“Fees”). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee.

By sending and receiving text messages, emails, and other communications using the Services, you agree that Pingoo is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.

Disclaimer. THE MATERIALS, INFORMATION AND SERVICES PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Pingoo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

Pingoo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE Pingoo MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Pingoo ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Pingoo. Pingoo UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

THE INFORMATION PRESENTED ON THE SITE OR BROADCAST FROM THE SITE WITH WEBSITE SOFTWARE BY Pingoo FROM Pingoo PUBLICATIONS, WRITINGS AND/OR THIRD PARTY BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.

Limitation of Liability. IN NO EVENT WILL Pingoo, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Pingoo’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Procedure for Making Claims of Copyright Infringement. Pingoo respects the intellectual property rights of others, and expects its users to do the same. Pingoo will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) www.copyright.gov/legislation/dmca.pdf. Any notifications of claimed copyright infringement must be sent to Silverberry Group. When notifying Silverberry of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

Applicable Laws. Pingoo from its offices within the Canada controls the Services. Pingoo makes no representation that the Content in the Services is appropriate or available for use in locations other than the Canada and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the Province of Ontario, Canada. By using the Services, and agreeing to the Terms of Use, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the Province of Ontario laws.

Termination. Pingoo, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Pingoo believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of the Services, whether in printed or software format.

Cancellation. Service cancellation requires one (1) month advance notice prior to the end of the month as Pingoo billing cycles are the beginning of each month.

Notices. Notices to you may be made via either email or regular mail. Pingoo may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Privacy. Pingoo recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children under the age of 13 may visit this Site only with parental permission.

Revisions. Pingoo may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at the Site may be out of date, and Pingoo makes no commitment to update the materials and services at this Site.

Additional Terms. Certain items or programs offered by the Site, whether by Pingoo or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. Pingoo’s failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Pingoo’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Pingoo nor the reliance of any person on Pingoo’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of Pingoo may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

In-App Purchase Terms of User

By using Pingoo In-App Purchase, you agree to license the Pingoo Application and the content in it as per the following terms:

Definitions:

Licensed Application and Content: Pingoo App
You, End-User
Silverberry Group, or Silverberry, or Company, Or Pingoo
Apple: Apple Inc.

1. Acknowledgement: This is an agreement solely between Silverberry and You, the End-User. This is NOT an agreement between you and Apple. This includes the Licensed Application and the content thereof.

2. Scope of License: The license granted to you for the Licensed Application. The license is non-transferable and is meant to use the Licensed Application on any Apple-branded products that you own or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3. Maintenance and Support: Support for the application is provided by Pingoo. Pingoo is solely responsible for providing any maintenance and support services with respect to the Licensed Application,  or as required under applicable law. We (Pingoo) and You, the End-User, acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty: Pingoo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

5. Product Claims: Pingoo and you, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Licensed Application’s use of the HealthKit and HomeKit frameworks.

6. Intellectual Property Rights: In the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringe that third party’s intellectual property rights, Silverberry, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You represent and warrant that (i) You are not 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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Any complaints or claims with respect to the Licensed Application should be directed to one of the following addresses:

Address: Silverberry Group Inc. 410-225 Duncan Mill Road, North York, ON, Canada M3B 3H9

Website: https://pingoo.app/support

Phone: US Customers: 1-800-552-4730

International Phone Number: +1 (415) 949-6257

Email: support@pingoo.app

9. Third Party Terms of Agreement: You comply with applicable third-party terms of agreement when using the Pingoo Application.

10. Third-Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

11. Payment, Subscription, Renewals: Payment is charged to your iTunes account, Your subscription renews automatically unless canceled 24 hours before the current period ends. You will not be able to cancel the subscription once activated. Manage your subscription in your account settings. The unused portion of your free trial gets fortified when you purchase a subscription.

12. Learn and Earn terms. Pingoo announces a program from time to time to provide prizes to the users who take a topic and successfully complete it. Prizes can be in the form of payment or credit to take other premium topics. How to participate: You take a premium topic that has a one-time fee (you see the premium topic label on it). Each topic has one or multiple  “Contest”s, which means you will receive a notification that you can take the topic and if you complete it successfully, you can not only get your money back, you can earn money too. Participation in contests has a deadline that is set for each topic and contest. Criteria to win the prize will be announced per contest. For instance, the top 10 users who complete the topic by the deadline by a higher score or percentage completed will receive 10 times the fee they have paid for the topic. Winners are announced at the end of each Contest. Each winner must provide a PayPal account to receive their prize. Winners will be responsible to report their prizes for tax purposes and Silverberry Group will provide a Financial Statement confirming the payment. Winners must be living in eligible countries to receive payments and be in compliance with local and international laws. Residents of the countries that are sanctioned by the US Department of Commerce are excluded from participation in the contests. 

By using the application and Agreeing with this EULA, you also agree with Silverberry Terms of Use (https://pingoo.app/terms-of-use/)

© Copyright 2021 Silverberry Group Inc. All Rights Reserved.