TERMS AND CONDITIONS
PLEASE READ THIS TEXT CAREFULLY BEFORE USING THE SOFTWARE OR ANY OF THE SERVICES OFFERED ON THESE PAGES.
1) COPYRIGHT AND LICENSE
Single User License Grant: Panda Software Solutions Pte. Ltd. and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the application software ("Software") PandaTalk solely on COMMUNICATION DEVICES owned or leased by Customer.
Enterprise License Grant: Panda Software Solutions Pte. Ltd. and its suppliers may also grant to Customer ("Customer") a nonexclusive and nontransferable license to use the ("Software") (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single server for use over a network for the services laid out elsewhere in this document. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee and (ii) for which Customer has received an authorization.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of the application software, constitute trade secrets and/or copyrighted material of Panda Software Solutions Pte. Ltd. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Panda Software Solutions Pte. Ltd. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL PANDATALK OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PANDATALK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall the liability Panda Software Solutions Pte. Ltd. or its suppliers to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer in case of an enterprise license. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
This License is effective until terminated. Customer may terminate this License at any time by deleting all copies of the PandaTalk Software.
This License shall be governed by and construed in accordance with international law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software and Services.
3) SCOPE OF SERVICE
Panda Software Solutions Pte. Ltd. provides the following services through their software.
- Text messaging
- File exchange
- Audio and video chat
- Digital Currency wallet (“PandaTalk Wallet”)
- Landline and mobile phone calls
The following applies to all versions and services.
Panda Software Solutions Pte. Ltd. provides a best effort service. No guarantee is given or can be inferred as to any of the following.
- Delivery of messages or documents. Panda Software Solutions Pte. Ltd. will try to deliver a message or document to the intended receiver, but cannot be held responsible, if the message or document is not deliverable for any reason or corrupted during transit.
- Server up-time and connectivity. The PandaTalk servers are hosted in data centers around the world, operated by our hosting providers. Any server outages coming from their failure to meet their responsibilities cannot be made into claims of any kind against Panda Software Solutions Pte. Ltd.
The software and services are provided "as is". There is no right on the side of the customer to demand any additional or changes in existing features.
4) TERMINATION OF SERVICE
Panda Software Solutions Pte. Ltd. reserves the right to terminate the service at any given time. Purchase of one or multiple licenses does only entitle the customer to any guaranteed period of service.
Due to the nature of the service as being completely anonymous, Panda Software Solutions Pte. Ltd. will not be able to notify users directly of an impending termination of service. Panda Software Solutions Pte. Ltd. will, however, announce a termination of service four weeks in advance on the company website at www.pandasoftwaresolutions.com.
This does not apply to enterprise customers who chose to run their own PandaTalk server. They may continue to use the service as long as they want. However, unless otherwise contractually agreed upon, Panda Software Solutions Pte. Ltd. is not required to provide any kind of support after the service has been terminated.
5) USER RESPONSIBILITY
Users of this service warrant that under no circumstance shall Panda Software Solutions Pte. Ltd. software be used for subversive, illegal or any other misuse which may be construed in the country of usage as being against sovereign law of that country or in any way detrimental to the purpose of use of this software.
5.1) Digital Currency Wallet
The Software has an integrated Digital Currency wallet that allows users to store, track, manage, and transfer supported digital currencies, such as Bitcoin. Panda Software Solutions Pte. Ltd. does not and cannot guarantee the identity of the receiver or other party. The responsibility to verify transaction details is solely that of the Customer.
Panda Software Solutions Pte. Ltd. is in no way liable to any loss resulting from using or failing to use the wallet features in any way. The customer is advised to make frequent backups of the wallet contents with the corresponding features provided by the software, and store this backup in a secure location.
5.2) Credit purchase for land line and mobile calls
The Software has in-app purchases that allow the Customer to purchase “credits” which can be used to make calls to land line and mobile phones in many countries. Panda Software Solutions Pte. Ltd. is not liable for the loss or misuse of purchased credits in any way. Once purchased, credits are stored on the phone and hence the sole responsibility of the Customer.
Call rates may vary depending on many end-point variables including, but not limited to, country code, area code, and landline vs mobile subscriber. On occasion, call rates may be amended without notice to the Customer. Current call rates are available for viewing at: https://www.pandatalkapp.com/callrates. Rates should be checked before making calls. When fractional call minutes or cent charges are present, they will be rounded up to the nearest applicable unit.
Please also note that the purchase of “credits” does not impact Section 4 in any way.
In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with international Mediation Rules; both parties will cooperate in good faith to find a suitable mediator.