Terms of Use

Hello. Welcome to Pilcro

Pilcro is smart brand management software made for G-Suite. We provide instant access to your brand assets. Access your brand assets instantly to use them in your work, saving time and promoting brand consistency.

Please read these terms and conditions of use (the “Terms”) carefully prior to use of Pilcro as they are a legally binding contract.

These Terms apply to our website (which can be located at www.pilcro.com (the “Website”)), the downloading and use by you of the Pilcro desktop mac app and any other related service that is provided from the Website (including from https://artboard.pilcro.com) (the “Service”) and any other ancillary services or correspondence between us and you. The Services and the Website shall together be referred to as "Pilcro".

Use of the Website by you indicates that you accept these Terms which are binding on you regardless of whether or not you choose to register as a user to use the Services. If you do not accept these Terms, then you may not use the Website.

By clicking "I accept" you accept these Terms which are binding on you. If you do not accept these Terms, then you may not use the Services.

These Terms are issued by Pilcro – Take the Pen Limited, a private limited company registered in England with number 10748525 whose registered office is at Unit 2.01, 62 Shoreditch High Street, Shoreditch High Street, London, United Kingdom, E1 6JJ (the “Company” or “we”).

1. GENERAL

1.1 In consideration of the payment by you (where applicable) of the fees as set out on our Website at https://www.pilcro.com/pricing and the acceptance by you of these terms, we grant you access to use Pilcro on the terms set out in this document.

1.2 By using Pilcro, you are deemed to have accepted these Terms and to comply with them. If you do not agree to these Terms, you must not use Pilcro. We recommend that you print a copy of these Terms for future reference.

1.3 We may amend these Terms from time to time. Every time you wish to use Pilcro, please check these terms to ensure you understand the Terms that apply at that time.

1.4 If the Company makes any amendments, modifications or changes to Pilcro from time to time, such changes shall be subject to these Terms.

1.5 These Terms shall apply immediately from your first use of the Service or access to our Website.

2. YOUR RIGHTS

2.1 The Company permits you to use Pilcro for your own personal use or within your business provided that:

(a) you have given us your legal name;

(b) you have given us a valid email address; and

(c) you have completed the registration process and provided any information that we require as part of the same.

2.2 You are responsible for ensuring that all persons (i) who access to Pilcro through your internet connection or (ii) who you have made Pilcro available to (including your employees) (“Invitees”) are aware of these Terms. You undertake to ensure that they comply with them and that you will remain responsible and liable for the acts or omissions of all Invitees as if you had carried out the acts or omissions yourself.

2.3 Subject always to clause 2.3, the Company or its licensors are the owner or the licensee of all intellectual property rights in the Service, in the Website and in the material published on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2.4 Any information (including any copyright or intellectual property rights associated with such information) that is uploaded by you or your employees onto Pilcro shall remain vested with you or your employees. Such information will be stored on your Google Drive and is therefore subject to the agreement that you have in place with Google apart from the images you store in Pilcro which are stored in the form of a random hash url on a public domain in Amazon.

2.5 You must not use any part or extract of Pilcro for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of Pilcro in breach of these Terms, your right to use Pilcro will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.6 No part of Pilcro may be reproduced or stored in another website or service without obtaining our prior written approval.

3. TERMS OF ACCESS AND SUPPORT

3.1 Although we always try to be available 24 hours per day, we do not guarantee that Pilcro, or any content on it, will always be available or be uninterrupted and the Company will not be liable to you if Pilcro is unavailable at any time.

3.2 We may suspend, withdraw or restrict the availability of all or any part of Pilcro without notice for business and operational reasons (including but not limited to system failure, maintenance or repair or for reasons outside of our control). We will use our reasonable endeavours to give you notice of any suspension or withdrawal.

3.3 You acknowledge that the Service is a Google Marketplace app and relies on integration with G-Suite to operate. You acknowledge that we are not responsible for any downtime in the Service that is caused, directly or indirectly where such downtime or a failure caused, directly or indirectly, by Google.

3.4 The Company will provide technical support to current paying subscribers to the Service. Support will be provided by email only. We will only provide technical support for errors or bugs in the Service that can be reproduced by the Company. In order for us to provide such a service, you agree to provide us with full and precise details of any bugs or errors as requested by us.

3.5 You acknowledge that there is no warranty that we can or will fix all bugs or errors in the Service.

4. YOUR BEHAVIOUR

4.1 You are not permitted to use Pilcro in relation to any material:

(a) that is aggressive, threatening, offensive, defamatory, abusive, discriminatory or similar or that is in breach of confidence or privacy rules or which constitutes a criminal offence; or

(b) for which you do not have the necessary approvals or consents; or

(c) which knowingly introducing viruses, trojans, worms, logic bombs or other activity that is malicious or technologically harmful.

4.2 You must not attempt to gain unauthorised access to Pilcro, the server on which Pilcro is stored or any server, computer or database connected to Pilcro.

4.3 You may not use Pilcro in any way to transmit, or procure the sending of, any unsolicited advertising or promotional material or any other form of similar solicitation.

4.4 We will report any such breach to the relevant law enforcement authorities and we will fully co-operate with those authorities by disclosing your identity and location to them in breach of this clause 4.

5. ACCOUNTS AND PAYMENT

5.1 Pilcro is a Google Marketplace app. You can log into Pilcro using your Google account. You will be given a 7 day free trial when you first sign in to Pilcro.

5.2 You must keep your account details safe. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.3 Following the expiry of your free trial, you will need to proceed to artboard.pilcro.com/payment-manage by pressing “Pay”. You are required either to:

set up a subscription as a subscription owner; or

join an existing subscription.

5.4 If:

you set up a subscription, you agree to provide us with a valid credit card number. The credit card must be registered in either your name or the name of your organisation. Any credit card payment is subject to validation and authorisation checks of the bank or card issuers; or

you join an existing subscription you will need to enter the email address of the subscription owner. The subscription owner will receive an email requesting that they add you to their subscription and your subscription owner will be responsible for making any payments due.

5.5 If you are a subscription owner, you authorise us to deduct payment of the monthly fee (applicable for that month) from your credit card. Such monthly fee will include your subscription and the cost of any additional users that you have approved to join your subscription in accordance with the process set out in Clause 5.4(b). We will post the fees on our Website and retain the discretion to vary these fees from time to time.

5.6 For subscription owners, the Service is billed monthly in advance which will commence immediately following the provision to us of your credit card details.

5.7 Any payments made are non-refundable (except in our absolute discretion) and no refunds or credits will be given for partial use within any monthly period. We will make adjustments to the following monthly fee to reflect the addition or removal of users during previous month.

5.8 If you sign up as a for a 7 day free trial and do not proceed to set up or join a subscription within the trial period, your account will be blocked and you will no longer have access to your files in the Pilcro app.

5.9 Our fees are exclusive of all charges, taxes, levies, assessments or any other fees (“Charges”) that are imposed on you in relation to your use of the Service. These Charges are your responsibility and are payable by you. If your place of business is in the UK, we will add UK VAT at the prevailing rate.

5.10 We reserve the right to suspend access to the Service if:

you fail to provide valid credit card details so that we can charge the full amount of any outstanding fees and charges due to us; or

if you fail to make any payment due in full.

5.11 We will provide prior notice of our intention to suspend your account by email. If, following suspension, you do not make any payments due to us in full within 60 days, we have the right to cancel your account.

6. TERMINATION

6.1 You may cancel your account at any time by emailing us at support@pilcro.com.

6.2 Except for paying subscribers, we reserve the right to cancel and delete your account if you haven't accessed the Service for a period of six consecutive months. In such circumstances we will notify you by email prior to termination.

6.3 If your account is cancelled, the account and any content left behind in the account will not be accessible to you. There will be a 14 day grace period following the cancellation of any account during which time you may request that we restore your account. After the expiry of this grace period, your account and all data contained within it will be permanently deleted and these Terms will terminate.

6.4 If your account is blocked because you have not set up or joined a subscription, your account and any content left behind in the account will not be accessible to you. There will be a 30 day grace period following the blocking of any account during which time you may request that we restore your account by setting up or joining a subscription. After the expiry of this grace period, your account and all data contained within it may be permanently deleted and these Terms will terminate.

6.5 We can cancel your account and terminate these Terms by written notice to you at any time if you commit a breach of these Terms which you fail to remedy (if remediable) within 7 days after the service of written notice.

6.6 Termination of these Terms does not affect the accrued rights of you or the Company arising under these Terms.

7. NON-RELIANCE

7.1 The content on our Website or provided as part of the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

7.2 Although we make reasonable efforts to update the information on our Website and in relation to the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or provided in relation to the Services is accurate, complete or up to date. The Company excludes, to the maximum extent permitted by law, any representations, warranties or conditions (including, without limitation, any implied conditions in relation to satisfactory quality or fitness for purpose) which might have effect in relation to the use of the Website or the Services.

7.3 You acknowledge that:

(a) the Service is a product that is in an early stage of development and, specifically, the Service has not been fully verified to test every possible user requirement or circumstance that might produce errors;

(b) that Pilcro has not been designed with regard to your individual requirements;

(c) it is not technically possible to produce a Service which does not, in certain circumstances, produce errors; and

(d) that Pilcro is linked to and integrated with Google Drive and Google Marketplace and that your information is stored in Google Drive and is therefore subject to their terms and conditions.

8. LIABILITY

8.1 For the purpose of this clause, 'liability' means any liability, whether pursuant to a claim for contribution or under statute, tort (including but not limited to liability for negligence), contract or otherwise (save that any exclusions or limitations of liability shall not apply in respect of fraud), and 'liable' shall be construed accordingly.

8.2 The Company, its officers, employees, shareholders and agents (whether or not involved in creating, producing, maintaining or delivering Pilcro) shall have no liability to you or a third party in respect of any actual or expected:

(a) loss of profits;

(b) loss of revenue, loss of goodwill, loss of opportunity, loss of data, loss of contracts or loss of business (including as a result of business interruption in connection with Pilcro or the inability to use Pilcro);

(c) increased costs or expenses;

(d) wasted expenditure including pre-contract expenditure;

(e) loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to or use of Pilcro or your downloading of any material from the Website, the Service or any linked website or service; or

(f) special, indirect or consequential loss of any type.

8.3 For the avoidance of doubt, the loss referred to in sub-clause 8.2(a) to (e) includes both direct and indirect loss.

8.4 Nothing in this clause shall exclude or limit any liability which any party may have to an individual (or to the estate of a deceased individual) for the death of, or personal injury sustained by, such individual to the extent that such death or personal injury was caused by that party's negligence, or the negligence of that party's officers, employees or agents.

9. ASSIGNMENT AND TRANSFER

9.1 These Terms are binding on you and us, and on our respective successors and assigns.

9.2 You may not transfer, assign, charge or otherwise dispose of these Terms or any of your rights or obligations arising hereunder, without our prior written consent.

9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising hereunder, at any time.

10. NOTICES

10.1 Any notice given to the Company must be sent to support@pilcro.com, or if sent by post, to Unit 2.01, 62 Shoreditch High Street, Shoreditch High Street, London, United Kingdom, E1 6JJ.

10.2 You agree that we may serve notice to you by emailing you using the e-mail or postal address provided to us on registration.

10.3 Any notice will be deemed to have been received:

(a) immediately when posted on our Website or if delivered by hand;

(b) 24 hours after an e-mail is sent; and

(c) or three calendar days after the date of posting of any letter.

11. EVENTS OUTSIDE OUR CONTROL

11.1 The Company is not be liable for any failure to perform, or delay in performance of, any of its obligations pursuant to these Terms to the extent that such failure is caused by events outside our reasonable control (a “Force Majeure Event”).

11.2 A Force Majeure Event includes any act or event beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

11.3 During the period that the Force Majeure Event continues, our obligations are suspended and we will have an extension of time for performance for the duration of that period.

11.4 We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed notwithstanding the Force Majeure Event.

12. WAIVER

12.1 No failure by the Company to exercise any right or remedy provided under these Terms or by law constitutes a waiver of that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.2 No waiver by us of any of these Terms is effective unless it is in writing and is expressly stated to be a waiver.

13. SEVERABILITY

13.1 If any clause or sub-clause of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or sub-clause shall be deemed deleted. Any modification or deletion will not affect the validity and enforceability of the rest of these Terms.

14. ENTIRE AGREEMENT

14.1 These Terms and any document expressly referred to in it constitutes the entire agreement between us in relation to the use of the Website and the provision of the Services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us whether written or oral.

14.2 We each acknowledge that neither of us has relied on any statement, representation, assurance or warranty and that we shall have no remedy in respect of any such statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

14.3 We each agree that we have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and the other party's only remedy shall be for breach of contract as provided in these Terms.

15. GOVERNING LAW AND JURISDICTION

15.1 The Terms and any dispute or claims arising out of or in connection with these Terms or its subject matter shall be governed by and construed in accordance with the laws of England and Wales.

15.2 You and the Company irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

© copyright Pilcro - take the pen limited 2019

Product

Company