Terms and Conditions
By using Pineapple Group online software, services and websites ("the Service"), provided by Pineapple Digital Studio Limited (business entity registered in Ireland) - doing business as Pineapple Group, you agree to be bound by the following Terms of Service ("Terms"), and our Privacy Policy and they shall be enforceable in the same way as if you had signed this Terms document.
These Terms govern your use of the software, services and websites provided by Pineapple Group. Our Privacy Policy explains the way we collect and use your information. If you're using our Service on behalf of an business entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and in that case, "you" and "your" refers to that Organization. These Terms may be updated by Pineapple Group at any time and without notice. The most current version of the Terms is available at: www.pineapplegroup.com/terms.
Your Pineapple Group Account
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify Pineapple Group of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each usage session. Pineapple Group will not be liable for any loss or damage arising from your failure to comply with the Terms, including this section.
Your registration data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein. For more information, see our full Privacy Policy at www.pineapplegroup.com/privacy. You understand that through your use of the Service you agree to the collection and use of this information, as set out in the Privacy Policy.
In consideration of your use of the Service, you represent and warrant that your use of the Service does not violate any applicable law or regulation. You agree to provide true, accurate, current and complete information about yourself as required by the Service's registration form and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pineapple Group has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pineapple Group has the right to suspend or terminate your account.
Your Content and Data
The Service allows you to create users, projects, tasks, events and other associated information, data, and communications, upload files and use materials (collectively referred to as the "Content") and to share this Content with others. All Content is the sole responsibility of the person from whom such Content originated and remains under that person's ownership. This means that you, and not Pineapple Group, are responsible for all Content that you make available via the Service. Pineapple Group does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorized by you). Pineapple Group does not guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you may consider undesirable or illegal in your jurisdiction. Under no circumstances will Pineapple Group be liable for any Content, including, but not limited to, any errors or omissions in it, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You acknowledge and agree that Pineapple Group may access, store and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with any applicable legal process. We claim no intellectual property rights over the data and material you provide to the Service.
Your Obligations
You must provide accurate information when you create your Pineapple Group account.
You are responsible for safeguarding the password and for all activities that occur under your account. You should notify Pineapple Group immediately if you become aware of any breach of security or unauthorized use of your account.
You may never use another user's account without permission.
You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
You may not use Pineapple Group to make available any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise undesirable; upload or transmit images that include nudity, weapons, drugs or violence.
You are solely responsible for your interactions with other users. Pineapple Group reserves the right to monitor disputes between you and other users, but has no obligation to perform such duties.
Administrator Access
When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as the employer domain email address), you hereby grant that 3rd party and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that that 3rd party may restrict or terminate your access to your account if it is associated with the email address that includes their domain. You acknowledge that an 3rd party may elect to utilize other third party applications in connection with their teams' use of the Service and that, by associating Content with an email address that includes an 3rd party's domain, you are granting permission to have such Content shared with such third party application(s).
Third Party Applications and Security
If you choose to use any third party application in connection with using Pineapple Group, you are agreeing to your Content being shared with that third party application. Review their applicable privacy policy to understand how such third party application provider uses or may use your Content.
We will use industry standard technical security measures in connection with storing, processing and transfer of your Content that are designed to protect that Content against unauthorized or unlawful access to such Content.
Billing
You do not have to purchase any of the paid Services, and if you choose to purchase any of the paid Service packages, you may elect to provide a credit card or other payment mechanism preferred by you. Pineapple Group may charge to your credit card or other payment method selected by you and approved by Pineapple Group and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with your use of Pineapple Group. if there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card specified during the registration process for the Services, or subsequently provided to Pineapple Group, unless you terminate your subscription before the payment period begins. All payments authorized by you for your account are final and there will be no refunds issued regardless of whether you use the Service or do not use the Service.
Prices of the Service are subject to change at any time and Pineapple Group will do its best wherever possible to provide customers with the advance notice. Such notice may be provided at any time by posting the changes to the www.pineapplegroup.com website.
In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility. You agree that in the event Pineapple Group is unable to collect the fees owed to Pineapple Group for the Services through your Account, Pineapple Group may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Pineapple Group in connection with such collection activity, including collection fees and legal costs. You further agree that Pineapple Group may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Cancellation of Account
You are the only party that is responsible for properly canceling your account by contacting Pineapple Group via email or phone. An email or a phone request to cancel your account is not considered cancellation without the email confirmation received from Pineapple Group. All of your content will be immediately inaccessible upon cancellation. Within 30 days, all this content will be permanently deleted from backups.
Termination
We may terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may result in financial or legal liability for Pineapple Group and its stakeholders. You are free to stop using Pineapple Group Service at any time. Pineapple Group reserves the right to suspend or end the Service at any time at our discretion and without notice. Such termination of the Service will result in the deactivation or deletion of your Account and/or your access to your Account, and the forfeiture and relinquishment of all content in your account.
Intellectual Property Rights and Modifications
The Service constitutes Pineapple Group's intellectual property and will remain the exclusive property of Pineapple Group. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any other commercial purposes any portion of the Service, or access to the Service unless you otherwise have an agreement with Pineapple Group which grants you such rights.
The Service may be modified from time to time, at times without prior notice to users. Your use of the Service confirms your acceptance of such occasional modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to stop using the Service.
Marketing
You agree to be identified as a customer of Pineapple Group and you agree that we may refer to you by name, trade name or trademark, and may briefly describe your business in our marketing materials and on the website(s). You hereby grant Pineapple Group a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Pineapple Group per this marketing section.
Third Party Websites and Resources
The Service may provide links to other websites or resources and, because Pineapple Group has no control over those sites and resources, you agree that Pineapple Group is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, products or any other materials on or available from such websites or resources or any loss resulting from your access or use of such websites, resources, or products and services available or obtained from them. You expressly understand and agree that Pineapple Group shall not be liable for any damages or any loss resulting from your use of Pineapple Group API or third-party products that access data via the API.
Indemnification
You agree to defend, indemnify and hold harmless Pineapple Group and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
No Warranty
The service is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pineapple Group is not responsible for any third party content that you download or otherwise obtain through the use of the service or for any damage or loss of data that may result from such activity. We do not warrant, endorse, guarantee, or assume responsibility for any third party application or service that provides access to our service. A possibility exists that our website or content may include inaccuracies or errors. A possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website's completeness or correctness is in question, please contact us via email to [email protected] with a description of the material to be checked and the location (URL) where such material can be found on our website.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Pineapple Group, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not Pineapple Group has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. Pineapple Group's aggregate liability for all claims related to the service shall not exceed the greater of Euro 100 or the amounts paid by you to Pineapple Group in connection with your use of the service during the twelve (12) month period prior to the claim giving rise to such liability.
Those who access or use the Service do so at their own risk and are responsible for compliance with all applicable Ireland laws and regulations, including but not limited to export and import regulations.
In connection with providing you the Service Pineapple Group may transfer, store and process your Content in the Ireland or in any other country in which Pineapple Group or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.
Dispute Resolution
The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of Ireland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Ireland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ireland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms.
Entire Agreement, Severability, Assignment
These Terms constitute the entire agreement between you and Pineapple Group concerning the Service and replace any prior agreements, terms or conditions applicable to your use of the Service.
If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Pineapple Group's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do this later.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Notices
We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.
For questions about these terms, email us at [email protected].