Terms of Use

Effective as of: October 1, 2025

Welcome to Paku app!

Please read these Terms of Use (“Terms”) and our Privacy Notice https://hyperblob.studio/paku/privacy (the “Privacy Notice”) carefully before using the services offered by Hyperblob Studio (also “Paku”, “we”, “us”). These Terms constitute a legally binding agreement between Paku and user (also “you”, “your”), which regulates your use of the services accessible via Paku mobile application (the “App”) and Paku website available at https://pakupaku.app/ (the “Site”). To make these Terms easier to read, our services and App are collectively called the “Services.”

By using our Services you agree to be bound by these Terms and Privacy Notice. If you do not agree to these Terms, do not use our Services.

Please also note that we will use commercially reasonable efforts to ensure that the Services are free from defects, viruses and other malicious content. We do not promise that the Services are compatible with any third-party software or equipment.

1. Description of Services

General. The Paku Services comprise an online social food tracker app powered by AI. We aim to provide our users with eating recommendations by analyzing photos of their meals. Some of the Services might not be available at the time and we reserve the right to change, update, or discontinue them on our App at any time. To use the Services, you have to create a personal account with us by using your email or via Apple, Google, or another authorization option available from time to time (“Account”). We will use your email address to create the Account for you and send you the email to confirm the Account details. Your Account will enable access to the Services. Paku reserves the right to change the functionality of the Services and introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without prior notice.

Virtual Pet. Paku needs to collect information that is necessary for your productive and convenient use of our App. Specifically, you are encouraged to personalize your virtual pet (“Virtual Pet”) within the App and share details about your eating habits, behavior, and daily routine. The Pet functions as a virtual character, symbolizing your unique experience and interaction within the App. Through customizing eating habits, behavior, and daily routine for your Virtual Pet, you actively contribute to shaping the character's virtual existence, thereby influencing its interactions and experiences.

Analyzing your food. After your onboarding, you may choose a photo of food from the gallery of your device (“Meal Photo”) or the preset options provided by the App. Paku artificial intelligence algorithms scan the chosen photo and will provide you with the nutrition score of the dish, which may include detected items, estimated macros, nutrition tips, and/or other information Paku AI algorithm has identified about your dish.

Your profile. Within the App’s profile page, you may monitor your Virtual Pet, review meals history, and track your streak for consistent food logging. Additionally, the profile page provides you with the flexibility to edit various aspects, including food habits, eating plans, and other personalized information, ensuring that your engagement with the App remains tailored to your changing needs and preferences.

Share & Download. You may share your Meal Photo, Virtual Pet, Nutrition Score, streak, and other information via social media, e-mail, or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share any content from the App, it becomes publicly available and may be seen by anyone within the App.
Scope of the Services. Paku reserves the right to change the functionality of the Services and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without prior notice.

2. Who Can Use the Services

You must be at least 16 years of age (or such other minimum age, either lower or higher, at which you can provide consent to data processing under the laws of your permanent residence), and not otherwise barred from using the Services under applicable law to access or use our Services. To use the Services you are required to create the Account. It’s important that you provide us with accurate, complete, and current Account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re solely responsible for all activities that occur under your Account.

3. Paku Content

Paku Intellectual Property. Our Services and Paku’s  proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“Paku  Content”) are owned by Paku or its subsidiaries or affiliated companies, and is protected by copyright, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms, Paku reserves all rights in and to our Services.

License. If you comply with these Terms, Paku hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal non-commercial purposes.

Use Restrictions. Except as expressly permitted in these Terms, you may not: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices; (d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation); (e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (f) use our Services other than as expressly provided in these Terms.

Other. The licenses granted to you by Paku do not cover any third-party pictures or other content available on the Services. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you under these Terms.

4. User Content
Posting Content. Our Services may allow you to store or share Meal Photos. Any Meal Photo, your username, and other content that you post or otherwise make available through the Services is referred to as “User Content”. Paku does not claim ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

Permissions to Your User Content. By making any User Content available through the Services, you hereby grant Paku and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license, which allows Paku and its affiliates to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services, including, but not limited to, the use for training artificial intelligence models in a de-identified manner.

Your Representations and Warranties. You represent and warrant that you have (and will have) all rights that are necessary to grant us and our affiliates the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Paku on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your Responsibility for User Content. You hereby acknowledge that you are solely responsible for your User Content. The information and materials in the User Content, including User Content that includes Paku Content, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. We accept no liability in respect of any content submitted by users.

Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Sharing User Content. If you share User Content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any such content will be considered non-confidential and non-proprietary. Please do not submit or post any User Content that you do not want to be publicly accessible or viewable.

5. Prohibited Conduct and Content

Paku is a social gamification food tracker app, where people can try to improve their eating habits, share their thoughts and achievements with others. Nutrition may sometimes be sensitive topics to discuss, thus we intend to create a community based on mutual respect and intention to help each other in becoming self-satisfied individuals.

Our goal is to clearly outline what is allowed and what is not permitted. At the same time, it is difficult to anticipate all potential situations that might arise. Paku reserves the right, at its sole discretion, to determine in its sole discretion which content violates the spirit of these guidelines and will not be permitted with the subsequent removal.

Bullying or harassment of any kind is not allowed. Let’s focus on uplifting each other’s journeys to become our best. This means using respectful language and honoring everyone’s experiences with kindness. Please refrain from any negative or disrespectful attitude towards others and do not judge anyone by their race, gender, religion, physical constitution, health, and other personal attributes.

Upload only photos of your food. Our app was created to analyze the photos of your meals using AI algorithms. Thus, we ask you to post only food photos and explicitly refrain from uploading any illegal content or content that contains violence, nudity, NSFW, and other adult content.

Promotion of unsafe eating practices. Paku will not tolerate any content promoting unsafe dieting practices or dangerously low-calorie intake. This includes references to anorexia, bulimia, or self-starvation. We remove profiles, messages, and posts that endorse such practices, and repeat violations may lead to Account deletion.

Reporting and Enforcement. Violations of our Terms and these guidelines may also result in a range of warnings, sanctions and/or actions taken by Paku against your content and/or Account, including temporary or permanent Account suspensions. We also count on your proactive, responsible use of Paku as specified further in the guidelines and encourage our community to report content that contradicts these guidelines via our App or by email: [email protected].

6. Monitoring of Content

Paku is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting the foregoing, Paku may remove, at any time and without notice, any material that Paku, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at ([email protected]) or use the in-app feedback form. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

7. Feedback

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you understand and acknowledge that we, at our sole discretion, may use, modify, adapt, reproduce, distribute, display, perform, or otherwise exploit the Feedback you provide, without any obligation to compensate you, provide attribution, or obtain your consent. This grant is irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable. You also acknowledge that we have no obligation to treat the Feedback as confidential information or intellectual property and we are under no obligation to implement, respond to, or otherwise act upon the Feedback you provide.

8. Fees and Payments

General. Paku requires payment of a fee for the use of certain features or functions of the Services. You have to purchase a subscription (“Subscription”) for using the PRO Features. When you purchase a Subscription (“Transaction”), you expressly authorize us (or our third-party payment processor) to charge you the respective Subscription fee for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit/debit card number, the expiration date of your credit/debit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.

Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PAKU TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (“Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services in accordance with these Terms.

Cancelling Your Subscription and Claiming Refund. If you are dissatisfied with the features, you may cancel a Subscription purchased either on App Store or Google Play Store for a full refund within two (2) calendar days of your initial purchase. As soon as this term expires, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME, UNLESS THE TERMS PROVIDE OTHERWISE. Please note that you may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges. Please note that separate cancellation rules apply to subscriptions purchased on the Site and are provided in paragraph “Refund instructions” of this Section 8(c).

Cancelation instructions

To cancel your subscription purchased on the respective digital platform for mobile applications, please follow one of these instructions:

For iOS (App Store): 
- Open the Settings app on your iPhone or iPad.
- Tap on your name at the top, then select Subscriptions.
- Locate the subscription you want to cancel from the list.
- Tap the subscription and select Cancel Subscription.
- Confirm your cancellation.

For Android (Google Play Store):
- Open the Google Play Store app on your device.
- Tap on your profile icon in the top-right corner.
- Select Payments & Subscriptions, then tap Subscriptions.
- Find the subscription you want to cancel and select it.
- Tap Cancel Subscription and follow the prompts to confirm.

PLEASE NOTE THAT DELETING THE APP FROM YOUR DEVICE DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.

Web:
- To cancel your subscription purchased on our Site, please email us at [email protected].

Refund instructions

To claim a refund for your subscription purchased on App Store or Google Play Store, please, choose an appropriate instruction:

Android: https://support.google.com/googleplay?p=refundAWF

iOS: https://support.apple.com/en-us/118223

Please note, that we do not have any control over refunds on iOS. You should use Apple functionality in accordance with the abovementioned instructions to receive a refund. However, we may help you with receiving a refund on Android. If you have any issues with receiving a refund on Android, please email us at [email protected] requesting our assistance.

We cannot issue a refund if:

- You have a 1-Week Trial Subscription: this trial offers access for seven days, after which it converts to a full subscription, and no refunds can be issued for the initial subscription charge.
- Your request is late: You submit your refund request more than forty-eight (48) hours after the renewal date.
- You misunderstood the terms: You were not aware of the charge, didn't know the trial would convert to a subscription, or didn't realize that subscriptions renew automatically.

9. Сopyright Complaints
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the App have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the App;
information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the App who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

10. Copyright Policy

Paku respects copyright law and expects its users to do the same. It is Paku’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

11. Indemnification

You hereby agree to indemnify and hold Paku, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

12. Privacy

Paku respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information. Please check our Privacy Notice at https://hyperblob.studio/paku/privacy to be aware of how we collect, use and share your personal information when you use our Services.

You may delete your personal data using in-app functionality or by manually deleting the app from your device. If you have any issues regarding the deletion of your data and/or app, please email us at [email protected].

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

OUR APP, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL AVAILABLE IN THE APP ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE ARE NOT A MEDICAL ORGANIZATION AND CANNOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. YOUR HEALTH AND WELL-BEING ARE YOUR PRIMARY RESPONSIBILITY, AND CONSULTING WITH A HEALTHCARE PROFESSIONAL IS CRUCIAL BEFORE STARTING ANY NEW DIET, EXERCISE PROGRAM, OR IF YOU HAVE ANY HEALTH CONCERNS. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY THIS APP OR ITS USE.

The App does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the App.

Generative AI is an evolving technology that can occasionally produce unpredictable results. The nutritional information within the App was gathered from various sources and may not be entirely accurate or complete. Should you encounter any information that you deem harmful, false, or in violation of our Terms, we urge you to report it via the in-app report or reach out to us directly at [email protected].

We recommend double-checking information and consulting with a healthcare professional to verify nutritional information before consuming any product. While we strive to provide helpful insights, the App cannot guarantee the safety of any food or ingredient recommendation for your specific needs, as well as the effect on your health either in short-term or long-term perspective. You are solely responsible for understanding your allergies, sensitivities and other specific conditions of your health, as well as avoiding foods that may trigger an allergic reaction.

14. Your Representations and Warranties

Eligibility. You are at least sixteen (16) years old or another age of majority in your jurisdiction of residence and have the legal capacity to enter into and be bound by these Terms.
Compliance with Laws. Your use of our Services complies with all applicable laws, regulations, and ordinances in your jurisdiction, including but not limited to intellectual property, data protection, and privacy laws.

No Infringement. Neither your User Content, nor your use and provision of your User Content to be made available publicly will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

No Harmful Content. You will not use the Services to upload, share, or generate any content that is harmful, harassing, defamatory, offensive, obscene, or otherwise objectionable, or that promotes or incites violence, discrimination, or illegal activities.

Accurate Information. All information you provide to us, including but not limited to registration data, Payment Information, and any other personal information, is true, accurate, complete, and up-to-date.

No Misuse of the Services. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PAKU NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAKU OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, HEALTH PROBLEMS, OR OTHER DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS APP OR THE INFORMATION IT PROVIDES, INCLUDING WITHOUT LIMITATION NUTRITIONAL INFORMATION AND MEAL PLANS. BY USING OUR APP, YOU ACKNOWLEDGE THE LIMITATIONS OF THE INFORMATION AND AGREE NOT TO RELY SOLELY ON IT FOR MAKING HEALTH DECISIONS AND ALWAYS SEEK GUIDANCE FROM A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY HEALTH-RELATED QUESTIONS OR CONCERNS.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL PAKU’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PAKU’S FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAKU’S AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAKU AND YOU.

16. Links to Third Party Websites

The Services may contain links to third-party websites, services, and other resources. Please note, their presence does not mean that they are recommended by Paku, and Paku does not guarantee their safety and conformity with any of your expectations. Paku is not responsible for maintaining any materials referenced from another website, and makes no warranties for that website or respective service. Paku assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

17. Governing Law and Dispute Resolution

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by, construed, and enforced in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

Disputes Resolution. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, the “Disputes”) will be solved by the competent courts of the United States of America. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts in any such action or proceeding and waive any objection you may have to the venue or inconvenience of such forum. We each agree that the laws of the United States of America govern the interpretation and enforcement of these Terms, and that you and Paku are each waiving the right to a trial by jury or to participate in a group action.

18. Changes to our Terms

To improve the quality of the Services, to comply with legal requirements and to respond to changes in market conditions we may update and change these Terms from time to time. The new version of the Terms comes into force from the moment of its placement in the App. In this case, we undertake to notify you of the changes altering the content of these Terms by posting a notice in the App or by sending it to you via in-App notification at least fifteen (15) calendar days prior to such changes. During that period, you have a right to agree or disagree with them. The period of such notice may be extended at our discretion in case of significant changes or may be reduced if such changes are required by national law. By continuing to use the Services, you accept these Terms. Ensure that you read these Terms each time you wish to use our Services. If you refuse to accept updates, you should not visit the App and use the Services. For some changes or updates of these Terms that we need to make in connection with security, legal or regulatory requirements, we may not be able to notify you in advance, but we will notify you afterwards as soon as possible.

19. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. If you have any questions regarding the Services and/or your account, please email us at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 8 (only for payments due and owing to Paku prior to the termination), 11, 13, 14, 15, 17, 19, 20 and 22.

20. Severability

If a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

21. Rights and Terms for Apps

This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

22. General Terms

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Paku and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Paku and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Paku’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Paku may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications provided by Paku under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. Paku’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Paku. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. Contacts

We hope these Terms helped you to understand how the Services work and be sure everything is foreseeable and safe while using it. If you have any questions regarding the use of Services or regarding these Terms, please contact us at [email protected].

Paku team