Terms of service

Please read this Terms of Use Agreement (these "Terms" or this “Agreement”) carefully before using the www.pasilobus.com website (the "Site"), or any other service, application, product, or functionality belonging to, provided by, created by, or operated by Pasilobus ("Pasilobus", the "Company", "us", "our", or "we") (together or individually, the "Service").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all Users and others who access, visit, or use the Service (each a “User” or “you”, and collectively, “Users”).

This Agreement, which incorporates by reference other provisions applicable to User’s use of the Service, sets forth the terms and conditions that apply to User’s use of Pasilobus. By using Pasilobus, each User agrees to comply with all of the terms and conditions hereof. The right to use Pasilobus is specific to each User and is not transferable to any person or entity.

Certain features, functionalities, tools, and solutions of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

1. ABOUT PASILOBUS​

1.1 Services Provided

Pasilobus provides, among other things, an internet-based business specializing in website design and support.

1.2 User Communications

User communications occurring on the Service, including without limitation messages and emails, may be read and/or moderated by Pasilobus in accordance with the Privacy Policy and these Terms and as the Company, in its sole discretion, deems necessary and appropriate to prevent spam, inappropriate content, abusive practices, harassment, and/or other activities or content it deems harmful or inappropriate. Inappropriate content may include without limitation solicitation and spam.

1.3 No Endorsement or Warranty

By accessing or using the Service, each User acknowledges and understands that Pasilobus does not:

a) Recommend or endorse any specific product or service; nor does Pasilobus endorse or approve any other information that may be mentioned, written, linked, or featured on or through the Service by Pasilobus and/or any User or third party. Each User’s reliance on any such information or any other information that may be provided by or through the Service; a Pasilobus employee; or any third-party site, application, service provider, or other party that may be linked to or accessed through the Service; and/or any other party featured or appearing on the Service is solely at the User’s own risk. Any and all information accessed through the Service is provided "AS IS" and without any warranty, either expressed or implied, including, without limitation, any implied warranty of safety, merchantability, or fitness.

b) Inspect, participate in, confirm, certify, guarantee, or approve any bonus, offer, promotion, or loyalty program that may be offered or promoted by any User, client of Pasilobus (“Pasilobus Client”), or third party.

c) Examine, determine, or warrant the competence of any User, Pasilobus Client, or third party that may be listed on or through the Service.

d) Affirm, inspect, certify, or warrant the competence, adequacy, qualification, or licensure of any User, Pasilobus Client, or third party. Under no circumstances should the Service be used to verify the credentials of such parties.

1.4 No Guarantee of Results

Pasilobus does not guarantee results. Users and Pasilobus Clients may submit reviews, and the Site may feature case studies, articles, or other content regarding results or successful projects that the Company has previously participated in or delivered; however, such content does not constitute a guarantee, warranty, or prediction regarding the quality, efficiency, or outcome of any future service or product of Pasilobus, or any User, Pasilobus Client, or third party. Pasilobus bears no responsibility or liability of any kind whatsoever for any content that is generated or posted by any User, Pasilobus Client, or third party, either on, through, or in connection with the Service (“User-Generated Content”), and any use of or reliance upon User-Generated Content is solely at your own risk.

1.5 User and Client Responsibilities

By accessing or using the Service and/or purchasing products or services that have been created or provided by Pasilobus, each User acknowledges and understands that:

a) Users and Pasilobus Clients are solely responsible for any and all information they provide on the Service itself or on any website, software, feature, application, or digital platform that has been created or provided by Pasilobus ("Pasilobus Solution"), including without limitation any shared images, reviews, recommendations, opinions posted on or through the Service. It is the duty of Users and the Pasilobus Clients to use proper language and refrain from using slang, offensive or slanderous words. Users are not permitted to post illicit material, nor to apologize for crimes, discourses of hatred or prejudice, failing to respond civilly and criminally for such acts.

b) Users and Pasilobus Clients are solely responsible for the payment method used on or through the Service for the purchase of products, services, or promotions, and for refraining from perpetrating, performing, participating in, promoting, or enabling any type of fraud.

2. ACCOUNTS​

2.1 Account Creation

All Users must register for an account ("Account") and provide the information required in the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. The Company may suspend or terminate your Account at any time and in its sole discretion in accordance with this Agreement.

2.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.3 No Reliance on User-Generated Content

For the avoidance of doubt, User-Generated Content posted on or through the Service, such as blog posts, articles, or videos, is provided for informational purposes only, with no assurance that such User-Generated Content is true, correct, recommended, or accurate.

2.4 No Liability for User Interactions

Pasilobus may monitor communications and interactions on Service. Any liability, loss, or damage that results from any interactions among Users, Pasilobus Clients, and/or third parties, including, without limitation, any postings that you input or receive through your use of the Service is solely your responsibility. At our discretion, we may monitor and/or record your use of and general interactions with the Service, though we may not monitor or record the specific details of such interactions.

3. ACCESS TO THE SERVICES​

3.1 License

Subject to the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, and nontransferable license to the extent necessary and required to access, explore, and otherwise use this Service.

3.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; c) You shall not access the Service in order to build a similar or competitive website, product, or service; and d) Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.

3.3 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

3.4 No Support or Maintenance

You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service, unless Company explicitly agrees to provide such support and maintenance services in a separate definitive written agreement between you and Company, which has been signed by you and Company.

3.5 Ownership

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Service and its content are owned by Company or Company’s suppliers as the case may be. Neither these Terms, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

4. USER CONTENT​

4.1 User Content

"User Content" means any and all information and content that a User submits to, or uses with, the Service (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

4.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy":

a) You agree not to use the Service or any Pasilobus Solution to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

b) In addition, you agree not to:

  • (i) Upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • (ii) Send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • (iii) Use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent;
  • (iv) Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
  • (v) Attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;
  • (vi) Harass or interfere with any other user’s use and enjoyment of the Service; or
  • (vii) Use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

4.4 Enforcement

Company reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

4.5 Feedback

If you provide Company with any feedback or suggestions regarding the Service, or any product, service, Pasilobus Client, or offer listed, linked, accessed, offered, promoted or sold on or through the Service ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback as non-confidential and nonproprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

5. INDEMNIFICATION​

You agree to indemnify and hold harmless the Company (and its officers, employees, agents, and affiliated entities), including without limitation costs and legal fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Service or any Pasilobus Solution, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. THIRD-PARTY LINKS & OTHER USERS​

6.1 Third-Party Links & Ads

The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. To the extent that Company may provide access to Third-Party Links & Ads, Company provides access to such Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any such Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply to your use thereof, including such third party’s privacy, terms of use, and data gathering practices. You are solely responsible for conducting the research and investigation that you deem necessary and appropriate prior to using such Third-Party Links & Ads and prior to proceeding with any transaction in connection with such Third-Party Links & Ads.

6.2 Other Users

Each user of the Service is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service or any Pasilobus Solution are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Service or any Pasilobus Solution, we are under no obligation to participate in, resolve, or become involved in the resolution, settlement, or adjudication of any such dispute.

6.3 Release

By accessing or using the Service, you hereby release and forever discharge the Company (and our officers, employees, agents, affiliates, successors, and assigns) from, and hereby expressly waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action, of every kind and nature (including personal injuries, death, and property damage), that has or may have arisen or that directly or indirectly arises out of, or in relation to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads).

6.4 Privacy

You acknowledge and confirm that you have read Pasilobus’ Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of Pasilobus’ Privacy Policy are reasonable. You consent to the use of your personal and business information by Pasilobus and/or its third-party providers, and affiliates in accordance with these Terms of Use and for the purposes set forth in the Privacy Policy.

7. DISCLAIMERS​

7.1 General Disclaimer

PASILOBUS DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY SERVICES OR OFFERS MADE AVAILABLE THROUGH THE SERVICE. PASILOBUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES, EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM: (A) YOUR USE OF OR RELIANCE UPON THE SERVICE OR THE INFORMATION THAT IS MADE AVAILABLE ON OR THROUGH THE SERVICE, (B) ANY AND ALL SERVICES RENDERED BY ANY THIRD-PARTY PROVIDER, PASILOBUS CLIENT, OR AFFILIATE FEATURED ON THE SERVICE, OR (C) ANY CLAIMS THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM YOUR RELIANCE UPON OR USE THEREOF.

7.2 Service Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF FIRST USE. THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES.

8. LIMITATION OF LIABILITY​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PASILOBUS (OR OUR SERVICE PROVIDERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF PASILOBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PASILOBUS'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS (US $50)  PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

IN CERTAIN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT PERMITTED, THIS LIMITATION MAY NOT APPLY TO YOU.

FOR SERVICES PROVIDED UNDER A SUPPORT PLAN (PREMIER SERVICES), ANY ADJUSTED LIABILITY CAPS OR ADDITIONAL REMEDIES WILL BE GOVERNED BY THE TERMS OUTLINED IN THE APPLICABLE ORDER FORM.

YOU AGREE THAT OUR SUPPLIERS AND PARTNERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

9. FEES, PAYMENTS & BILLING​

9.1 Fees and Payment Obligations

By selecting and utilizing Pasilobus Services, you agree to pay all applicable fees as specified during the purchase process or outlined in the relevant Order Form. All fees are nonrefundable unless explicitly stated otherwise in these Terms or as required by applicable law.

Pasilobus reserves the right to adjust pricing, introduce new fees, or modify existing charges at its sole discretion. Any such changes will be communicated to you via email or prominently posted on the Service. Continued use of the Services following notice of these changes constitutes your acceptance of the revised pricing.

9.2 Late Payments and Penalties

All payments must be received by the specified due date. In the event of late payment, Pasilobus reserves the right to:

  • Assess Late Fees: A late fee of 1.5% of the overdue amount per month or the maximum rate permitted by applicable law, whichever is lower, may be applied.

  • Suspend or Terminate Services: Access to the Services may be suspended or terminated until all outstanding amounts, including applicable penalties, are paid in full.

  • Recover Collection Costs: You agree to reimburse Pasilobus for all costs and expenses, including reasonable attorneys' fees, incurred in the collection of overdue amounts.

9.3 Chargebacks

A. Prohibition of Unauthorized Chargebacks

Initiating a chargeback with your payment provider without first contacting Pasilobus to resolve any billing disputes is strictly prohibited and constitutes a breach of these Terms. Chargebacks are only permissible in cases of demonstrable fraud or unauthorized transactions as defined by applicable law.

B. Permissible Chargebacks

Chargebacks are permitted solely under the following circumstances:

  • Demonstrable Fraud: Transactions that you did not authorize or were conducted without your consent.

  • Unauthorized Transactions: Any charge not initiated by you, including charges resulting from stolen payment information.

C. Dispute Resolution Procedure

  1. Mandatory Communication: If you have a concern or dispute regarding any charge, you must contact Pasilobus immediately at support@pasilobus.com to seek resolution.

  2. Resolution Efforts: Pasilobus will make reasonable efforts to address and resolve your issue promptly and amicably.

  3. No Chargeback Without Resolution: Initiating a chargeback without first attempting to resolve the dispute with Pasilobus is prohibited and will trigger the consequences outlined below.

D. Consequences of Unauthorized Chargebacks

If you initiate a chargeback without first contacting Pasilobus or in violation of the permissible chargeback criteria:

  • Account Suspension or Termination: Pasilobus reserves the right to suspend or terminate your account immediately.

  • Revocation of Services: Access to all Services may be revoked without prior notice.

  • Financial Liability: You will remain liable for the disputed amount, as well as any additional fees, penalties, or costs incurred as a result of the chargeback process.

  • Legal Action: Pasilobus reserves the right to pursue legal action to recover the disputed amounts and associated costs.

E. Legal Compliance

These Chargeback terms are designed to comply with applicable consumer protection laws. In instances where the law permits or requires chargebacks (e.g., fraud or unauthorized transactions), Pasilobus will adhere to such legal obligations while maintaining the integrity of these Terms to the fullest extent permitted by law.

F. No Waiver of Rights

By enforcing these Chargeback terms, Pasilobus does not waive any rights or remedies available under applicable law, including the right to pursue additional claims for damages resulting from unauthorized chargebacks.

9.4 Refund Policy

A. No Refunds

All fees paid to Pasilobus are nonrefundable. Pasilobus does not offer refunds for any fees or charges, under any circumstances, except where explicitly required by applicable law.

B. Legal Obligations

In circumstances where the law mandates a refund (e.g., in cases of fraud or unauthorized transactions), Pasilobus will comply with such legal requirements. These instances are exceptions only and do not constitute a general refund policy.

C. No Exceptions

Under no other circumstances will refunds be provided, including but not limited to:

  • Change of Mind: If you decide to discontinue using the Services after purchase.

  • Dissatisfaction with Services: If you are unhappy with the Services provided, beyond instances of fraud or unauthorized transactions.

  • Technical Issues: Any technical issues or service disruptions will not entitle you to a refund.

D. Policy Enforcement

Any request for a refund outside the exceptions defined above will be denied. Pasilobus reserves the right to enforce this no-refund policy strictly to protect its business interests and ensure fair treatment of all Users.

9.5 Taxes and Regulatory Compliance

All prices and fees are exclusive of applicable taxes, including but not limited to sales tax, Value-Added Tax (VAT), Goods and Services Tax (GST), or other government-imposed levies. You are solely responsible for the calculation, reporting, and payment of any such taxes related to your use of the Services.

If you are tax-exempt, you must provide a valid exemption certificate to Pasilobus. Upon verification, Pasilobus will exclude applicable taxes from your charges. Failure to comply with tax obligations may result in additional fees or penalties, as well as the suspension of Services.

A. Definition of Taxes

For the purposes of this Agreement, "Taxes" means all taxes, levies, imposts, duties, fines, or similar governmental assessments imposed by any jurisdiction, country, or any subdivision or authority thereof, including but not limited to federal, state, or local sales taxes, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts, or similar taxes, in any way connected with this Agreement or any agreement required hereunder.

B. Tax Compliance

You agree to bear and be responsible for all Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, Pasilobus receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made.

If you are a tax-exempt entity or claim exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement. After receipt of valid evidence of exemption, Pasilobus shall not charge you any Taxes from which you are exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST, or other consumption taxes (collectively, "VAT") chargeable, and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto.

You shall communicate to Pasilobus your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. Pasilobus shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s).

You shall comply with all applicable tax laws and regulations, and you shall provide Pasilobus all necessary assistance to facilitate the recovery or refund of any VAT paid by Pasilobus in relation to the Services to the respective government or authority. You hereby agree to indemnify Pasilobus for any Taxes and related costs paid or payable by Pasilobus attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse Pasilobus for all costs and damages related to any liability incurred by Pasilobus as a result of your noncompliance or delay with its responsibilities herein. Your obligation under this Section shall survive any termination or expiration of this Agreement.

10. ACCOUNT CANCELLATION AND REFUND POLICY​

You may cancel your account through our website. You have to log in to address cancellation. All paid transactions made through the website are subject to Pasilobus policy in effect at the time of the purchase.

Refunds are generally not provided except in cases of technical errors or duplicate charges. For example, if a User is inadvertently charged twice for a service, Pasilobus will issue a refund for the duplicate charge. Prepaid fees for unused services will not be refunded unless otherwise specified in the Order Form or applicable law.

11. TERM & TERMINATION​

Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. The following sections of this Agreement will survive any termination of this Agreement: 2.5, 2.6, 2.8, 3.4, 4.7, 4.8, 5.5, 7.3, 8, 9, 10, 13 and 14.2.

12. COPYRIGHT POLICY​

Company respects the intellectual property of others and asks that all Users and Pasilobus Clients do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Service or Pasilobus Solutions who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Company:

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

13. TERMS OF SALE​

13.1 Agreement to Terms of Sale

By using the Service; by purchasing products or services from the Company, Pasilobus Clients, or its partners; or by participating in other programs or promotions that have been offered, accessed, or made available to Users through the Service, you agree to the Terms of Sale outlined in this section.

13.2 Third-Party Products and Services

Pasilobus is not liable or responsible for any claims relating to the products or services offered by Pasilobus Clients or third parties on or through the Service or any Pasilobus Solution. You acknowledge that Pasilobus Pricing may change pricing of any product, service, experience, or promotion at any time in its sole discretion and without notice.

13.3 Pricing Errors

Pasilobus does not guarantee that it offers the lowest rates or prices, nor does Company provide any guarantees against pricing errors. Company reserves the right to cancel or decline to process any order for any reason, including without limitation in instances where the price was incorrectly posted or printed on the Service. If this occurs, Company will attempt to notify each affected User via email. The Company reserves the right, but shall not be obligated, to correct any pricing error for any product, service, experience, or promotion on or through the Service.

14. APPS

14.1 Provision of Apps

Pasilobus offers applications (“Apps”) designed to integrate with third-party platforms, including but not limited to Shopify (“Shopify Apps”). These Apps are developed to enhance the functionality and performance of the User’s Shopify store. Users can access Pasilobus Apps in two primary ways:

  • Order Form-Based Access: As specified in the Order Form, Users may engage Pasilobus to develop and customize Apps tailored to their specific needs.
  • App Store-Based Access: Users may download and install Pasilobus Apps directly from third-party App Stores (e.g., Shopify App Store) without the need for a separate Order Form.

14.2 License to Use Apps

Subject to these Terms, Pasilobus grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the Apps solely for your internal business purposes in accordance with the documentation provided. This license applies regardless of whether the App is obtained via an Order Form or directly from an App Store.

Restrictions: You may not:

  • Reproduce, distribute, or create derivative works based on the Apps.
  • Reverse engineer, decompile, or disassemble any part of the Apps.
  • Transfer, sublicense, lease, or rent the Apps to any third party.
  • Remove, alter, or obscure any proprietary notices or labels on the Apps.

14.3 Ownership and Intellectual Property

All rights, title, and interest in and to the Apps, including all intellectual property rights, are and shall remain the exclusive property of Pasilobus or its licensors. The Apps are licensed, not sold, to you.

14.4 App Store Terms and Conditions

When accessing Pasilobus Apps through third-party App Stores:

  • Compliance: Users agree to comply with the terms and conditions of the respective App Store from which the App is downloaded.
  • Liability: Pasilobus is not responsible for any issues arising from the use of App Store-provided platforms, including payment processing, updates, or integrations.

14.5 Support and Maintenance

Pasilobus will provide support and maintenance services for the Apps as detailed in the Order Form or as specified within the App Store listing. Support includes troubleshooting, updates, and enhancements necessary to ensure the proper functioning of the Apps. Any additional support services requested by you may be subject to additional fees.

14.6 Updates and Modifications

Pasilobus reserves the right to modify, update, or discontinue the Apps, in whole or in part, at any time without prior notice. This applies to Apps accessed both via Order Forms and through App Stores. You agree that Pasilobus will not be liable to you or any third party for any modification, suspension, or discontinuation of the Apps.

14.7 Termination of App Services

Upon termination of your relationship with Pasilobus as per Section 10 (Term & Termination):

  • Order Form-Based Apps: Your license to use the Apps will immediately cease. You must promptly uninstall and discontinue all use of the Apps and destroy any copies of related documentation in your possession.
  • App Store-Based Apps: Your ability to use the Apps may be restricted according to the App Store’s policies. Pasilobus reserves the right to request the removal of the Apps from your Shopify store or other platforms.

14.8 Warranty Disclaimer for Apps

The Apps are provided "AS IS" and Pasilobus disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Pasilobus does not warrant that the Apps will be error-free or uninterrupted.

14.9 Limitation of Liability

To the fullest extent permitted by law, Pasilobus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Apps, even if Pasilobus has been advised of the possibility of such damages. In no event shall Pasilobus’s total liability to you for all claims exceed the amount you paid for the Apps under the relevant Order Form or App Store purchase.

14.10 Indemnification

You agree to indemnify, defend, and hold harmless Pasilobus and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the Apps or violation of these Terms.

14.11 Governing Law

This section shall be governed by and construed in accordance with the laws specified in Section 17.2 (Dispute Resolution) of these Terms.

15. CUSTOM APPLICATIONS

15.1 Provision of Custom Applications

Pasilobus offers Custom Applications (“Custom Apps”) tailored to meet the specific needs and requirements of its Users. Custom Apps are designed and developed exclusively for the subscribing User and are integrated into the User’s existing systems or platforms as specified in the Order Form.

15.2 Ownership and Intellectual Property

Custom Apps developed by Pasilobus may be installed or integrated into the User’s Shopify store to enable their functionality. Notwithstanding such integration, the Custom Apps, including their code, design, and underlying technology, remain the exclusive property of Pasilobus. The User is granted a limited, non-exclusive, non-transferable license to use the Custom Apps solely for their intended purpose as specified in the Order Form. Ownership of the Custom Apps does not transfer to the User or the Shopify store through installation or use. Pasilobus reserves the right to access, update, or manage the Custom Apps as necessary to ensure their proper functioning.

15.3 Source Code and Confidentiality

The source code, underlying methodologies, and proprietary technologies utilized in the development of Custom Apps are and shall remain the exclusive property of Pasilobus. Users are not granted access to the source code and agree that no rights to the source code, other than those explicitly granted under this Agreement, are conferred.

Any documentation, technical information, or materials provided by Pasilobus in connection with the Custom Apps are confidential and proprietary to Pasilobus. Users agree to maintain the confidentiality of such materials and not to disclose them to any third party without prior written consent from Pasilobus. Pasilobus employs industry-standard security practices, such as data encryption and controlled access, to safeguard User data and maintain confidentiality.

15.4 Usage Restrictions

Users are prohibited from:

  • Reverse engineering, decompiling, or attempting to derive the source code of the Custom Apps.
  • Modifying, adapting, or creating derivative works based on the Custom Apps.
  • Distributing, sublicensing, selling, or transferring the Custom Apps or any part thereof to any third party without prior written consent from Pasilobus.

15.5 Support and Maintenance

Pasilobus will provide support and maintenance services for Custom Apps as detailed in the Order Form. Support includes troubleshooting, updates, and enhancements necessary to ensure the proper functioning of the Custom Apps. Any additional support services requested by the User may be subject to additional fees.

15.6 Termination of Custom App Services

Upon termination of the Agreement as per Section 10 (Term & Termination), the User’s license to use the Custom Apps will immediately cease. Users must promptly discontinue all use of the Custom Apps and destroy any copies of related documentation in their possession. Pasilobus reserves the right to remove the Custom Apps from the User’s systems upon termination.

15.7 Warranty Disclaimer

Pasilobus provides Custom Apps "AS IS" and disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Pasilobus does not warrant that the Custom Apps will be error-free or uninterrupted.

15.8 Limitation of Liability

To the fullest extent permitted by law, Pasilobus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Custom Apps, even if Pasilobus has been advised of the possibility of such damages. In no event shall Pasilobus’s total liability to the User for all claims exceed the amount paid by the User for the Custom Apps under the relevant Order Form.

15.9 Indemnification

Users agree to indemnify, defend, and hold harmless Pasilobus and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the User’s use of the Custom Apps or violation of these Terms.

15.10 Governing Law

This section shall be governed by and construed in accordance with the laws specified in Section 17.2 (Dispute Resolution) of these Terms.

16. SUPPORT MEMBERSHIPS

16.1 Provision of Support Memberships

Pasilobus offers Support Memberships (“Support Plans”) to provide Users with ongoing technical assistance, updates, and priority support. Support Plans are detailed in the Order Form and are subject to the terms and conditions outlined herein.

16.2 Types of Support Plans

Pasilobus offers various Support Plans, which may include but are not limited to:

  • Basic Support: Access to standard support services during regular business hours.
  • Premium Support: Priority support with extended hours and faster response times.
  • Enterprise Support: Comprehensive support tailored to large organizations, including dedicated account managers and on-site assistance.

16.3 Subscription and Fees

Support Plans are offered on a subscription basis, with fees outlined in the Order Form. Subscriptions may be billed monthly, quarterly, or annually, as specified. Users agree to pay all fees associated with their selected Support Plan in accordance with the billing terms set forth in the Order Form.

16.4 Support Services Provided

Support Services may include:

  • Technical troubleshooting and issue resolution.
  • Software updates and upgrades.
  • Guidance on using Pasilobus Solutions effectively.
  • Access to a dedicated support team or account manager, depending on the Support Plan.

16.5 Limitations of Support Services

Support Services are provided solely for the use of the subscribing User and are non-transferable. Pasilobus does not guarantee resolution of all issues but will make reasonable efforts to address and resolve reported problems.

16.6 Termination of Support Membership

Users may terminate their Support Membership in accordance with the cancellation terms specified in the Order Form. Upon termination, Users will lose access to all Support Services associated with their Support Plan. Any unused fees for prepaid Support Plans are nonrefundable unless otherwise specified in the Order Form.

16.7 Warranty Disclaimer for Support Services

Support Services are provided "AS IS" and Pasilobus disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Pasilobus does not warrant that the Support Services will be error-free or uninterrupted.

16.8 Limitation of Liability

To the fullest extent permitted by law, Pasilobus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of Support Services, even if Pasilobus has been advised of the possibility of such damages. In no event shall Pasilobus’s total liability to the User for all claims exceed the amount paid by the User for the Support Services under the relevant Order Form.

16.9 Indemnification

Users agree to indemnify, defend, and hold harmless Pasilobus and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the User’s use of the Support Services or violation of these Terms.

16.10 Governing Law

This section shall be governed by and construed in accordance with the laws specified in Section 17.2 (Dispute Resolution) of these Terms.

17. PREMIER SERVICES TERMS AND CONDITIONS

If Subscriber engages Pasilobus for the provision of Premier Services:

17.1 Scope and Retention

Pasilobus will provide the services (collectively, “Premier Services”) indicated and described on an Order Form in exchange for the fees set forth therein (“Premier Services Fees”). The Order Form will describe the scope, fees, nature, and other relevant characteristics of any services being provided by Pasilobus to Subscriber as part of the Premier Services. Such services may include, but are not limited to, training, implementation, configuration, key user and team product utilization enhancement, and rapid response troubleshooting. Pasilobus shall not be obligated to perform any Premier Services until both Parties have mutually executed an Order Form with respect to such Premier Services.

17.2 Performance and Acceptance of Premier Services

17.2.1 Cooperation

Pasilobus and Subscriber agree to cooperate in good faith to achieve satisfactory fulfillment of the Premier Services in a timely and professional manner.

17.2.2 Qualified Personnel

Pasilobus will perform the Premier Services through qualified employees and/or non-employee contractors of Pasilobus (“Subcontractors” and together with Pasilobus’s employees for the purposes of these Supplemental Terms, “Premier Services Personnel”).

17.2.3 Subscriber Responsibilities

Subscriber agrees to provide, at no cost to Pasilobus, timely and adequate assistance and other resources reasonably requested by Pasilobus to enable the performance of the Premier Services (collectively, “Assistance”). Pasilobus, including its Subcontractors, will not be liable for any deficiency in the performance or effectiveness of Premier Services to the extent such deficiency results from any acts or omissions of Subscriber, including, but not limited to, Subscriber’s failure to provide Assistance as required hereunder.

17.2.4 Method of Performance

Pasilobus will control the method and manner of performing all work necessary for completion of Premier Services, including but not limited to the supervision and control of any Premier Services Personnel performing Premier Services. Pasilobus will maintain such a number of qualified Premier Services Personnel and appropriate facilities and other resources sufficient to perform Pasilobus’s obligations under the Agreement in accordance with its terms.

17.2.5 Acceptance of Deliverables

Deliverables shall be deemed accepted by Subscriber in accordance with the terms of the Order Form and upon execution of the Order Form.

17.3 Change Orders

After execution of an Order Form, the Premier Services to be provided under that Order Form may only be changed through a change order mutually executed by the Parties (“Change Order”).

17.4 Representations and Warranties

Pasilobus hereby represents and warrants that: a) The Premier Services provided pursuant to the Agreement will be performed in a timely and professional manner by Pasilobus and its Premier Services Personnel, consistent with generally-accepted industry standards; provided that Subscriber’s sole and exclusive remedy for any breach of this warranty will be, at Pasilobus’s option, re-performance of the Premier Services or return of the portion of the Fees paid to Pasilobus by Subscriber for the nonconforming portion of the Premier Services; and b) Pasilobus is under no contractual or other restrictions or obligations which are inconsistent with the execution of the Agreement, or, to its best knowledge, which will interfere with its performance of the Premier Services.

17.5 Rights to Deliverables; Ownership

The Parties hereby agree that the specified Premier Services to be completed pursuant to any Order Form have as a prerequisite Subscriber’s current subscription to a Pasilobus Service and integration of Subscriber data with and into one or more Services, and therefore the Deliverables are inoperative without an active subscription to a Service. As between the Parties, the Subscriber shall solely and exclusively own all right, title, and interest in the Deliverables related to their store's code changes. Pasilobus recognizes that these code changes are the property of the Subscriber’s store, and these code changes are not transferable or resellable in any form by the Subscriber. However, Pasilobus retains the rights to the original tools, processes, and methodologies used in providing the Premier Services, and the Deliverables cannot be used independently of Pasilobus Services.

18. GENERAL​

18.1 Changes

These Terms are subject to occasional revision, by the Company at any time and in its sole discretion, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

18.2 Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

a) Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

b) Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Pasilobus, 210 8th Ave N Unit 2311 Seattle, WA. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

c) Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

d) Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

e) Time Limits
If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

f) Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

g) Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

h) Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

i) Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

j) Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

k) Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

l) Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Company.

m) Small Claims Court
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

n) Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

o) Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

p) Courts
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the State of Delaware, except where local laws prohibit such a provision. 

18.2 Export

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

18.3 Electronic Communications

The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.

18.4 Third Party Rights

The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of Pasilobus and its officers, directors, employees, agents, representatives, affiliates, third-party providers, and Pasilobus Clients. Each of these parties shall have privity of contract with respect to such terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.

18.5 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

18.6 Headings

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor shall they limit, influence, or otherwise affect the interpretation of the terms and conditions contained herein.

18.7 Severability

The terms and conditions contained herein shall be deemed severable. In the event any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18.8 Copyright/Trademark Information

Copyright © 2024 Pasilobus. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

18.9 Taxes

You acknowledge and understand that Company’s prices, fees, and other charges do not include any taxes which may be applicable to your purchase and or use of the Service. For the avoidance of doubt, the term "Taxes" means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, Value-Added Tax ("VAT"), Goods and Services Tax ("GST"), use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, Company receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claims exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, Company shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, "VAT") chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to Company your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. Company shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide Company all necessary assistance to facilitate the recovery or refund of any VAT paid by Company in relation to the Services to the respective government or authority. You hereby agree to indemnify Company for any Taxes and related costs paid or payable by Company attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse Company for all costs and damages related to any liability incurred by Company as a result of your noncompliance or delay with its responsibilities herein. Your obligation under this Section shall survive any termination or expiration of this Agreement.

18.10 Accessibility

Pasilobus strives to ensure that its services and applications adhere to accessibility standards such as WCAG 2.1 where feasible. However, third-party integrations or custom solutions may not fully meet accessibility requirements. Users are encouraged to report accessibility issues to support@pasilobus.com for evaluation and resolution where possible.

18.11 Contact Information

Pasilobus Inc.
210 8th Ave N 2311
Seattle, WA, 98109
United States of America
support@pasilobus.com