Updated: 2 May 2018
Updates to Terms of Service and Changes to the Service.
Piocaro may change the Terms and conditions at any time. A notification of such change(s), as well as the revised Terms itself, will be posted on our Website. You will be responsible for regularly checking the Website and for reviewing any changes to the Terms. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Not Investment Advice
The Services are for factual, informational purposes only and do not constitute investment advice or an investment recommendation offered by Piocaro. Piocaro is not registered with the Securities and Exchange Commission (SEC) nor with the Australian Securities & Investments Commission (ASIC) as an investment advisor or a broker-dealer. You agree and acknowledge that Piocaro, its employees and its agents, are not financial advisors, financial planners or broker-dealers, and each cannot advise you or your clients through the Services or otherwise. If you reside in Australia see RG244B for more details.
You agree and acknowledge that Piocaro makes no representation as to the suitability of the Services for any purpose, and Piocaro will not be held liable in any way for any consequences or damages that may arise through your use of the Services. You agree and acknowledge that if you choose to make any investment decisions for you or your clients in reliance on information you receive from the Services, you do so at your own risk and based on your own independent judgment. You agree and acknowledge that Piocaro may modify the Services from time to time.
You may be required to create an account (an "Account") with us to use certain portions of the Service. If you are required to create an Account, your Account will be for your individual, personal and non-commercial use only, and you may not authorise others to use your Account for any purpose. In creating your Account, you certify that all information you provide will be complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person's account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and all activities that occur under your Account or password. We retain the right to cancel your account for any reason, or refuse your account creation request.
Billing. You can add paid capabilities/features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we'll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.
Trials. New users can try the Services at no cost via a limited trial subscription. Users are restricted to one trial per 24 months, and approval of a trial is at our sole discretion.
Payment method. Payments are done via credit card and are processed by Stripe, a third party payment service. Credit card details are not stored on Piocaro's systems.
No Refunds. You may cancel your Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or downgrade it to the free Account.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We reserve the right without liability to terminate or restrict these Terms or your Account, or your access to or use of the Service or Website, with or without notice, for any reason, including but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Service or Website. All decisions regarding the termination of these Terms or your Account shall be made by us in our discretion. We reserve the right to suspend or terminate your access to the Services with notice to you if you don't have a Paid Account and haven't accessed our Services for 12 consecutive months. We are not required, and may be prohibited, from disclosing to you the reason for termination of these Terms or your Account. Upon termination of these Terms for any reason, those provisions in these Terms which, by their nature survive termination, shall survive termination in accordance with their respective terms.
Our Proprietary Rights
We and our licensors retain exclusive ownership of the Service and Website and all content and materials provided in connection with the Service and Website, and all related intellectual property rights. We retain exclusive ownership of any data that is collected by us or our business partners through the operation of the Service or Website, but excluding your personal information.
Subject to your full compliance with these Terms, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Service in legally authorised jurisdictions for your personal, non-commercial use on any personal computer or supported device you own or control. We reserve all right, title and interest in and to the Service and Website, subject only to the limited license granted to you above. In addition, we reserve the right to terminate this license at any time.
User Guidelines and Restrictions
You agree that you will not in connection with your use of the Service or Website:
- Collect or store personally identifying information about other users for commercial or unlawful purposes;
- Impersonate any person or entity;
- Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service or Website;
- Engage in any activity which may compromise the stability or availability of the Service or Website or use the Service or Website to compromise the availability or stability of any third party site or service;
- Use the Service or Website for any unsolicited advertising or promotions;
- Decompile, dis-assemble, modify, translate, adapt, reverse engineer, create derivative works of or sublicense the Service or Website, or any portion thereof;
- Circumvent any security measures or any payment collection methods employed on or through the Service or Website, or access or use the Service or Website after your Account, these Terms or your access has been terminated or suspended by us;
- Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;
- Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website, Service or any third party software, site, equipment or service;
- Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which we deem improper in accordance with our guidelines and policies;
- By-pass the measures we may use to prevent or restrict access to the Service, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
Third Party Links
Opinions, advice, statements, offers or other information or User Content made available through the Service by other members or users are those of their respective authors, and should not necessarily be relied upon. These members and users are solely responsible for their content.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE DO NOT (A) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE BY MEMBERS OR USERS OF THE SERVICE; OR (B) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY MEMBERS OR USERS THAT APPEARS THROUGH THE SERVICE.
WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY VIRTUAL PROPERTY OR DATA RESIDING ON OUR SERVERS.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF $500. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us, our parent, subsidiaries and affiliates, and ours and their equity holders, directors, officers, employees, agents, contractors, licensors and licensees harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or Website, or any breach or violation of these Terms.
You understand that the Service is being provided from the United States. You represent and warrant that (a) you are not located in, and are not accessing the Service from, a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting country"; and (b) you are not listed on any US Government list of prohibited or restricted parties.
No delay or failure to take action under these Terms shall constitute any waiver by us of any provision of these Terms.