1. Your relationship with Pi-Systems
1.1 Your use of pi-Systems’ products, software, services and web sites (referred
to collectively as the “Services” in this document and excluding any services provided
to you by pi-Systems under a separate written agreement) is subject to the terms
of a legal agreement between you and Pi-Systems. “Pi-Systems” means pi-SYSTEMS International
S.A., whose principal place of business is at , 4 Fokianou St., 116 35 Athens, Greece.
This document explains how the agreement is made up, and sets out some of the terms
of that agreement.
1.2 Unless otherwise agreed in writing with pi-Systems, your agreement with pi-Systems
will always include, at a minimum, the terms and conditions set out in this document.
These are referred to below as the “Terms”.
1.3 The Terms form a legally binding agreement between you and pi-System in relation
to your use of the Services. It is important that you take the time to read them
carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not
use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available
to you by pi-Systems in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that
Pi-Systems will treat your use of the Services as acceptance of the Terms from that
point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not
of legal age to form a binding contract with pi-Systems, or (b) you are a person
barred from receiving the Services under the laws of any country including the country
in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms
for your records.
3. Provision of the Services by pi-Systems
3.1 You acknowledge and agree that if pi-Systems disables access to your account,
you may be prevented from accessing the Services, your account details or any files
or other content which is contained in your account.
3.2 You acknowledge and agree that while Pi-Systems may not currently have set a
fixed upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision of any Service,
such fixed upper limits may be set by Pi-Systems at any time, at Pi-Systems’ discretion.
1.3 The Terms form a legally binding agreement between you and pi-System in relation
to your use of the Services. It is important that you take the time to read them
carefully.
4. Use of the Services by you
4.1 In order to access most of the Services, you may be required to provide information
about yourself (such as identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the Services. You agree
that any registration information you give to Pi-Services will always be accurate,
correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the
Terms and (b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any of the Services by any means
other than through the interface and software that are provided by pi-Systems. You
specifically agree not to access (or attempt to access) any of the Services through
any automated means.
4.4 You agree that you will not engage in any activity that interferes with or disrupts
the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement
with pi-Systems, you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that pi-Systems has no responsibility
to you or to any third party for) any breach of your obligations under the Terms
and for the consequences (including any loss or damage which pi-Systems may suffer)
of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality
of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to pi-Systems for
all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account,
you agree to notify Pi-systems immediately.
6. Privacy and your personal information
6.1 For information about pi-Systems' data protection practices, please read pi-Systems
privacy policy here. This policy explains how pi-Systems treats your personal information,
and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with pi-Systems' privacy policies.
7. Proprietary rights
7.1 You acknowledge and agree that pi-Systems own all legal right, title and interest
in and to the Services, including any intellectual property rights which subsist
in the Services (whether those rights happen to be registered or not, and wherever
in the world those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by pi-Systems and that
you shall not disclose such information without pi-Systems’s prior written consent.
7.2 Unless you have agreed otherwise in writing with pi-Systems, nothing in the
Terms gives you a right to use any of pi-Systems’ trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features.
7.3 You agree that you shall not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices) which may be affixed to or
contained within the Services.
8. License from pi-Systems
8.1 pi-Systems gives you a personal, non-assignable license to use the software
provided to you by pi-Systems as part of the Services as provided to you by pi-Systems
(referred to as the “Software” below). This license is for the sole purpose of enabling
you to use the Services as provided by pi-Systems, in the manner permitted by the
Terms.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative
work of, reverse engineer, decompile or otherwise attempt to extract the source
code of the Software or any part thereof.
8.3 Unless pi-Systems has given you specific written permission to do so, you may
not assign (or grant a sub-license of) your rights to use the Software, grant a
security interest in or over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
9. EXCLUSION OF WARRANTIES
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT
pi-SYSTEMS’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
9.3 IN PARTICULAR, pi-Systems DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM
ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL
BE ACCURATE OR RELIABLE
9.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM pi-Systems
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
9.6 Pi-Systems FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND
AND AGREE THAT pi-Systems, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL
NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF
DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE
LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO
LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH pi-Systems MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE pi-Systems WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
10.2 THE LIMITATIONS ON pi-Systems’ LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL
APPLY WHETHER OR NOT pi-Systems HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF
THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Other content
11.1 The Services may include hyperlinks to other web sites or content or resources.
Pi-Systems may have no control over any web sites or resources which are provided
by companies or persons other than pi-Systems.
11.2 You acknowledge and agree that Pi-Systems is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that Pi-Systems is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or available
from, such web sites or resources.
12. General legal terms
12.1 The Terms constitute the whole legal agreement between you and pi-Systems and
govern your use of the Services (but excluding any services which pi-Systems may
provide to you under a separate written agreement), and completely replace any prior
agreements between you and pi-Systems in relation to the Services.
12.2 You agree that pi-Systems may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the Services.
12.3 You agree that if pi-Systems does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which pi-Systems has the benefit of under
any applicable law), this will not be taken to be a formal waiver of pi-Systems’
rights and that those rights or remedies will still be available to pi-Systems.
12.4 If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will be removed
from the Terms without affecting the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
12.5 The Terms, and your relationship with pi-Systems under the Terms, shall be
governed by the laws of Europe without regard to its conflict of laws provisions.
You and pi-Systems agree to submit to the exclusive jurisdiction of the courts of
Athens, Greece to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that pi-Systems shall still be allowed to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any jurisdiction.