Terms of Service

Last updated: November 28, 2024

1. Agreement to Terms

Welcome to Puhana! These Terms of Service ("Terms") govern your access to and use of the Puhana website, mobile application, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

By using the Service, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including if you violate these Terms.

4. User Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Impersonate any person or entity
  • Harass, abuse, or harm another person
  • Share your account credentials with others
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots, scripts) to access the Service
  • Copy, modify, or distribute any content from the Service without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove or alter any copyright, trademark, or proprietary notices

5. Intellectual Property Rights

5.1 Our Content

The Service and its original content, features, and functionality are owned by Puhana and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

5.3 Your Content

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content in connection with operating the Service.

6. Free Service and Future Pricing

Puhana currently offers free access to all features. We reserve the right to:

  • Introduce paid subscription plans in the future
  • Limit certain features to paid subscribers
  • Change pricing at any time with advance notice

If we introduce paid plans, we will provide notice and you will have the option to upgrade or continue using any available free tier.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy or completeness of content
  • Warranties that defects will be corrected

We do not guarantee that you will achieve any particular learning outcomes by using the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUHANA SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Any damages arising from your use or inability to use the Service
  • Any damages resulting from unauthorized access to your account or data

Our total liability shall not exceed the amount you paid us in the 12 months prior to the event giving rise to liability, or $100, whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless Puhana and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

11. Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party services.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on the Service
  • Updating the "Last updated" date
  • Sending you an email notification (for significant changes)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the Service.

We may suspend or terminate your access to the Service immediately, without notice, for any reason, including if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Cause harm to other users or the Service

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved in the courts of Ontario, Canada. You irrevocably consent to the exclusive jurisdiction and venue of such courts.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Puhana regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions about these Terms, please contact us:

  • Email: legal@puhanah.com
  • Website: puhanah.com
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