PURE'S TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) are made between Online Classifieds AG, Steinhauserstrasse 74, 6300 Zug, Switzerland, CHE-274.401.166 (“we”, “us”, “our”), and users who (i) use our website https://pure.app/ in its entirety, including all of our subpages, associated sites or pages (“Website”) and/or the PURE mobile or web app, which is accessible through browser on mobile phone, tablet computer and personal computer (“App”) (collectively, “PURE”), (ii) download software for PURE (“PURE Software”), and/or (iii) use, access, or purchase in App products and services provided by PURE (“you”, “User”).
1. Acceptance of Terms and Conditions
Please read the following Terms and Conditions carefully before using PURE.
You acknowledge and agree that the availability of PURE and the PURE Software is dependent on the third party from which you received the PURE Software (e.g., Google Play, Apple App Store, or HUAWEI AppGallery (each, “App Store”)). You acknowledge that the Agreement is between you and us and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before using or accessing PURE or downloading the PURE Software.
If you do not accept and agree to be bound by all the terms of the Agreement and the applicable terms and conditions of the respective App Store, please do not access or use PURE.
2. Modification of the Agreement
We reserve the right to modify, add to, change, or remove parts of the Agreement at any time at our own discretion (“Modifications”).
If the Modifications include material changes to your rights or obligations, you will be notified at least 10 days in advance of the changes via (i) an email sent to the last email address you provided and (ii) a notice of such alterations posted on PURE. If, for any reason, an email sent by us to this email address does not reach you, the email sent will nonetheless be considered an effective notice of the changes being undertaken by PURE.
If the Modifications are not material, we will notify you by posting a notice of such alterations on PURE.
It is your responsibility to provide us with an up-to-date email address and to check from time to time for changes to the Agreement. By continuing to use PURE following the dispatch of an email to you containing notice of changes to the Agreement, or after notice of such alterations was posted on PURE, your binding acceptance of these alterations is constituted, and agreement that such alterations shall automatically come into effect 10 days after our email giving notice to you was sent, or 10 days after notice of the changes was posted on PURE, is given.
Subject to the applicable law, PURE is not available to, and may not be used directly or indirectly by, any person who (i) is not at least 18 years old or older when explicitly required by applicable state laws (referred to as a “minor” hereafter), (ii) lacks the legal capacity to form a binding contract with us, (iii) is barred from using PURE, (iv) has been convicted of a felony or indictable offense, a sex crime, or any crime involving violence, or (v) does not comply with this Agreement, applicable laws, rules and regulations. In that case you are not authorized to create an account or access PURE in any way. No person of legal age may permit or encourage a minor to view or use PURE under any circumstances.
To use PURE, you must have a mobile device that is compatible with the PURE application. We do not warrant that PURE will be compatible with your mobile device.
4. Rights we grant you
We, our subsidiaries, and affiliated companies, own all rights, titles, and interests in any inventions, ideas, discoveries, trade names, logos, domain names, concepts, processes, design methods, trade secrets, know-how, databases, computer programs, work products, and other intellectual property, including related intellectual property rights (including but not limited to patents, copyrights, trademarks, designs, any registration thereof and pending applications therefor), irrespective of their form and whether registerable or legally protectable relating to PURE and the PURE Software (collectively, “Materials”).
Subject to the terms of the Agreement, we hereby grant you a worldwide, non-exclusive, royalty-bearing, revocable, non-transferable, non-sublicensable license to access and use the Materials (“License”). Subject to our express prior written consent, you may not access and use the Materials in any way other than as set out in the Agreement. In particular, and to the extent permitted by applicable law, you may not:
- modify, disassemble, decompile, or reverse engineer the Materials;
- rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Materials to any third party;
- publicly perform or display, transmit, or publish the Materials;
- make copies, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of PURE;
- delete the copyright and other proprietary rights notices on PURE.
With respect to any open source or third-party code that may be incorporated in the Materials, such open-source code is covered by the applicable open source or third-party end user license, if any, authorizing use of such code. Nothing in the Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open-source software.
5. Your account credentials, your interactions with other Users
If you choose to use, purchase in App products and services provided by PURE, or register for an account with PURE, you confirm and warrant that (i) all the registration information you submit is truthful and accurate and (ii) you will keep this information accurate and up to date.
You are responsible for maintaining the confidentiality of your login credentials and for the security of your mobile or other electronic device and are fully responsible for all activities that occur under those credentials. You agree to notify us immediately of any unauthorized or suspected unauthorized use of your PURE account, or any other breach of security.
You are solely responsible for your interactions between your profile and the profiles of other Users. You acknowledge that we do not conduct criminal background checks on our Users or otherwise inquire into the background of our Users.
To the extent permitted by applicable law, you agree that PURE is not liable for any loss or damage resulting from (i) your failure to comply with the above requirements and/or (ii) your interactions with other User profiles. Please note that we reserve the right (but have no obligation):
- to monitor any User’s use of PURE, including registration attempts, and a User’s use of or access to the location information or profiles of other Users;
- to monitor disagreements between you and other Users that result in reporting violations of PURE’s Terms and Conditions;
- to monitor the User submissions (defined in Art. 7 of the Agreement) and communication for any purpose. However, we do not control the User Submissions or communication and you acknowledge that you are solely responsible for all the content or material posted in your User Submissions or included within your conversations, whether sent or received by you;
- to disable any User’s access to PURE, or to close any User’s account, for any reason and without any notice;
- to refuse access to any User for any reason, without notice.
6. Guidelines and prohibited conduct
The License and any authorization to access and use PURE and/or download the PURE Software will be automatically revoked if you fail to comply with the Guidelines. This applies, but is not limited to, if you:
- are not at least 18 years old;
- use PURE for any commercial or non-private use without our prior written consent;
- use PURE in violation of other eligibility requirements set forth in Art. 3 of the Agreement;
- use PURE or any location information obtained from PURE to stalk, harass, intimidate, abuse, defame, threaten, or defraud other Users;
- make use of obscene, offensive, or pornographic materials, or materials that depict minors or are in any way harmful to minors in your PURE account;
- share and publish User Submissions (defined in Art. 7 of the Agreement) that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- send junk messages to other Users, or make unsolicited offers, advertisements, or proposals to them. This includes but is not limited to unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, or requests to sign petitions;
- use PURE for any illegal purpose, or in violation of any law, whether local, state, national, international, or otherwise, including but not limited to laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- create another account, even if yours was already terminated by us in the past, unless you have our exclusive permission;
- access or attempt to access the PURE account of any other User;
- impersonate any person or entity, or falsely claim a connection with any person or entity;
- make any misrepresentation about the source, identity, or content of information transmitted via PURE;
- remove, disable, override, circumvent, interfere with, or in any way defeat the purpose of security-related features of PURE, or make any attempt to do so. This includes security features that prevent or restrict the use of, or copy content accessed through PURE, or features that enforce limitations on the use of PURE;
- deliberately interfere with or damage the operation of PURE, or any User’s full access to and enjoyment of PURE, by any means, including but not limited to introducing or knowingly allowing the introduction of any virus, worm, Trojan, or other malicious code;
- gain or attempt to gain unauthorized access to PURE, or any part of it, or to other accounts, computer systems, or networks connected to PURE, or any part of it, through hacking, password mining or by any other means, or interfere or attempt to interfere with the proper working of PURE or any activities conducted on PURE;
- use or attempt to use any robot, spider, scraper, or other automated means to access PURE for any purpose without our express written prior consent, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PURE, or modify PURE in any manner or form, or use modified versions of PURE for the purpose of obtaining unauthorized access to PURE, or any other purpose;
- post, store, transmit or in any way disseminate, or allow, whether knowingly or not, the transmission or dissemination of any material which is intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, transmit or in any way disseminate or allow, whether knowingly or not, the transmission or dissemination of any material which infringes any patent, design, trademark, copyright, or any other proprietary or intellectual property right;
- use PURE or attempt to use PURE for tracking, locating, navigating, or controlling any person, vehicle or other equipment or machinery, other than locating another User in the course of the bona fide use of the App in accordance with its intended purpose as set out in the Agreement;
- use PURE or attempt to use PURE with any products, systems, or applications installed or otherwise connected to or in communication with vehicles of any sort; or
- use PURE in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or of PURE could lead directly to death, personal injury, or severe physical or property damage.
7. Content submitted by Users
Regarding your User Submissions you affirm, represent, and warrant that:
- you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize PURE to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PURE and the Agreement;
- you have the written consent, release, and/or permission of each and every identifiable natural or legal person in the User Submission to use the personal data (including but not limited to the name or likeness) of each and every such identifiable person to enable inclusion and use of the User Submissions in the manner contemplated by PURE and the Agreement;
- you understand that when using PURE you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
To the extent permitted by applicable law, we assume no responsibility in connection with or arising from any User Submissions. In this context, please note the following:
- We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time we decide, solely at our discretion, to monitor User Submissions, we nonetheless do not assume any responsibility for the content of User Submissions, nor any obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions.
- We do not endorse and nor have any control over the content of User Submissions submitted by other Users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, we reserve the right to prevent you from submitting User Submissions and to edit, restrict, or remove User Submissions for any reason at any time.
- You own all rights, titles, and interests in all intellectual property and any other proprietary rights in and to all of your User Submissions. User Submissions cannot be shared, displayed, or duplicated by any other party other than the User with whom the User Submissions originate, except as permitted under this Agreement.
- You hereby grant, and represent and warrant that you have the right to grant, us an irrevocable, non-exclusive, transferrable, 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 your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in PURE and other services operated by us. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
If you provide any feedback, suggestions, or review to us about PURE (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
We and our licensees may publicly display advertisements and other information adjacent to your User Submissions and Feedback. You are not entitled to any compensation for such advertisements.
8. PURE subscription, subscription cancellation, payments
You should know the following about PURE subscriptions and our recurring payments policy when payment is made:
- To access and use all PURE features, you must activate a subscription. You will always be explicitly informed, stating the final prices and duration of the requested subscription and/or individual service(s), before your selected subscription and or individual service is billed through your provided form of payment. Some users might be granted a free subscription based on our discretion and specific internal criteria.
- After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period.
- All payments made to us are final and all charges are non-refundable.
We occasionally provide special offers with discounts. The terms of each offer are described on the page from which the user can proceed to the payment. Terms, discounts, and offers are subject to change or cancellation at any time without notice.
With an active subscription, the promotional price may be valid either for a limited time or indefinitely. In case the obtained promotional price is indefinite with an active subscription, the price will revert to the standard price once you unsubscribe.
If you have an account set up for recurring billing, you may cancel your subscription at any time. To cancel the subscription, you can follow the procedure to turn off auto-renew in your personal account settings in the mobile app under the “Subscription management” section or by clicking the cancellation link in the subscription menu on the web app. Subscriptions can only be canceled on the same platform they were bought on. Cancellations of your subscription will be effective for the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. Deleting the app or your account is not enough to cancel the subscription.
You will continue to have the same access for any billing period or periods for which you have paid. If your User Submissions or your conduct within PURE violates the Agreement, your access and account may be immediately terminated and all payments forfeited.
Along with the subscription, PURE provides special features, available as in App purchases that will give certain advantages and improve experience. Users are able to purchase a worldwide, non-exclusive, royalty-bearing, revocable, limited, non-transferable, non-sublicensable and personal license to use virtual titles, gifts, coins or any other units that are provided by PURE on the platform and can be exchanged for any other virtual good within the App (collectively, “Virtual Goods”). Every User can always see the balance of Virtual Goods in the settings of their profile, which represents a measurement of the extent of the User's license but does not reflect stored value nor does it constitute a real-world balance. Following the fact that Users' purchased license is revocable, PURE is eligible to terminate the license when an account is terminated or closed according to the provisions of this Agreement. Users are aware and comply with the fact that PURE will neither refund nor is required to refund purchased Virtual Goods for any reason that may occur (whether in the virtual or physical world), meaning all purchases are final and non refundable. Additionally, PURE will neither provide nor is required to provide a refund or any other compensation for Virtual Goods when the User's account is either voluntarily closed or terminated according to the provisions of this Agreement. Virtual Goods can be modified, eliminated, controlled, regulated, managed and adjusted in terms of price by PURE at any time at its sole discretion.
Users that reside in the European Union, European Economic Area or United Kingdom are in accordance with Directive 2011/83/EU, Consumer Contracts Regulations 2013 or any other applicable consumer laws entitled to a full refund of paid subscription during the 14 days after the purchase of the subscription, without stating the reason for it.
a. Subscriptions, payments and refunds via Apple, Google or Huawei
Your rights regarding payment policy and refunds, when purchases of subscriptions and Virtual Goods are handled by Apple, Google or Huawei, can be found in the payment policies of PURE's application providers:
- Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA; please find more information about payment policy here.
- Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; please find more information about payment policy here.
- Huawei Device Co. Ltd., 9 Canton Road, Tsim Sha Tsui, Kwloon, Hong Kong; please find more information about payment policy here.
b. Subscriptions, payments and refunds via Website
- All payments are charged to your registered bank account. Your payment information will be stored and subsequently used for the automatic payments in accordance with your subscription plan and the Agreement.
- In order to exercise any of the rights regarding the subscriptions, payments and refunds via our Website, please contact us by email at [email protected].
9. Third-party sites, products, and services
We may include links to other web sites or services (“Third Party Websites”). We do not endorse any such linked sites or the information, material, products, or services contained on such linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties regarding the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PURE are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on PURE.
Parties other than us may provide services or sell products through PURE. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses, nor the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, or content of these or any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
By using third party applications that connect with PURE (“Third Party Applications”), you acknowledge and agree that we may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. We are not responsible for the transmission of the User Submissions from PURE to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms and conditions and privacy policies of any Third Party Websites or Third Party Applications. We are not responsible for and do not endorse any features, content, or other materials on or available from Third Party Websites or Third Party Applications. We also do not screen, audit, or endorse Third Party Websites or Third Party Applications. Accordingly, if you decide to access Third Party Websites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Websites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Websites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Websites or Third Party Applications.
10. Modifying PURE, termination and the appeal
You acknowledge that we may release updated versions of PURE at any time we deem appropriate, adding new features or enhancements or removing features. You consent to automatic upgrades on your mobile device and agree that the terms and conditions of the Agreement will apply to all such upgrades. You agree that we will not be liable to you for any such modifications.
If we believe in good faith that you have violated any of the terms and conditions of the Agreement or any applicable law, we may terminate any account you have with PURE or your use of PURE or any component thereof and remove and discard all or any part of your account or any of your User Submissions, at any time and at our discretion. You agree that any termination of your access to PURE or any account you may have on PURE, or component thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination.
If you believe that revoking your license, any authorization to access and/or use PURE and terminating your account for failure to comply with our rules on minimum required user age per terms of this Agreement is unjustifiable, please contact us by email at [email protected] or use available in App mechanism to directly appeal the decision. You will have to verify your age and compliance with terms of our Agreement by providing us with a Photographic image of you and your form of identification that can confirm the date of your birth.
You may terminate your account by canceling your subscription as described in section 8 above and deleting your account on the Settings screen in the app under the section My Account/ID.
We (and any third party provider of software, services, or applications made available in conjunction with or through PURE) provide PURE on an “as is” and “as available” basis.
To the extent permitted by applicable law, we grant no warranties of any kind, whether express, implied, statutory, or otherwise with respect to the services, including but not limited to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement of any proprietary rights.
To the extent permitted by applicable law, we and our suppliers and partners do not warrant or represent that:
- PURE will be uninterrupted or error-free, that any errors or defects will be corrected, or that PURE or the server that makes it available and accessible are free of viruses or other harmful components;
- the use or the results of the use of any location information through the PURE Software are safe, secure, correct, accurate, or reliable. You assume the entire cost of any services or equipment necessary to access PURE. You understand and agree that you download or otherwise obtain material or data through the use of PURE at your own discretion and risk.
12. Limitation of liability
To the extent permitted by applicable law, in no event shall we (or our affiliates, subsidiaries, contractors, employees, agents, suppliers, or third party service providers) be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages related to or resulting from (i) the use, disclosure, display, or maintenance of your location information, (ii) your use or inability to use PURE, (iii) PURE generally (including the PURE Software) or systems that make PURE available, or (iv) any other interactions with PURE or any other User of PURE, even if we or an authorized representative have been advised of the possibility of such damages.
To the extent permitted by applicable law, in no event shall your total liability toward us (or our affiliates, subsidiaries, contractors, employees, agents, suppliers, or third-party service providers) for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of PURE (whether in contract, tort, warranty, or otherwise), exceed the amounts paid by you for accessing PURE during the twelve (12) months immediately preceding the date of your claim.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold us (and our affiliates, subsidiaries, contractors, employees, agents, or third-party service providers) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, brought by a third party arising out of or related to (i) your use or misuse of any location information or PURE generally, (ii) any violation of the rights of any other person or entity by you, (iii) any breach or violation by you of the Agreement, or (iv) your use of PURE to meet another User in-person or to locate and attend any offline place or event.
We reserve 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.
If any provision of the Agreement shall be partially or fully invalid or for any reason unenforceable, the validity of the other provisions of the Agreement shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a provision that economically best achieves the objectives of the parties.
A provision of the Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right later to enforce the same. A waiver of any breach of any provision of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Agreement.
We may provide you with notices, including those regarding changes to the Agreement, by email, or postings on PURE.
Without our prior written consent, you are not allowed to assign or transfer all or any part of your rights and obligations under the Agreement. We are permitted to assign or transfer our rights and obligations under the Agreement in their entirety or in part.
All provisions related to or regarding disclaimer, limitation of liability, and indemnification hereby survive any termination of the Agreement or any termination of your use of or subscription to PURE.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by us as set forth in subsequent versions of the Agreement.
20. Governing law
The Agreement shall be governed by and construed in accordance with substantive Swiss law, without giving effect to any laws of conflicts.
To the extent permitted by applicable law, all disputes arising in connection with the Agreement shall be subject to the exclusive jurisdiction of the ordinary courts at our legal seat.
If you have any concerns or require any information regarding the PURE or PURE’s Terms and Conditions, please contact us by email at [email protected].
Alternatively, you can write to:
Online Classifieds AG
Effective date: 15 April 2023
The previous version is available here