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Terms Of Usage

MYPAX TERMS AND CONDITIONS

By accessing or using MYPAX, you agree to be legally bound by Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use MYPAX.

1. GENERAL INFORMATION

1.1 These MYPAX Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user (the “user,”“you,” and “your”) accessing the communication software application ‘MYPAX’, the website available at (the “App”), and the related services (collectively, “MYPAX”) and the owner and operator of MYPAX, namely, MYPAX INC. having a business address at 818 18th Street, NW, Suite 410, Washington, D.C. 20006, the United States of America (“we”, “us”, and “our”). These Terms outline the terms and conditions of your use of MYPAX.

1.2 License to use MYPAX. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use MYPAX pursuant to these Terms.

1.3 Disclaimer. Although we regularly monitor the information available on MYPAX, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.4 Third-party links. MYPAX may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.5 Age limitations. These Terms must be accepted by persons who are at the age of majority in their jurisdiction. The App can be used by children under the age of 18, provided that a parent or legal guardian of the minor grants a permission and provides the required child’s information.

1.6 Privacy and other relevant terms. The documents that include important provisions regarding your use of MYPAX and should be read and interpreted together with these Terms are our Privacy Policy which describes in detail how we handle personal data collected through MYPAX and other individual terms and conditions made available by us on MYPAX.

2. USER ACCOUNT

2.1 Registration of the Account. In order to use the full functionality of MYPAX and permit your child to use the App, you must register a user account (the “Account”). Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Policy. You are responsible for remembering and keeping for your own records your access credentials. Your Account is not transferable and you are solely responsible for any activities occurring through your Account. We reserve the right, at our sole discretion, to refuse registration of any Account for any reason whatsoever.

2.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that: 

  • You will comply with these Terms and all applicable local, national and foreign laws, treaties, and regulations in connection with your use of MYPAX;

  • You will provide true, accurate, and up-to-date information, including personal data; and

  • You are a human individual (Accounts registered by automated or non-human means are not permitted).

2.3 Security of the Account. You are solely responsible for maintaining the confidentiality of your Account. You agree to immediately notify us about allegedly unauthorized use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using MYPAX. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.

2.4 Deletion of the Account. At any time, you may delete your Account through the dashboard of your Account or by contacting us. Upon deletion of the Account, these Terms shall terminate.

2.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of MYPAX seriously or repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.

2.6 Commercial communication. If we have your email address, we may, from time to time, send you information about MYPAX and our services. You will receive our newsletters, messages, and emails in the following instances only:

• If we receive your express(“opt-in”)consent to receive marketing messages;or
• If you ask us to send you information about MYPAX;or
• If we decide to send you information closely related to services already used by you.

2.7 Opting-out. You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our emails or by contacting us directly.

2.8 Service-related notices. If necessary, we will send you important informational messages, such as confirmation receipts, password recovery, technical emails, and other administrative updates. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.

3. FEES AND PAYMENTS

3.1 The Fees. Your use of certain functionalities of MYPAX is subject to the applicable service fees (the “Fees”). The schedule of the Fees and the terms related thereto are made available on MYPAX. The Fees remain valid for as long as they are featured on MYPAX. The Fees are subject to a change with a notice to you (if you hold an active service contract with us) or without a notice to you (if you do not hold an active service contract with us). By concluding a service contract with us (i.e., ordering paid services), you agree to pay the Fees in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment the service contract is concluded. If we cannot charge your payment method, your access to the paid services shall automatically terminate. All information about the Fees paid by you, invoices, is available through your Account.

3.2 Taxes. Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and other duties.

3.3 Payment processing. All payments related to MYPAX are processed by our payment processors Apple and Stripe. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.

3.5 Refunds and chargebacks. We do not issue refunds for any Fees paid, unless we are required by law to do so. Your access to paid services will be terminated immediately upon receipt of a chargeback request.

4. MONITORING

4.1 Your child’s messages and all information transmitted through the App (the “Messages”) will remain confidential at all times. All monitoring of the Messages is conducted automatically for the sole purpose of notifying you about the Messages containing information that you specify. This means that we employ technology that scans the Messages without intervening in them. We do not access, examine the Messages, or disclose the content of the Messages to others. We will inform you of the Messages that contain flagged words only. You can manage your word flag library easily to set privacy settings that you are comfortable with. Where the Messages contain personal data, we process such personal data only to comply with our contractual obligations to you.

5. PERMITTED USE

5.1 MYPAX is available worldwide. It is your responsibility to assess whether your use of MYPAX is in compliance with local laws and regulations.

5.2 MYPAX cannot be used in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

  • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;

  • Intellectual property (e.g., copyright or trademark) infringement;

  • Any unauthorized access to geographically blocked content;

  • Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;

  • Promotion or encouragement of terrorist activities of any sort;

  • Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;

  • Fraud;

  • Provision of false, inaccurate, or misleading information;

  • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;

  • Spreading ethnically, racially, or otherwise objectionable information;

  • Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;

  • Disseminating information about the acts that may result in injuries and physical harm

  • Posting of content that depicts or incites others to commit acts of violence;

  • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening MYPAX;

  • Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues with cash prizes, and sweepstakes;

  • Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;

  • Using or authorizing third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);Interfering with or abusing other users of MYPAX;

  • Using bots, scripts, and other automated methods; and Collecting and disclosing any information about other users of MYPAX.

5.3 Breach of the Terms. If we believe, at our sole discretion, that your use of MYPAX violates these Terms and it is appropriate, necessary or desirable to do so, we may:

  • Send you a formal warning;

  • Temporarily or permanently prohibit your Account or use of MYPAX;

  • Report you to public authorities; or

  • Commence a legal action against you.

6. USER-GENERATED CONTENT

6.1 When you use MYPAX or your child uses the App, you or your child may submit various content, including, without limitation, text, photos, videos, content, graphic content, links, messages, and files (collectively, the “User-generated Content”). The availability to post the User-Generated Content may be limited. We reserve the right to change, invoke, or introduce new limitations at any time, at our sole discretion.

6.2 We will use the User-generated Content for the purposes of operating MYPAX, providing the requested services, and carrying out our legitimate business interests. Where the User-generated Content is confidential by its nature (e.g., the Messages), we will not breach such confidentiality obligations.

6.3 You understand and agree that, in order to ensure the security of MYPAX, we may, but have no obligation to, monitor the User-generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-generated Content, in whole or in part, that violates these Terms or may harm the reputation of MYPAX.

6.4 The User-generated Content includes author’s personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.

6.5 The User-Generated Content is stored in the cloud storage owned and operated by third parties. We take no responsibility if the User-Generated Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of the User-Generated Content at all times.

7. INTELLECTUAL PROPERTY

7.1 Our Content. Most of the content available on MYPAX, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third Page 4 of 7 parties, or use any manual or automated means to scrape any content available on MYPAX.

7.2 The MYPAX brand. You may not use the brand, the word or figurative trademarks associated with MYPAX, us, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

7.3 Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on MYPAX may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.

7.4 Copyright infringement claims. If you have any grounds to believe that any content available on MYPAX violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

8. AVAILABILITY AND FORCE MAJEURE
We put reasonable efforts to ensure that MYPAX is always accessible to you. However, the availability of MYPAX may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of MYPAX caused by such factors.

9. DISCLAIMER OF WARRANTIES

9.1 We provide MYPAX on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of MYPAX or other content featured on or accessed by using MYPAX, whether provider by us or by third parties, and hereby disclaim all warranties regarding MYPAX and its operation.

9.2 It is your sole responsibility to verify and assess the fit for the purpose of MYPAX prior to using it and to decide whether or not MYPAX fits for the intended use.

9.3 By using MYPAX, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. You cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

9.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

10. LIMITATION OF LIABILITY

10.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of MYPAX, any content made available through MYPAX, whether provided by us or by third parties, any transactions concluded through MYPAX, or use of MYPAX for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

10.2 This Section 10 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

11. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of MYPAX, or your violation of any law or the rights of a third party.

12. SEVERITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

13. GOVERNING LAW AND DISPUTES
13.1 Governing law. These Terms shall be governed and construed in accordance with the laws of the District of Columbia, the United States, without regard to its conflicts of law provisions.

13.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Singapore.

13.4 This Section 13 does not affect any statutory rights that you are entitled to as a consumer.

14. MISCELLANEOUS
14.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.

14.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on MYPAX. If we have your contact details, we will send you a notification about the amendments. Such amendments may be necessary due to new features of MYPAX, changes in the requirements of laws, regulations, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of MYPAX after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through MYPAX, availability of MYPAX, equipment needed for access or use, materials available on MYPAX, and any other features of MYPAX at any time, at our sole discretion.

14.3 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting or ceasing to use MYPAX.

14.4 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

14.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of MYPAX.

15. CONTACT

If you have any questions about these Terms, please contact us by using the following contact details:
Email: [email protected]
Postal address: MYPAX INC., 371 Cedarbrook Ct, Venice, FL 34292, the United States of America