Terms & Conditions

Terms of Use

These terms and conditions (Terms) of use apply to your use of the Pingar website and use of our services. Your use of the Pingar website is also subject to the Privacy policy outlined above. You acknowledge and agree that in entering or using the Pingar website you have familiarised yourself with and agree to be bound by these terms. If you have any questions about these Terms, the Pingar website or the services, please contact us here at www.pingar.com

 

We may change these Terms from time to time at any time by posting the amended terms. You acknowledge and agree that all changes will become effective from the date that they are posted and you shall be deemed to have accepted them as from the time and date that they are posted. Your continued use of or access to our services constitutes acceptance of these changes.

 

Pingar System

 
Pingar has created a system which provides a search platform delivering dynamic reports from a user’s natural language search query. Our system is initially available free for software developers who register to build applications based on the Pingar’s core technology.

 

Keys

 
As a software developer, the Pingar API will provide you with a Pingar-assigned licence key (“Developer Key“). The Developer Key will limit your access to the Pingar API by the number of Calls that can be made to the API and the number of documents that can be served by the API, as advised by Pingar from time to time.

 

Once you have developed an application, you may apply for an Application Key. This Application Key shall remove the restrictions on your access to the API but you will require pay fees (as determined from time to time by Pingar) for the use of the API. Payment will be calculated either on the basis of the number of Calls made to the API of the volume of data submitted (measured by bandwidth). A schedule of these fees will be available on our website and may be amended by us at any time at our discretion. Failure to make any payments due to Pingar may result in us suspending and/or terminating our services to you and we may exercise all remedies and rights available to us in law or equity.

 

Your use of Pingar

 
You are responsible for maintaining your use of the service, and you are responsible for describing the service according to our guidelines below and as provided to you from time to time. Pingar may change or remove your access to any service we provide that it considers unlawful, inappropriate or otherwise likely to cause damage to Pingar.

 

If you use Pingar’s service on a developer basis, you also agree to the following:

 

• When displaying or utilizing Pingar’s content on your site or within your application, you agree to display Pingar’s logo and not to make any changes to the shape and size of the Pingar logo.
• When a reader clicks on the Pingar logo you agree to hyperlink that logo directly to our website at www.pingar.com

 

Posting Users

 
You are a posting user if you submit content to the Pingar service for contextual analysis using your Developer Key, Application Key or using our service through our software (browser extension, API or server plugin). This definition covers manual submission or automated submission by using the service. By accessing our services, you represent and warrant that the Content you have submitted:

 

 

• is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or increase the search engine rankings of other websites, or to further unlawful acts including phishing, or mislead recipients as to the source of the material;
• does not contain or install viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar malware, software or programmes that may damage the operation of the website or operation of another’s computer or property of another;
• does not violate or attempt to violate the security or integrity of our website;
• is accurately classified and/or describes the type, nature, uses and effects of the materials (in the case of Content that includes computer code), regardless of whether Pingar has requested you do so.

 

 

You acknowledge and agree that Pingar may retain a copy of content and metadata submitted by you or that is generated by your use of our service. You also grant Pingar a non-exclusive, perpetual, sub-licensable, royalty-free licence to use such data. Please see our privacy policy above which outlines our obligations in relation to use of such information.

 

 

Retrieving Users

 
If you use any suggested content retrieved through software connecting to our service (standalone application, browser extension, API or server plugin), you are a retrieving user. You represent and warrant that in accessing the Pingar service, you will use suggested content in the form provided and not change its size, scheme or format and will not alter linking, credit or references that we provide. You acknowledge that you will not attempt to retrieve content by the submission of Developer Keys or Application Keys which are not your own.

 

 

Content

 
In using our services, all users acknowledge and agree that Pingar has not and is not able to review all content displayed stored on available on its website. Consequently, it shall not be responsible or liable for any content or detrimental use or effect of such content. If Pingar believes that any content is inaccurate, defamatory, objectionable or offensive or may give rise to any potential claim, it may return such information to you. You acknowledge and agree that in this case, Pingar shall not be liable for any harm resulting from use of its service.

 

 

End Users

 
You acknowledge and agree that your will use your best endeavours to inform your end users to whom you display Pingar suggestions about licenses of content as advised by Pingar. This includes displaying license information during the authoring process and inclusion of correct attribution and other information mandated by license with pieces of content when they are used.

 

 

User Restrictions

 
Whether you are a posting or retrieving user, you acknowledge and agree that:

 

• If you publish, syndicate or otherwise transmit any content containing, enhanced by or derived from metadata generated by Pingar and content enhancements you will use you best efforts to credit Pingar in an approved manner in the post of the content. These credits must not be intended to mislead, spam, spoof, phish or otherwise deceive downstream consumers of your content.
• You will not use any metadata and content enhancements produced by Pingar to create a metadata and content enhancements retrieval service similar to Pingar.
• You will only resell the software "as is" (i.e. without development) where such software is a specific solution developed by Pingar for certain programmes (as advised by Pingar from time to time).
• If you are an ISP or other provider of Internet connectivity you cannot use Pingar in conjunction with any effort to track, monitor or analyze user behaviour in any manner.
• You will not use our website and services in an unlawful manner or any manner that may interfere with the use of our services by any other person.
• Any content you have submitted is not fraudulent, obscene, libellous, defamatory or objectionable, and does not violate the privacy, proprietary or intellectual property rights of any third party, or is harmful to the business of Pingar.
• If there are any unauthorized uses of your account or any other security breaches, you must immediately advise Pingar. Pingar will not be liable for any acts or omissions by you, including any damages or liability of any kind incurred as a result of such acts or omissions.

 

 

Your account

Access to your Pingar account is by your designated username and password. You may change your password at any time. If you forget your password, we will send you an email containing a new password.

 

 

You are responsible for ensuring that no unauthorised access is obtained through your account. You will be exclusively liable for all activities conducted through your account whether or not authorised by you until such time as we are notified of the unauthorised use. If we have reason to believe that there is likely to be a breach of security, misuse of the website, any unlawful activity or breach of these terms and conditions or privacy policy, we may suspend and/or terminate your account without notice.

 

 

Termination

 
Without limiting any of the above representations or warranties, we have the right (but not the obligation) to, in our sole discretion (i) refuse to provide our services to you if we reasonable believe that you have violated the User Restrictions referred to above, or (ii) immediately terminate or deny access to and use of our services to any person or entity for any reason, in our sole discretion.

 

 

We may terminate your access to all or any party or our services at any time, with or without cause or notice, effective immediately. If you wish to terminate this Agreement you may simply cease using our service. All provisions of these terms and conditions shall survive termination including without limitation warranty disclaimers, indemnities, intellectual property provisions and limitations of liability.

 

 

Intellectual Property

 
You represent and warrant to us in relation to all material submitted to the website, that the material does not contain or infringe the intellectual property rights (copyright, trademark, brand etc) of any third parties and that you have the right to use the material. You warrant that prior to downloading or uploading any material, you have obtained the consent of the copyright holder if required.

 

 

These terms and conditions do not transfer any of Pingar’s or any third-party intellectual property to you. All right, title and interest in Pingar’s logos, graphic, trademarks and other intellectual property shall remain with Pingar. Although Pingar may use third party intellectual property, your use of our website does not grant you any licence or right to reproduce or otherwise use any Pingar or third party intellectual property.

 

 

Indemnity

 
You agree to keep us, our contractors, our licensors and their respective directors, officers, employees and agents indemnified against all claims, actions, losses and expenses of any nature arising out of these terms or your use of the website or our services including without limitation any third-party claim for intellectual property infringement in relation to your access to or use of the Pingar website or any tortuous liability.

 

 

Warranties

 
You agree that we are providing our services on "as is" basis and we and our suppliers and licensors disclaim all warranties of any kind (express or implied) including fitness for purpose, merchantability and non-infringement.

 

 

We will provide access to the website and use reasonable endeavours to ensure that the website operates reliably and consistently, but we do not guarantee that the website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of: any interruption of the website however caused; suspension or termination of your access to the website or cancellation of your account; system outages or malfunctions by your service provider and/or other third parties; or your use of the website.

 

 

We will not be liable to you under the law of tort (including negligence), contract or otherwise for any direct, indirect or consequential loss or damage, arising out of or in connection with the performance or non-performance of any of our obligations under these terms or otherwise out of your use of the website or our services.

 

 

Correct and Current Information

 
You are responsible for ensuring the information you provide us is correct, complete and current. We are not responsible for any loss or claim arising from your failure to ensure such information is correct, complete and current. We will send relevant invoices and notices, if and as required under these terms to the email address nominated by you. It is your responsibility to ensure that you keep us informed of any changes to your contact details. You will be deemed to have received a notice sent by email at the time that we send it.

 

 

Security / Confidentiality

 
When transmitting and dealing with your personal information over the Internet, you acknowledge that the Internet is not a secure environment. Although we have physical, electronic and managerial processes in place to protect our website and the information we collect via our website or email, we cannot guarantee that your information will be secure, confidential and free from unauthorised access or security breaches. Accordingly, you acknowledge and agree that we are not liable for any unauthorised access damage or loss that may occur or for correcting or restoring your account which may have been damaged by reason of the unauthorised access.

 

 

Complaints

 
If you have a complaint relating to the website you should contact us here: info@pingar.com

We aim to provide a written response to all complaints within 10 business days.

 

 

GENERAL TERMS

Entire Agreement

 
These terms (including any terms or policies explicitly incorporated by reference) amounts to the whole of the arrangement between you and us relating to your use of the website or our services. These terms replace any prior related agreements and understandings between you and us.

 

 

No Waiver

 
No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by any party will be a waiver, or in any way prejudice any right, of that party.

 

 

Severability

 
If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.

 

 

Subcontracting

 
We may subcontract to any third party all or part of our obligations under these terms.

 

 

Jurisdiction

 
Please be aware that when you use this website, you are responsible for complying with the laws in the place where you access the website.

 

 

Billing and Refund Policy

 

How does the billing work?

 

Once you sign up for a paid-for PINGAR API account based on PINGAR’s published pricing plans, you will be billed on a monthly basis from the day after the creation of your account. The subscription is paid for in advance.

 

 

When I upgrade my Sandbox account to a Pricing Plan account, when will I be charged the additional amount?

 

When you upgrade from a Sandbox account to a paid plan, you will be charged the next day for the proceeding month. If you upgrade your plan from another paid plan, you will be billed for the new plan amount on your next billing date (shown on your Account page).

 

 

If I decide to cancel my account, can I get a refund for the remainder of my twelve month subscription period?

 

We do not give refunds for part months used, just as we don't charge for part months when you decide to upgrade. Your subscription period runs for 12 months from the date of sign-up. Your credit card will be charged for the full period on the monthly pricing plan you have signed up to.