TERMS OF USE FOR INKPOSTER DEVICE AND APPLICATION

POCKETBOOK INTERNATIONAL S.A. 

TERMS OF USE FOR INKPOSTER DEVICE AND APPLICATION (END-USER LICENSE AGREEMENT) 

 

Effective as of 31 December 2024 

 

 

  1. General Provisions 

 

  1. These Terms of Use (“Agreement”) shall apply between you and Pocketbook International SA (jointly with its associated businesses also “PocketBook” or “we” or “us” or “our”) to the use of the InkPoster Device (“InkPoster Device”) and InkPoster mobile application (“Application”), including your use and access to all the services (referred together to as the “Services”) provided by us in connection with the InkPoster Device and Application. This Agreement  applies to all personal users, business users, or any others who use InkPoster Device Device, Application and those who received access to the Services. 

 

  1. Please carefully read this Agreement prior to using your InkPoster Device , Application and requesting access to the Services. The same applies to the Privacy Notice, as well as other additional notes or terms applicable to the use of InkPoster Device, Application and Services to which we will continue to draw your attention within the scope of this document. 

 

  1. Be aware, that this Agreement constitutes a binding legal agreement between you and PocketBook. Before using the InkPoster Device and/or Application and/or receiving access to the Services, you must agree to be bound by the terms of this document. If you refuse to be bound by this Agreement, you must stop using InkPoster Device and Application, delete (uninstall) Application from your device, and refrain from using it and our Services. If you are using an InkPoster Device and Application, as well as access the Services on behalf of an organization or company, you represent and warrant that you have the authority to bind such an organization/company by the provisions of this document and you agree to be bound by its terms on behalf of such organization/company. 

 

  1. We may at any time modify this Agreement and other applicable terms, conditions, and conditions of use, in whole or in part, for example, for the following reasons: for legal or regulatory reasons, for security reasons, to further develop, enhance or add to the existing features of our Services, to make technical adjustments and to ensure the future functionality of our Services. If we make any changes, we will notify you within a reasonable period of time and inform you of the rights to which you are entitled. You must agree to be bound by the amended/updated Agreement to continue using the InkPoster Device and Application as well as access the Services. If a change proves to be invalid, void, or unenforceable for any other reason, the validity and enforceability of the remaining changes or conditions shall not be affected. Notwithstanding the foregoing, we reserve the right to make changes to Services terms at any time. In such a case, we will notify you immediately by a notification that will appear in the Application. 

 

  1. Definitions 

 

For the purpose of this Agreement, the following definitions apply: 

 

  1. “Application” means InkPoster iOS/Android application, which is a mobile application for using and controlling an InkPoster Device and uploading to, arranging and managing of InkPoster Device`s Content. 

 

  1. “Content” shall mean digitized images, artworks, photographs, pictures, graphics, and other visual materials. 

 

  1. “InkPoster Content” means Content that PocketBook makes available to you through the InkPoster Gallery, including Content owned by PocketBook or licensed to PocketBook from a third party (excluding User Content). 

 

  1. “InkPoster Device” is a remotely controlled and managed via app Wi-Fi digital picture frame - device with the built-in E Ink display the main purpose of which is to display an uploaded digital Content. 

 

  1. “InkPoster Gallery” is an on-line gallery of InkPoster Content you may purchase (if and to the extent that such option is available via InkPoster Gallery), get access to, and display on your InkPoster Device on the terms specified in these Terms of Use. 

 

  1. “Services” means the provision of customer service, access to InkPoster Gallery and its Content, as well as all other services that we provide or may provide in future to the users of InkPoster Devices and/or Applications. 

 

  1. “Software” means the Application and all related software enabling you to use the Application and Device features (including any updates/upgrades to that software) and any related documentation that we make available to you. 

 

  1. “Supported Device” means a mobile, tablet, computer, or other supported electronic device other than InkPoster Device on which you are authorized to operate the Application and use other related Services. 

 

  1. “User Content” means any Content the user upload to and display on InkPoster Device, whether or not a user owns or created the Content. 

 

  1. Services 

 

  1. The Services allow you to add, remove and arrange your User Content as well as the Content represented in InkPoster Gallery through your Application installed on the Supported Device, for display on a paired InkPoster Device. We grant you a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of Application and to run such copy of the Application solely for the purposes of managing your InkPoster Device. 

 

  1. To upload your User Content to the InkPoster Device, Application will ask your permission to access your Supported Devise gallery with the pictures. Your refusal to provide such a consent will make it impossible to display your User Content on your InkPoster Device. By uploading your User Content, you grant us a license to use your User Content for the purpose of providing the Services. This license is irrevocable, worldwide, perpetual, non-exclusive. Your grant of this license to us does not change your ownership of rights to that User Content, which you continue to own. We do not claim ownership rights in your User Content. 

 

  1. You have initial control over who may access your Content. However, if you share Content on the InkPoster Device that is publicly accessible you agree that anyone you’ve shared the Content with may, for free, use and reproduce such a Content. 

 

 

  1. InkPoster Gallery: InkPoster Content and License 

 

  1. All InkPoster Content is represented in the InkPoster Gallery and is owned by PocketBook or its third-party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of InkPoster Content, except those rights expressly granted by these Terms of Use. Any copying, republication, redistribution, or creation of derivative works based upon the InkPoster Content, without our prior written consent is strictly prohibited. 

 

  1. Subject to your compliance with these Terms of Use, we grant you, to the extent, we are able to do so, a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to upload, access, display on Your InkPoster Device and view, the InkPoster Content. Certain InkPoster Content, represented in the InkPoster Gallery is provided to use on a fee paid basis. Please read attentively all the terms of the chosen InkPoster Content before you use it. 

 

  1. Prohibited Use of InkPoster Content: 

  • You cannot sell or distribute the InkPoster Content (either in digital or physical form). 

  • You cannot use InkPoster Content in any immoral or illegal way, especially Content which features a recognisable person. You cannot use any Content on or in conjunction with anything pornographic, obscene, offensive (including but not limited to in relation to adult entertainment venues, escort services, drug use, dating services, in a way which portrays someone as suffering from, or medicating for, a physical or mental ailment), illegal, immoral, infringing, defamatory, hateful, threatening or libellous in nature, in a political context (such as the promotion, advertisement or endorsement of any party, candidate, or elected official or in connection with any political party or viewpoint) or in breach of any law, regulation or industry code, or in any way which infringes the rights of any person or entity. 

  • You cannot use InkPoster Content in a misleading or deceptive way. You cannot use Content in a way that is misleading or deceptive, including without limit: 

  • by suggesting that any depicted person, brand, organization or other third party endorses or is affiliated with you or your goods or services, unless permission has been granted; or 

  • by giving the impression that Content was created by you, or a person other than the intellectual property rights holder of the Content (including without limitation, by claiming or giving the impression that you hold ownership of, or exclusive rights to, the Content). 

  • You cannot use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark. 

 

  1. We do not approve, control or endorse your or anyone else’s User Content. You are solely responsible for your User Content and the consequences of use, including without limitations uploading and displaying such User Content. By uploading User Content to the InkPoster Device you represent and warrant that: 

  1. you either are the sole and exclusive owner of all User Content or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant us the rights in such User Content contemplated under this Agreement; 

  1. the User Content will not infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and 

  1. any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on InkPoster Device. 

  1. you shall not display on InkPoster Device any Content, as well as you shall not use an InkPoster Content in any manner that: 

  • promotes or creates a risk of physical or mental harm, emotional distress, death, disability, or disfigurement to yourself, any person, or animal; 

  • promotes or creates a risk of harm, loss, or damage to any property; 

  • seeks to harm or exploit children; 

  • is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libelous, or threatening; 

  • discriminates, incites, or promotes discrimination against others based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis; 

  • is sexually explicit or pornographic in nature or contains links to such material; 

  • involves the sale or promotion of illegal activities, products, or services; 

  • is fraudulent or promotes fraudulent activity; 

  • violates the rights of any individual or third party, including their intellectual property and data privacy rights; 

  • contains any information or content that you do not have a right to make available under any law or due to confidentiality, contractual, or fiduciary duties; 

  • contains any information or disinformation that is false, deceptive, or misleading or otherwise promotes, endorses, encourages, or facilitates the spread of false information; 

  • violates any applicable law or promotes activities that are illegal in nature 

  • threatens or undermines democratic processes or institutions. 

 

  1. Use of Software and Usage Restrictions 

 

  1. You may use an Application on your own Supported Device. Additional terms that apply to certain third-party software are contained in the legal or similar sections of the settings menu of your Application. Software that is subject to an open-source license is governed solely by the terms of that open-source license. 

 

To keep your Software up to date, we may provide you with manual updates at any time, where we will obtain your consent via a corresponding button in the course of downloading the update. In case your Supported Device supports the corresponding settings, your Application will be updated automatically. Your failure to accept the proposed updates may result in a limited access to and/or incorrect functioning of Services. 

  1. You are responsible for obtaining equipment such as an InkPoster Device and a Supported Device and paying for connectivity and data plans. We are not responsible for the availability of the Internet or other telecommunication services necessary to access the Application or any Services. 

 

  1. By using the InkPoster Device, you specifically agree that your InkPoster Device may: 

(i) communicate with our servers from time to time to automatically check for available updates, such as bug fixes, critical system updates, patches, enhanced functions, upgrades, missing plug-ins and new versions (collectively, “Software Updates”) and 

(ii) install the Software Updates. Such Software Updates may be in various forms and are provided for the purposes of ensuring the conformity of your Device. Some Software Updates may be provided to you for the purpose of improving the performance of the Device; in this case, you will not incur any fees for the implementation of such Software Updates. 

 

  1. You agree that you must not: 

  • use an InkPoster Device, Application, Software, and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application or any operating system; 

  • infringe our intellectual property rights or those of any third party in relation to your use of the InkPoster Device, Application, Software, and/or Services, including by the submission of any material (to the extent that such use is not licensed by these terms); 

  • transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the InkPoster Device, Application, Software, and/or Services; 

  • use the InkPoster Device, Application, Software, and/or Services in a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users; and 

  • collect any information or data from any Services or our systems, or attempt to decipher any transmissions to or from the servers running any Services. 

 

  1. You agree that you will not, and will not allow any third party to 

  • copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Application, Software, Services, or content that may be presented or accessed through the Application, Software, and/or Services for any purpose, unless otherwise permitted; 

  • take any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality contained in the Application, Software, and/or Services; 

  • use the InkPoster Device, Application, Software, and/or Services to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights; or 

  • remove, obscure, or alter PocketBook’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the InkPoster Device, Application, Software, and/or Services. 

 

  1. Termination 

 

You automatically lose your rights under this End-User License Agreement if you breach any provision of this End-User License Agreement. In the event of such termination, we may immediately terminate your access to the Application and the Services without any refund. If we do not insist on or enforce compliance with the terms of this End-User License Agreement from time to time, this shall not be deemed a general waiver of our rights. 

 

  1. Contact Information 

 

For help with your InkPoster Device, the Application, the Services, or for resolving other issues, as well as for any queries concerning this License Agreement, please contact Customer Service by e-mail: [email protected]. 

 

  1. Privacy 

 

When processing your personal data, we observe the legal requirements. For more information relating to that subject, as well as regarding the legally required information, please see the Privacy Notice that can be accessed on your InkPoster Device or as part of the Application. 

 

  1. Software License and Access 

 

  1. Unless specifically provided otherwise with respect to individual services, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and make use of the Application and, where applicable, InkPoster Content, provided that you comply with this End-User License Agreement and any other applicable terms and conditions of the Services and, if applicable, pay any applicable fees. This right of use does not include the resale of the Application, Software, and/or the InkPoster Gallery or their contents, the collection and use of product and service information, descriptions or prices, the derivative use of the Application, Software, and/or the InkPoster Gallery or their contents, or the use of data mining, robots, or similar data collection and extraction programs. 

 

  1. PocketBook, its licensors, suppliers, publishers, rightholders, or other content providers reserve all rights not expressly granted to you in this License Agreement, or the terms, or the license of any Services. No Application, Software, and/or Services or any part thereof may be reproduced, duplicated, copied, sold or resold without our express written consent. 

 

  1. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PocketBook without our express written consent. You may not use any meta tags or any other “hidden text” utilizing PocketBook’s name or trademarks without our express written consent. 

 

  1. You may not misuse the InkPoster Device, Application, Software, and/or Services. You may use the Application, Software, and/or Services only as permitted by law and this End-User License Agreement. The rights granted by PocketBook to use the Application, Software, and/or InkPoster Content are terminated if you do not comply with this End-User License Agreement or any other applicable terms and conditions of service. 

 

  1. With regard to the use of third-party services made accessible via the InkPoster Device or the Application, the respective terms of use/terms and conditions of the third-party provider shall apply. PocketBook is not responsible for these third-party services. PocketBook does not check these services nor does PocketBook adopt these services or their respective contents as its own. 

 

  1. Open-source software. The Application and/or Software may include open-source software components. Components affected by open source may be identified by the text of the corresponding license. The corresponding open-source license terms will be available in the settings of the Application. Open-source software is subject to the applicable open-source terms of use. This License Agreement applies only to the extent that its provisions do not conflict with the terms of the open-source licenses. If the terms of the open-source license so require, we will provide you (by download) with the source code of the relevant components in the form of a fully machine-readable archived copy of the relevant source code. If no such downloadable archived copy is available, PocketBook will, at your direct request within three (3) years, make a printout of a fully machine-readable copy of the applicable source code for a fee not exceeding the cost of sending the source code. 

 

  1. You acknowledge that 

  • the InkPoster Device, Application, Software, and/or Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and 

  • PocketBook owns all rights, title, and interest in and to the InkPoster Device, Application, Software, Services, and Content, excluding End-User content provided by you, that may be presented or accessed through the Application, including without limitation all intellectual property rights therein and thereto. “Intellectual property rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. 

 

  1. PocketBook will not be liable for any failure to perform, caused by circumstances beyond its reasonable control, including, without limitation, acts of God, acts of war, pandemic, or government action, provided it promptly notifies the other party and uses reasonable efforts to correct its failure to perform. 

 

  1. Account 

 

To access the features of the Services, you have to register for an account in the Application. When you register for an account, you may be asked to provide us with some information about yourself (such as your e-mail address and name). You may need an account to use the InkPoster Device, Application and certain Services, such as access InkPoster Content in the InkPoster Gallery. You are responsible for ensuring the confidentiality of your account and password, and for restricting access to your InkPoster Device, Supported Devices, computers, and mobile devices. You are responsible for any use and/or other activity that occurs under your access data as permitted by law. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If ever you think that your account may no longer be secure, you need to notify us immediately at [email protected]. You agree to notify us immediately of any unauthorized use of your account or any breach of security with respect to your account including your password. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. 

 

  1. Copyright Complaints 

 

We respect the intellectual property rights of others. If you suspect that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]. 

 

  1. Liability and Warranty Disclaimers 

 

  1. The InkPoster Device, Application, Software, and Services are supplied on an “as is” and “as available” basis, without any warranties express or implied. Your use of the InkPoster Device, Application, Software, and Services is at your sole risk. PocketBook does not guarantee and is not responsible for the proper quality, performance, and functionality of any third-party software or its compatibility with the InkPoster Device, Application, Software, and Services. PocketBook provides no guarantee that the InkPoster Device, Application, Software, and Services do not contain errors or bugs. PocketBook does not guarantee the suitability of the InkPoster Device, Application, Software, and Services for a user-defined purpose, nor does it guarantee that the InkPoster Device, Application, Software, and Services will meet the personal requirements and expectations of the user or analogs and standards that are not described in this  Agreement, accompanying documentation (if any), or on our website. PocketBook does not guarantee the proper operation of the InkPoster Device, Application, Software, and Services with incorrect or damaged files, and is not responsible and liable for the correct operation of third-party files. 

 

  1. We will always endeavor to ensure that the InkPoster Device, Application, Software, and Services are available without interruption and that transmissions are error-free. Due to the nature of the Internet, however, this cannot be guaranteed. Access to the InkPoster Device, Application, Software, and other Services may also be interrupted or restricted from time to time to enable repairs, maintenance, or the introduction of new features or services. We will attempt to limit the frequency and duration of any such temporary interruption or limitation. Nevertheless, PocketBook has no obligation to provide maintenance or installation services of any kind, or error corrections, bug fixes, patches, updates, or other modifications to the Application. In the event that PocketBook provides any such fixes to you, they will be considered part of the Application and will be subject to the terms and conditions set forth herein. 

 

  1. You expressly understand and agree that PocketBook, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential, or exemplary damages that may be incurred by you through your use of the InkPoster Device, Application and/or Services, including any loss of data or damage to your device, whether or not PocketBook or its representatives have been advised of or should have been aware of the possibility of any such losses arising. 

 

  1. With respect to the InkPoster Device and Application, PocketBook further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. 

 

  1. To the extent that PocketBook’s liability is excluded or limited, this also applies to the personal liability of its affiliates, employees, representatives, and vicarious agents. 

 

  1. You agree that you are solely responsible for (and that PocketBook has no responsibility to you or to any third party for) your use of the InkPoster Device, Application, Software, and/or Services, for any breach of your obligations under this  Agreement, and for the consequences (including any loss or damage which PocketBook may suffer) of any such breach. You agree that you are solely responsible for any damage to your InkPoster Device and/or Supported Device or loss of data that results from such use. 

 

  1. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless PocketBook, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the InkPoster Device, Application, Software, and/or Services, including your downloading, installation, or use of the InkPoster Device, Application, Software, and/or Services, or your violation of this  Agreement. 

 

  1. Applicable Law. Place of Jurisdiction. Partial Invalidity. Settlement of Disputes 

 

  1. The law of Switzerland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. 

 

  1. If any claims, causes of action, or disputes with us arise out of or in connection with this License Agreement or PocketBook, such claims shall be subject to the exclusive jurisdiction of the competent court in Lugano, Switzerland. 

 

  1. If you are a consumer habitually resident in the EU, you are also protected by the mandatory provisions of the law of your country of residence. You may file claims under this License Agreement arising from consumer protection standards either in Switzerland or in the EU Member State in which you reside. 

 

  1. Should any individual provision of this License Agreement be invalid, the License Agreement will remain effective in all other respects. Instead of the invalid provision, the relevant statutory provisions shall apply. 

 

  1. The European Commission provides a platform for online dispute resolution which can be found at the following link: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer redress body. 

 

  1. Entire Agreement. Governing Language 

 

  1. This Agreement represents the entire agreement between you and PocketBook with respect to the InkPoster Device, Application, Software, and Services, and replaces all and any previous or provisional arrangements on the subject matter hereof. 

 

  1. Any translation of this Agreement shall only be made to comply with the requirements of local applicable law. Should there be any discrepancies between the English version and versions in any other languages, the English version of the License Agreement shall prevail to the maximum degree, unless expressly prohibited by local laws.