Terms of Use

01Introduction

These Terms of Use (“Terms”) govern your use of pavask.com and of the web applications, SaaS services and progressive web apps operated by Pavask, including their support services (together, the “Services”).

The Services are provided by Pavask Technology LLC, a company registered in the Republic of Armenia at 2 Nar-Dos Street, Yerevan, Armenia (“Pavask”, “we”, “us”, “our”).

By creating an account, making a purchase or otherwise using the Services, you enter into a binding agreement with us on these Terms. If you do not agree to these Terms or to our Privacy Policy, please do not use the Services.

02Product Terms

Each Service may have its own additional terms (“Product Terms”). Product Terms are published in or alongside that Service, or shown to you before you sign up or buy. They may cover, for example:

• features and how the Service works;
• subscriptions, pricing, trials, renewals, cancellations and refunds;
• rights in the content you create or upload;
• rules specific to that Service;
• statutory information for consumers, such as the right of withdrawal.

Product Terms form part of your agreement with us together with these Terms. If Product Terms conflict with these Terms, the Product Terms apply to that Service.

03Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Services or to the law. The effective date at the top shows when they were last changed. If the changes are material, we will notify you in the Services or by email before they take effect.

Changes do not apply retroactively and do not affect rights you have already acquired. If you do not agree to the updated Terms, stop using the Services and delete your account. Otherwise, continuing to use the Services after the changes take effect means you accept them.

04Eligibility

You must be at least 16 years old to use the Services, and not prohibited from using them under the laws that apply to you. If you are under the age of majority where you live, you confirm that your parent or legal guardian has agreed to these Terms on your behalf. A Service may set a higher minimum age in its Product Terms.

If you use the Services on behalf of a company or another organisation, you confirm that you are authorised to accept these Terms on its behalf.

We may ask you to confirm your age. If we reasonably believe you do not meet these requirements, we may suspend your access.

05Your account

Some features require an account. When you register, you must give accurate information and keep it up to date.

You are responsible for keeping your login details secure, including the one-time codes we send to your email. You are also responsible for all activity under your account. If you suspect unauthorised access, tell us immediately at support@pavask.com.

Accounts are personal. You may not sell, transfer or share your account with others unless the Product Terms allow it.

06Paid features

Some Services or features are free. Others are offered for a one-time fee or on a subscription basis. The price, billing period, trial conditions, renewal, cancellation and refund rules are set out in the Product Terms and shown at checkout before you pay.

Payments are processed by Polar Software, Inc. (“Polar”), which acts as the merchant of record and reseller of our Services. When you buy through Polar, you also accept Polar’s Checkout Buyer Terms. Polar is responsible for charging you, for applicable taxes and for issuing receipts.

Nothing in these Terms limits any rights you have as a consumer under the mandatory laws of your country of residence.

07Our content and licence

The Services and everything in them are owned by Pavask or our licensors and are protected by intellectual property laws. This includes:

• software, design, text, graphics, logos and trademarks;
• data and reports we generate (together, “Our Content”).

While you comply with these Terms, we grant you a licence to use the Services and Our Content for the purposes for which we provide them. The licence is personal, limited, non-exclusive, non-transferable and revocable. Unless we have authorised it in writing or the Product Terms allow it, you must not:

• copy, modify, distribute, sell, rent or sublicense the Services or Our Content;
• decompile, reverse engineer or try to extract the source code of the Services, except where the law expressly allows it;
• remove or alter copyright, trademark or other proprietary notices.

08Your content

You may send messages, images, voice recordings and other content through the Services (“User Content”). You keep all rights you have in your User Content.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process and display your User Content. We use it only as needed to operate, provide and support the Services for you. The licence ends when your User Content is deleted from the Services, subject to the retention periods in our Privacy Policy. Product Terms may describe further details.

You confirm that you have the rights needed to share your User Content, and that it does not break the law or these Terms.

09Acceptable use

You agree to use the Services lawfully and not to:

• use the Services for any illegal, fraudulent or harmful purpose;
• infringe the intellectual property, privacy or other rights of others;
• upload or send content that is hateful, harassing, violent, obscene or sexually explicit, or otherwise unlawful;
• send spam or unsolicited messages, or impersonate any person or organisation;
• provide social media accounts or other data that you have no right to use;
• upload viruses or malicious code, or interfere with the security or operation of the Services;
• access the Services by automated means (such as bots or scrapers) without our permission;
• circumvent limits, access controls or payment mechanisms;
• resell or commercially exploit the Services without our written consent.

If you break these rules, we may remove content and suspend or terminate your access (see Section 14).

10Third-party services

The Services may link to, or work with, third-party websites, platforms and services. Examples are social networks, payment providers and app stores.

• We do not control these third parties and are not responsible for their content, availability, policies or practices.
• Your use of them is governed by their own terms and privacy policies.
• Unless we expressly say so, Pavask is not affiliated with or endorsed by any third-party platform that the Services work with.

11Availability of the Services

We work to keep the Services available and to improve them. We may add, change or remove features, or discontinue a Service. If a change significantly affects a paid Service you are subscribed to, we will give you reasonable notice. Product Terms may describe what happens to your subscription in that case.

To use the Services you need a compatible device, an up-to-date web browser and an internet connection. You are responsible for these, and for any internet or data charges. We cannot guarantee that the Services will work on every device or browser, or that they will be uninterrupted or error-free.

12Disclaimer of warranties

To the extent permitted by law, the Services are provided “as is” and “as available”. We make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will meet your requirements or achieve any particular result.

This section does not affect any statutory rights that cannot be excluded under the law that applies to you.

13Limitation of liability

To the fullest extent permitted by law, Pavask and its officers, employees, contractors and partners are not liable for any indirect, incidental, special, consequential or punitive damages. This includes loss of profits, revenue, data or goodwill arising from or related to your use of, or inability to use, the Services.

To the fullest extent permitted by law, our total liability for all claims relating to the Services is limited to the greater of:

• the amount you paid for the Service concerned in the 12 months before the event giving rise to the claim; or
• USD 100.

We are not liable for any loss caused by your breach of these Terms, or by third-party services and platforms.

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or intentional misconduct;
• any other liability that cannot be limited or excluded under applicable law.

14Suspension and termination

You may stop using the Services at any time. You can delete your account in its settings or by emailing support@pavask.com. Deleting your account does not by itself cancel a paid subscription. Cancel it as described in the Product Terms.

We may suspend or terminate your access to all or part of the Services in the following cases:

• you seriously or repeatedly break these Terms or the Product Terms;
• the law or a competent authority requires it;
• it is needed to protect the Services, our Users or third parties from harm, fraud or security threats.

Where reasonable, we will notify you in advance and give you a chance to fix the problem.

Sections of these Terms that by their nature should survive termination will continue to apply. These include intellectual property, limitation of liability and governing law.

15Governing law and disputes

These Terms are governed by the laws of the Republic of Armenia.

If you have a complaint, please contact us first at support@pavask.com. We will try to resolve it amicably. Disputes that cannot be resolved this way will be decided by the competent courts of Yerevan, Armenia.

If you are a consumer, this choice of law and courts does not deprive you of the protection of the mandatory laws of your country of residence. You may also bring a claim in the courts of that country where the law allows it.

16Miscellaneous

• Entire agreement. These Terms, the Product Terms and the Privacy Policy form the entire agreement between you and us regarding the Services.
• Assignment. You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer ours to an affiliate or to a successor in a merger, acquisition or sale of assets, provided this does not reduce your rights.
• Severability. If any provision is found invalid or unenforceable, the rest of these Terms remain in effect.
• No waiver. If we fail or delay to enforce a right, we have not waived it.
• Language. These Terms are written in English. If we provide a translation and it differs from the English version, the English version prevails, unless the law requires otherwise.

17Contact us