Before using our services, please read these Terms & Conditions which establish the rules governing and applying to the services provided by us (“Services”) through our website, currently located at https://palko.ai (“Website” or “Platform”), together with any successor website(s) thereto, and form a legally binding agreement between you and PALKO, Intelligent Digital Solutions, Lda. (“PALKO”). The Services may include content and media identification and data and, in some cases, access to related “Third Party applications and/or sites” that can be used in conjunction with the Services (namely, but not limited to, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers).
PALKO is a platform owned and operated by PALKO, Intelligent Digital Solutions, Lda., a company with registered address at Rua Odette de Saint-Maurice, no. 3 K, Floor -1, Esc J 1700-921 Lisbon, and with taxpayer number 516713477.
When these Terms &Conditions make reference to “we”, “us”, “our” or “PALKO”, it shall be deemed to be Palko,Inc.”. Whereas references to “you”, “your” or “user” will refer to both you, as an individual, and the organization (if you are an individual accessing the website on behalf, or for benefit of any corporation, partnership or other entity with which you are associated with).
Your use of (including any access to) the website is governed by these Terms &Conditions, regardless of how you access the website (including via the internet, through a mobile network or otherwise).
These Terms &Conditions are supplemented in all that is not herein provided for, by the Privacy Policy which may be accessed on https://palko.ai/ and which must be expressly accepted when registering with us.
You acknowledge that by accessing and using the Website, you have read, understood and agreed to these Terms &Conditions and to any additional terms, conditions, rules and guidelines that we post on the Website, or otherwise make available to you. These Terms hereby incorporates by this reference any such additional terms, conditions, rules, and guidelines. We may make changes to these Terms from time to time, and we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms &Conditions on the Website (you can ascertain when we last changed these by referring to the “LAST UPDATED” section above).
Your continued use of the Website following any alteration to these Terms will constitute your acceptance of such alterations. PALKO may, at any time and without liability, modify or discontinue all or part of the Website; refuse to provide any user with access to the Website; charge, modify or waive any fees that may eventually be required to use the Website; or offer opportunities to some or all Website users.
PALKO has a mission to help audience-dependent professionals to take a leap step on their online growth and audience exposure. Such professionals typically belong to industries where career breakthrough and plain sustainable livelihood is historically difficult – e.g. Artists and Stage Professionals.
Palko technology processes and metaforms multiplies the entire industry available data, both semantically and linguistically, to create the most precise and optimized bit of content that can reach the right consumer, at the right moment. Through the use of Neural Network Data Analysis (NEDA) it is possible to elect potential users that may benefit from such exposure in the most meaningful way.
In order to use parts of the Platform and our Services, you will be required to register by providing personal details such as [Name, Date of Birth, Phone Number, Email, etc.] as Registration Data, depending on your User Profile. Your password should be kept confidential; you are responsible for any use or misuse of your username and password and you must promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
Once your account is created, you will be able to access the platform and make use of the resources available to the profile you have selected.
PALKO is not required to accept a person as its User. Additionally, PALKO has the exclusive right to, at any time, suspend, block, interrupt or terminate your account or, in whole or in part, your access to or use of the Website, particularly in management, maintenance, repair, modification or update operations or to terminate, temporarily or definitively, in whole or in part, at its discretion and without notice the Website.
You agree and acknowledge that PALKO shall not be liable before you or any third party for any termination of your access to and use of the Website.
You agree and acknowledge that some information you provide may be subsequently disclosed on the Website to achieve the aims of the Services, in accordance with the applicable legislation on privacy and data protection, as better explained in the Privacy Policy.
The User is obliged to make use of the Website in a responsible, cautious and careful manner. PALKO expects Users to respect the rights and dignity of others. The User must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility thereof or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or which may imply, but are not limited to, a (i) violation of third party rights, (ii) offensive acts towards public order, including threatening, malicious, abusive, offensive, defamatory, harassing, obscene or indecent acts, or (iii) the promotion of hatred, violence or racial, political or religious intolerance.
You are not allowed to make available or disseminate information, contents or any unsolicited or unauthorized content such as SPAM or content which belong to third parties and which you do not have the right to use, such as, for example, copyrighted content or content that contains personal data of third parties.
Website visitors and Users may make available certain materials and content through or in connection with the Website, including on the Website’s interactive services, such as message boards, profiles and other forums, and commenting and other messaging functionality. PALKO has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of these materials and content.
You are expressly forbidden from using the Website to make available or disseminate any material that contains or may contain virus, worms, defects, trojan horses or other item or computer codes, files or programs that may interrupt, destroy or limit the functionality of any computer system or equipment or communications equipment or which may adversely affect PALKO’s image or reputation.
You agree not to use or launch (or attempt to) any automated system (including, without limitation, any non-authorised bots, robots, spider or any automated process) that may cause any limitations to the Service or with the intent of manipulating or taking over the Service.
You agree not to interfere with our Service (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service, misuse or interfere with the Services, namely, but not limited to, through usage of reverse-engineering, decompiling, disassembling, modifying or creating derivative work.
You must not conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without express written prior consent of PALKO.
You must not reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, lease, loan, timeshare or otherwise exploit any portion of, use of or access to the Website or its content, without Palko’s express prior written consent.
You represent and warrant that all information you provide in connection with the Website is and will remain true, accurate and complete, and you will maintain and update such information regularly as needed. If you choose to make any of your personally identifiable or other information publicly available on, through or in connection with the Website, you do so at your own risk.
Failure to comply with such rules may result in the termination of your right to use the Website and the Services.
PALKO may place AdWords and advertising (advertising or other marketing and promotional material) on the Platform as well as other useful information related to the Website or the Services.
Certain Website functionalities may make available access to information, products, services and other materials made available by third parties. Furthermore, the Website may contain links to other entities’ platforms or websites. These platforms do not belong, are not operated nor controlled by PALKO and PALKO is therefore not liable nor responsible, and it does not control or approve the content of such platforms or of platforms linked or referred thereto. The insertion of links does not imply, in any case, the existence of relations, endorsement or affiliation between PALKO and the owner or manager of the web page to which the link refers to. Use of these links is the sole responsibility of the Users.
PALKO may, under no circumstances be liable for any content related to the Services provided to you, any loss or damage of any kind arising out of the use of the Services. PALKO shall not and may not be responsible for checking all information contained in or related to the Services. Nevertheless, you acknowledge that PALKO or any authorized third party may, in its sole discretion, remove any information or data which does not comply with the present Terms &Conditions.
Your privacy is extremely important to Palko. You can learn how your information and personal data is handled when you use our Services and Website by accessing our Privacy Policy , which is an integral part of these Terms &Conditions.
PALKO will put its best efforts into ensuring that the Website does not have any type of virus or other related elements which may be dangerous to the User’s computer or mobile device. However, since PALKO cannot fully control the information flow on the Internet, it cannot guarantee that it does not contain any type of virus or other elements that may damage your computer or mobile device.
In order to ensure security of the Website, PALKO may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity or quality of the Website, including restrictions or limitations of access.
PALKO may suspend, block, stop or cease access to the Platform, for all or only one or more Users, in the
following cases:
• When necessary due to technical, strategic, legal or business constraints;
• When
necessary to ensure the security of, namely, communication channels, equipment or information;
• When it has
strong suspicions of fraudulent or abusive use by you or a third party including the use of robot, spider,
crawler, scraper, or other automated means or interface to access the Platform or extract other users’
information;
• When required by its management, maintenance, repair, modification or update operations of the
equipment, systems or any of the Website’s functionalities;
• In other circumstances duly justified,
including, in particular, in the event of non-compliance by you of your obligations under these Terms
&Conditions.
PALKO has the exclusive right to, at any time, permanently or temporarily, in whole or in part, at any time and at its discretion, shut down the Website or any of its functionalities without prior notice.
PALKO will put its best efforts to provide the User the best possible Services. However, it does not guarantee that PALKO will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at [email protected] and we will attempt to correct the fault promptly.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUSIVE OF ANY WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTY OF UNINTERRUPTED SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
PALKO MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS, ADVICE, RECOMMENDATION OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, PRECISE, COMPLETE, OR FREE FROM ERRORS OR RELIABLE, OR (IV) THE QUALITY OF THE PLATFORM, FUNCTIONALITIES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE WEBSITE, AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.
IN NO EVENT WILL PALKO, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE FOR ANY LOST PROFITS, LOST REVENUES, LOSS OF REPUTATION OR GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING). THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN ADDITION TO THE ABOVE MENTIONED, PALKO SHALL NOT BE LIABLE FOR DAMAGE OR LOSSES OF ANY KIND THAT MAY RESULT
FROM:
• DEVICES USED BY YOU WHICH ARE NOT PROVIDED BY PALKO TO USE THE PLATFORM (SUCH AS TELEVISIONS,
COMPUTERS, TABLETS AND MOBILE PHONES);
• USE OR INABILITY TO USE THE PLATFORM, INCLUDING, IN PARTICULAR,
DELAYS, INTERRUPTIONS, ERRORS, INTERFERENCE AND SUSPENSION OF COMMUNICATIONS, OMISSIONS, TROJAN HORSES, VIRUSES,
BUGS, AND DAMAGES AND/OR MALFUNCTIONS;
• RELIANCE ON OTHER SOCIAL MEDIA PLATFORMS;
• DELAYS OR USAGE
BLOCKAGES CAUSED BY DEFICIENCIES OR OVERLOADS OF THE INTERNET OR OTHER ELECTRONIC SYSTEMS;
• SUSPENSION,
MALFUNCTION OR UNAUTHORIZED USE OF THE SERVERS ON WHICH THE PLATFORM IS HOSTED;
• DELAYS, INTERRUPTION,
INCORRECT FUNCTIONING OR MALFUNCTION OF THE SYSTEMS AND THIRD NETWORKS WHICH CONNECT TO THE PLATFORM; AND
•
ILLEGITIMATE ACTIONS OF THIRD PARTIES.
NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE ANY RESPONSIBILITY THAT PALKO MAY HAVE AND WHICH CANNOT BE LIMITED OR EXCLUDED UNDER THE APPLICABLE LAW OF PORTUGAL.
PALKO reserves the right to amend, modify, update or remove, in whole or in part, at any time, without prior notice and with immediate effect these Terms &Conditions.
You should review these Terms &Conditions from time to time in order to confirm if any updates or changes were made hereto.
Your continued use of the Platform after any such changes constitutes your acceptance of the Terms &Conditions as amended. If you do not agree to abide by these or any future Terms &Conditions, you should not use nor access (or continue to use or access) the Website.
These Terms &Conditions shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising from these Terms &Conditions shall be settled by the courts of Lisbon, Portugal, with express waiver of any other, to the maximum extent permitted by the applicable law.
If any section, term or provision of these Terms &Conditions is held invalid or unenforceable by a competent court of the country you live in, such invalidity shall not affect the validity or operation of any other section, term or provision, and such invalid section, term or provision shall be deemed to be severed from these Terms &Conditions.
These Terms &Conditions constitute the entire agreement between you and PALKO and govern the Services and use of the Website.
You may also be subject to additional terms and conditions which may be applicable when using third party services, software or content.