EFFECTIVE DATE: NOVEMBER 20, 2018

Acceptance of Terms 

By using Pobu.ca (hereinafter “Service”), and all other services of Pobuca Ltd, you or the entity that you represent (hereinafter “You”) are agreeing to be bound by the following terms and conditions (collectively the “Agreement”), which also incorporate by reference our Anti-Spam Policy, Privacy Policy, and other guidelines, rules, or policies that Pobuca Ltd may from time to time establish and post on this website. Note that if Pobuca Ltd is involved in a merger, acquisition, or sale of all or a portion of its business or assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or the Agreement, as a result of the above.

Violation of any of the terms below will result in the termination of your Account. While Pobuca Ltd prohibits illegal or rude conduct and Content on the Service, you understand and agree that Pobuca Ltd cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

You understand that Pobuca Ltd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

Please read this Agreement carefully before using our Service. You must be of legal age to enter into a binding agreement in order to accept the Terms. By registering you agree to be bound by this Agreement.

If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Service immediately.

Modification of the Agreement

Pobuca Ltd reserves the right to update and change the Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Agreement at any time by clicking the link in the footer of the website.

Description of Service

Satisfying customers’ needs and managing corporate contacts are the main focus of every company. A new application named Pobuca, comes to the rescue of those modern executives who need to get out of the office, providing remote access-via mobile or web- to a unified corporate telephone directory that can be shared by all employees.

Featuring a single company contact management system in the cloud with Web application and automated synchronization to mobile devices and native mobile apps, Pobuca will become each company’s private business phonebook that will help working teams retain control of contacts, connect on the go and get things done. The result; a common reference list and increased productivity for everyone.

Pobuca is FREE and allows businesses to easily create their own private phonebook and with just a few clicks, invite their co-workers. Pobuca users can search their contacts effortlessly through a centralized search with smart filters and classifications, add or edit records, set favorites for quick viewing, match contacts with companies or even manage orphan contacts.

Designed to follow the common business structure “Companies with associated contacts”, Pobuca offers initial import of records via excel template, and its future paid version will support connectors for real-time communication with external systems (such as CRM etc.) and enable them to create marketing lists, send email & SMS campaigns and many more.

Features & Functionalities:

Access - available everywhere you work, on the web, iOS, Android.

All in one - Maintain all contacts in a unified address book.

Import data - Easy initial data entry from excel template or mobile address book.

Invite co-workers - Send an invitation to co-workers within your organization /company.

Team access- Co-workers join the company phonebook and automatically see the records that exist in it.

Easy & fast Search - Search or filter, add new contacts or edit existing contacts easily

Manage Orphan & Favorites Contacts - Smart contact management for contacts that are not related to accounts. New contacts created when using the application are automatically marked as favorites.

Share Records via Email / SMS – Send contact information to someone else outside your company in vCard format.

Filter & Order Options - Smart filters to help you find data easily. Plus, records can be sorted using various fields.

Offline Sync – Work even when you are not connected to the Internet.

Notice Specific to Documents Available on this Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Pobu.ca website or any other Pobuca Ltd owned, operated, licensed or controlled site. Elements of Pobuca Ltd websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Pobuca Ltd website may be copied or retransmitted unless expressly permitted by Pobuca Ltd.

Pobuca Ltd AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Pobuca Ltd AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Pobuca Ltd AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pobuca Ltd AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software

The Agreement does not grant a license to any software except to the extent required for you to use the Service. Except to the extent that applicable laws prevent Pobuca Ltd from asserting every possible property right, you may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service, or found at or through the Service or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Service or any Software; reproduce or copy the Software or the Service or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Pobuca Ltd.

In no event shall Pobuca Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Service.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Pobuca Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, Pobuca Ltd MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Pobuca Ltd DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Pobuca Ltd PRODUCTS.

Trademark

You acknowledge and agree that the Service, the Software, the Pobuca Ltd company names and logos, all related product and service names, design marks, logos, and slogans, and all other material, including marketing content, comprising the Software or the Service, are the property of Pobuca Ltd or its affiliates or suppliers (collectively, the “Trademarks”). Unless stated otherwise, all Trademarks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties owned by Pobuca Ltd or by other parties that have licensed their material to Pobuca Ltd .You are not authorized to use any of the Trademarks in any advertising, publicity, or any other commercial manner without the prior written consent of Pobuca Ltd .Your use of the Service confers no title or ownership in the Service, the Software, or the Trademarks and is not a sale of any rights in the Service, the Software, or the Trademarks. All ownership rights remain in Pobuca Ltd or its third party suppliers, as the case may be.

The look and feel of the Service is copyright ©2015 Pobuca Ltd, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design elements without the express written permission from Pobuca Ltd.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any information, software, products or services obtained from the Service.

Service and Support

1. The Service is offered and is only available to persons who can execute legally binding contracts under applicable laws. If you do not qualify for this reason, your use of the Service provided by this website is expressly prohibited.
2. The Service enables websites of any size organization to register website visitors, collect and retrieve visitor contact data, and to develop and deliver email communications with visitors and others, such as customers, that are included in a contact list.
3. Pobuca monitors and meters the number of email messages sent by users and the number of kilobytes of data transferred. Pobuca account holders may send as many messages as they want. We must inform you that in case the messages are sent by cell phone, user will be charged the standard sms rate without Pobuca Ltd making any profit out of it.
4. The Service is available once you register.
5. New users must register on the site in order to use the Service. You must provide true, accurate, current, and complete information as requested in the registration process. As a member of an entity such as an organization or a company you must sign up for user accounts by providing your corporate contact information and in particular your corporate email address. It is the only way you can have access to all contacts and information that the administrator of your entity uploads or updates. As part of the registration process, you will designate an email address, username, and password for your Pobuca account. You are responsible for maintaining the security of your account username, passwords, and files. You are responsible for all uses of your account obtained through your account or name. Pobuca Ltd reserves the right to refuse registration of, or to cancel, accounts it deems inappropriate for any reason. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Pobuca Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pobuca Ltd or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
6. Multiple users are not allowed to use the same user account in Pobuca. Your login may only be used by a single person.
7. In your use of the Service, you will maintain a policy that complies with all applicable privacy laws and that is at least as stringent as our Privacy Policy (as modified by Pobuca Ltd from time to time). You acknowledge that all personal information that you provide to us has been collected with the relevant individual’s consent, and that you have informed the individual of the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Service. You acknowledge that we may store the personal information that you provide to us on servers located anywhere in the world, and you warrant that you have obtained the consent of the relevant individuals to the storage and transmission of their personal information in this manner.
8. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
9. You acknowledge and understand that Pobuca Ltd makes no guarantee that HTML messages sent using the Service will be displayed properly on all recipients’ email programs since HTML is generated differently by the various HTML generation tools available. However, make every reasonable effort to ensure that all email messages sent through our servers follow popularly accepted standards. Pobuca Ltd does recommend the W3C HTML standards to achieve the best results.
10. All rights not expressly granted are reserved.
11. The Service may contain materials produced by third parties or that link to other websites. Such materials and websites are provided by third parties and are not under Pobuca Ltd 's direct control. Pobuca Ltd accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Service). You acknowledge that Pobuca Ltd is entitled to require you to remove any link from another website to the Service which you install without obtaining Pobuca Ltd 's prior written consent.
12. You may not resell or subcontract the Service.
13. You may not use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Communication Services

The Service may contain chat areas and forums. Pobuca Ltd has no obligation to monitor the Communication Services. However, Pobuca Ltd reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Pobuca Ltd reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Pobuca Ltd reserves the right to disclose any information at all times, as Pobuca Ltd deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Pobuca Ltd's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Pobuca Ltd does not control or endorse the content, messages or information found in any Communication Services and, therefore, Pobuca Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Pobuca Ltd spokespersons, and their views do not necessarily reflect those of Pobuca Ltd.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Pobuca Ltd) of other Pobuca customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Pobuca Ltd does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Pobuca Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pobuca Ltd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Pobuca Ltd to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and Pobuca Ltd and govern your use of the Service, superceding any prior agreements between you and Pobuca Ltd (including, but not limited to, any prior versions of the Agreement).

No Unlawful or Prohibited Use

As a condition of your use of the Service, you may not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner that could damage, disable, overburden, or impair any Pobuca Ltd server, or the network(s) connected to any Pobuca Ltd server, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Pobuca Ltd server or to any of the Service’s, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You may not violate any applicable local, state, national or international law; and you may not create a false identity to mislead any person as to the identity or origin of any communication. Pobuca Ltd reserves the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.

You must not violate or attempt to violate the security of our website or the Services. You must not hack into the website, Pobuca Ltd 's computer systems, or the computer systems of other users of the Service. Hacking means unauthorized access, malicious damage, and/or interference, and includes without limitation, mail bombing, propagating viruses, worms, or other types of malicious programs, deliberate attempts to overload a computer system, and broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pobuca Ltd, or any other Pobuca Ltd service. Pobuca Ltd may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pobuca Ltd customer, employee, member, or officer will result in immediate account termination.

Materials Provided to Our Site

We do not claim ownership of the materials you provide to Us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting us, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all our Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by this Agreement, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Service. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Pobuca Ltd will have the right to block access to or remove such content made available by you if Pobuca Ltd receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Pobuca Ltd for this purpose.

For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Service, click here.

If you wish to protest any blocking or removal of content by Pobuca Ltd, you may e-mail us at hello@pobu.ca

Unsolicited Idea Submission Policy

Pobuca Ltd or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Pobuca Ltd.’s products or marketing strategies might seem similar to ideas submitted to Pobuca Ltd. So, please do not send your unsolicited ideas to Pobuca Ltd or anyone at Pobuca Ltd. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Pobuca Ltd makes no assurances that your ideas and materials will be treated as confidential or proprietary. We must note that from time to time you will be asked to make suggestions on how to make the Pobuca experience more pleasant to you. We then expect your opinions about our application and anything you like or dislike and wish that we improve it.

Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

Subscription to Beta Service

Pobuca Ltd may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that Pobuca Ltd has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Pobuca Ltd will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. Pobuca Ltd reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Pobuca Ltd will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Organization/Company Accounts and Administrators

In the free edition of the Service, as the first user who signs up for an account for your organization or company you will be the administrator of your entity’s account. In the paid version of the Service, when you sign up for an account for your organization or company, you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization/company account. If your organization/company account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization/company. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization/company account.

You are responsible for: i) ensuring confidentiality of your organization/company account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization/company account comply with this Agreement. You understand that Pobuca Ltd is not responsible for account administration and internal management of the Service for you.

You are responsible for taking necessary steps for ensuring that your organization/company does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@pobu.ca provided that the process is acceptable to Pobuca Ltd. In the absence of any specified administrator account recovery process, Pobuca Ltd may provide control of an administrator account to an individual providing proof satisfactory to Pobuca Ltd demonstrating authorization to act on behalf of the organization. You agree not to hold liable for the consequences of any action taken by Pobuca Ltd in good faith in this regard.

Communications from Pobuca Ltd

The Service may include certain communications from Pobuca Ltd, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

If Pobuca Ltd receives a complaint from any person against you with respect to your activities as part of use of the Service, Pobuca Ltd will forward the complaint to the administrator/s of your organization/company account. He/They will respond to the complainant directly as soon as possible and copy Pobuca Ltd in the communication. If the administrator/s not respond to the complainant within 10 days from the date of Pobuca Ltd’s email to you, Pobuca Ltd may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Pobuca Ltd to the complainant.

Limitation of Liability

YOU AGREE THAT Pobuca Ltd SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Pobuca Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to indemnify and hold Pobuca Ltd, its officers, directors, employees, suppliers, and affiliates harmless from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Pobuca Ltd.

Renewal Terms

Your initial subscription period will be specified in your Order, and your subscription will not be automatically renewed. If you add products during the Subscription Term, the fees for these additional products will be pro-rated, unless otherwise indicated in your Order.

If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.

No Early Termination; No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the Pobuca subscription during your Subscription Term.

If your paid subscription expires, we may choose to continue to make available to you our Free Services, and you will continue to be subject to this Agreement for as long as you have access to a Pobuca services and apps.

Termination

1. You may terminate this Agreement at any time by clicking on “deactivate account”. Pobuca Ltd will not delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of this Agreement that, by their nature, should survive termination will survive termination, including without limitation, ownership, warranties, disclaimers, and limitations of liability.
2. Pobuca Ltd may terminate this Agreement or the delivery of the Service at any time with or without cause, and with or without notice. Pobuca Ltd shall have no liability to you or any third party because of such termination. If Pobuca Ltd terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
3. If you do not log into your account for more than 365 days, the account will become inactive. When at our sole discretion an account is classified as inactive, Pobuca Ltd will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM Pobuca's DATABASE.

Miscellaneous

1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
2. Pobuca Ltd and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Pobuca Ltd in any respect whatsoever.
4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
5. The Agreement shall be governed by the laws of Greece. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Athens, Greece.

System Requirements ANDROID 4.2 and iOS 8

It is understood that in order to use the Services, a modern browser, such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+ as well as a reliable connection to the Internet is required, The Service may work in a limited manner on other web browsers or earlier versions of the previously mentioned browsers. The Service is not designed for use on web browsers other than those recommended above.

Availability of the Website and Services

From time to time, system down-time, either scheduled or unscheduled, may occur. Pobuca Ltd will work within reason to ensure this amount of down time is limited. Pobuca Ltd will not be held liable for the consequences of any down time. Pobuca Ltd cannot guarantee that any file or program available for download and/or execution from or via the Service is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Service, and you release Pobuca Ltd entirely of all responsibility for any consequences of its use.

Force Majeure

Pobuca Ltd will not be liable for failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond Pobuca Ltd.’s reasonable control.

Overseas Access

The Service may be accessed throughout the world. Pobuca Ltd makes no representations that the Service complies with the laws, including intellectual property laws, of any country outside Greece. If you access the Service from outside Greece, you do so at your own risk and are responsible for compliance with the laws in the jurisdiction from which you access the site.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us at hello@pobu.ca and we will answer as soon as possible.