1. Acceptance of Terms

1.1 Binding Agreement

Your use of the Service, including any features or functionalities provided therein, signifies your unconditional acceptance of these Terms and all incorporated policies, including but not limited to the Privacy Policy referenced herein.

1.2 Eligibility

You represent and warrant that you are at least the age of majority in your jurisdiction (e.g., 18) or, if under such age, have obtained verifiable parental or guardian consent to enter into this agreement.

1.3 Amendments

We reserve the right to modify these Terms as outlined in Section 12.

2. Description of the Service

2.1 Purpose and Functionality

The Service is an online platform designed to:

1. Enable Customers to view content (e.g., posts, services, projects), submit comments, send messages, and receive notifications;
2. Permit Editors to create, edit, and manage posts and receive comment-related notifications;
3. Facilitate Managers and Administrators in updating content (e.g., categories, tags, services, projects) and managing user accounts;
4. Provide integration with third-party services, such as SendGrid, for email notification delivery.

2.2 Service Modifications

We may, at our sole discretion, alter, suspend, or discontinue any portion of the Service, with or without notice, subject to applicable legal obligations.

3. User Accounts and Conduct

3.1 Registration

Access to certain features (e.g., content submission, user management) requires the creation of an account. You shall provide accurate, current, and complete information during registration and maintain the security of your account credentials.

3.2 Acceptable Use

You agree to use the Service solely for lawful purposes and in strict compliance with these Terms. Prohibited activities include, but are not limited to:

1. Submitting, transmitting, or distributing content that is illegal, defamatory, obscene, harassing, or otherwise objectionable;
2. Attempting to gain unauthorized access to the Service, its systems, or other users' accounts;
3. Introducing malicious code, viruses, or engaging in activities that disrupt the Service's functionality or integrity.

3.3 Account Responsibility

You are solely responsible for all actions taken under your account. Any suspected breach of security or unauthorized use must be reported immediately to security@pigatechsoft.com.

4. Intellectual Property

4.1 User-Submitted Content

By uploading or submitting content (e.g., posts, comments, messages) to the Service, you grant PIGATECH SOFTCOMPANY a perpetual, non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, display, and distribute such content solely for the purposes of operating, maintaining, and promoting the Service. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe upon any third-party intellectual property rights.

4.2 Company Property

All content, materials, and software provided by us, including but not limited to text, graphics, logos, categories, and designs, are the exclusive property of PIGATECH SOFTCOMPANY or its licensors, protected under applicable copyright, trademark, and intellectual property laws. You may not copy, modify, distribute, or create derivative works from such property without our prior written consent.

4.3 Third-Party Materials

The Service may incorporate third-party content or services (e.g., SendGrid notifications). We are not responsible for the accuracy, availability, or legality of such third-party materials.

5. Privacy and Data Protection

5.1 Privacy Policy

The collection, use, storage, and disclosure of your personal information are governed by our Privacy Policy, accessible at /privacy-policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.

5.2 Security Commitment

We implement commercially reasonable technical and organizational measures to safeguard your data against unauthorized access, loss, or disclosure. Notwithstanding these efforts, you acknowledge that no security measures can guarantee absolute protection, and we are not liable for breaches beyond our reasonable control.

6. Notification Services

6.1 Third-Party Delivery

The Service employs third-party providers, including SendGrid, to deliver email notifications (e.g., comment alerts, confirmations) to users. Your use of the Service constitutes consent to receive such notifications as an integral part of its functionality.

6.2 Opt-Out Options

Where available, you may adjust preferences for non-essential notifications through your account settings. Transactional or operational notifications (e.g., account security alerts) may not be disabled.

7. Accessibility Standards

7.1 Compliance Efforts

We are committed to ensuring that the Service adheres to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, to provide an accessible experience for all users, including those with disabilities. Accessibility concerns may be reported to accessibility@pigatechsoft.com for resolution.

8. Termination of Service Access

8.1 User-Initiated Termination

You may cease using the Service and request account deletion by submitting a written request to support@pigatechsoft.com.

8.2 Company-Initiated Termination

We reserve the right to suspend or terminate your access to the Service, with or without prior notice, in the event of:

1. Violation of these Terms;
2. Engagement in illegal, fraudulent, or harmful activities; or
3. Other reasons at our sole discretion, provided such action complies with applicable law.

8.3 Post-Termination

Upon termination, your right to access and use the Service shall immediately cease. Sections 4, 9, 10, 11, and any other provisions intended to survive termination shall remain in effect.

9. Disclaimer of Warranties and Limitation of Liability

9.1 No Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Operational Risks

We do not guarantee that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

9.3 Liability Limitation

To the fullest extent permitted by applicable law, PIGATECH SOFTCOMPANY, its affiliates, officers, directors, employees, agents, and third-party providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of data, profits, or goodwill) arising out of or relating to your use of the Service. Our aggregate liability under these Terms shall not exceed the greater of one hundred U.S. dollars ($100) or the total amount paid by you to us, if any, in the twelve (12) months preceding the claim.

9.4 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including but not limited to: natural disasters, wars, pandemics, internet outages, or government actions.

10. Indemnification

10.1 User Obligation

You agree to defend, indemnify, and hold harmless PIGATECH SOFTCOMPANY, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from or related to: (a) your breach of these Terms; (b) your submitted content; or (c) your use or misuse of the Service.

11. Governing Law and Dispute Resolution

11.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, excluding its conflict of law provisions.

11.2 Mandatory Arbitration

ANY DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S COMMERCIAL RULES, HELD IN WILMINGTON, DELAWARE. THE ARBITRATOR'S AWARD SHALL BE FINAL AND ENFORCEABLE IN ANY COURT.

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS.

12. Modifications to Terms

12.1 Right to Modify

We may revise these Terms at our sole discretion. Updated Terms will be posted on the Service with a revised "Effective Date."

12.2 Notification of Changes

Material modifications will be communicated via email or a conspicuous notice within the Service, where practicable. Your continued use of the Service following such changes constitutes acceptance of the revised Terms.

13. Contact Information

13.1 Official Correspondence

For inquiries, notices, or requests pertaining to these Terms, please contact us at:

Legal Department
PIGATECH SOFTCOMPANY
Tech street, Dodoma -Tanzania
legal@pigatechsoft.com
+(255) 678 520 538