Terms of Use

We are glad you are using pikotime!

pikotime's products and services are provided by Aware and Secure, a registered California LLC. These Terms of Use ("Terms") govern your use of pikotime's website, apps, and other products and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as pikotime’s Privacy Policy).

Using pikotime

Who May Use our Services

You are permitted to use pikotime Services only if you or your employer can form a binding contract with pikotime, and only in compliance with these Terms and all applicable regulations and laws.

Our License to You

Subject to these Terms and our policies we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. Using our Services does not and will not give you ownership of, or an ownership stake in, any intellectual property rights in our Services or the content you access.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, pikotime does not waive any rights to use similar or related Feedback previously known to pikotime, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, pikotime cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use by emailing info@pikotime.com.

Collection of Information

We collect the email addresses of some or all of your employees at your discretion or the discretion of your employees. The email addresses is used to fulfill your specific requests related to the Services. These lists of email addresses are only used for the Services and nothing else. They are not added to any mailing list; they are never used for marketing purposes; and they can be anonymized after a certain number of days at your request. In certain simulated phishing attacks, employees are asked to enter potentially confidential information in landing pages. pikotime does not store the actual data people enter on these pages; we only track they have entered a certain amount of characters in the entry field. To be clear, these fields are not and are never stored in our databases and cannot be retrieved even if we desired.

Copyright and Trademark Policy

pikotime respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the pikotime Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Reporting

As a matter of policy, pikotime provides all of its customers with reporting on the performance of the customer’s employees with regards to pikotime products. In accordance with pikotime reporting policies, pikotime may report your interactions with pikotime products to your employer in an aggregate or individual basis in an effort to improve network security for the employer.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, pikotime may terminate your use of any Service for any reason. None of pikotime, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "pikotime Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers

The services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. The pikotime parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The pikotime parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PIKOTIME PARTIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED INDIRECTLY OR DIRECTLY, OR ANY LOSS OF DATA, USAGE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONTENT OR CONDUCT OF ANY PARTY OTHER THAN THE APPLICABLE PIKOTIME PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL AWARE AND SECURE'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATED TO THE SERVICES EXCEED FIFTEEN U.S. DOLLARS ($15) OR THE TOTAL AMOUNT OF FEES RECEIVED BY PIKOTIME FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU AGREE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN YOU AND THE PIKOTIME PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO PIKOTIME'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS BARRED PERMANENTLY.

Indemnification

You agree to indemnify, defend, and hold harmless the pikotime Parties from any and all claims, expenses, liabilities, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights or materials.

Governing Law and Jurisdiction

The Services are managed by pikotime, which is located in San Francisco County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent and agree to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Francisco County, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or pikotime may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and pikotime. The parties and the selected ADR provider shall not involve any personal appearances by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, videoconference or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms

We reserve the right to revise or update the Terms at our sole discretion at any time. Any revisions or updates to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms contained in the Terms of Use. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish or forego any rights that we may have (such as taking action in the future).

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.