Terms of Use
Our Terms of Use
Last Updated on January, 16, 2025
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you and Nooka ("Company," "we," "us," or "our"), concerning your access to and use of the Nooka mobile application and website (collectively, the "Services").
By accessing or using our Services, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
SUBSCRIPTION AND BILLING
2.1 Free Trial
We may offer a free trial subscription for our Services. The free trial period lasts for the duration specified at the time you sign up. After the trial period expires, your subscription will automatically convert to a paid subscription unless cancelled before the trial ends.
2.2 Subscription Terms
- Subscriptions automatically renew unless cancelled before the renewal date
- You can choose between monthly and annual billing cycles
- Payment will be charged to your payment method at confirmation of purchase
- Subscriptions automatically renew unless turned off at least 24 hours before the end of the current period
2.3 Cancellation
You can cancel your subscription through:
- iOS: Settings > Apple ID > Subscriptions
- Android: Google Play Store > Subscriptions
- Website: Your account settings
We are using the standard Apple Terms of Use (EULA):
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
INTELLECTUAL PROPERTY RIGHTS
3.1 Our Content
Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
3.2 Limited License
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to:
- Download and install a copy of the app on a single mobile device
- Access and use the Services for your personal, non-commercial use
3.3 Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or licensors
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Terms of Use
- You are not under the age of 13
- You will not access the Services through automated or non-human means
- You will not use the Services for any illegal or unauthorized purpose
- Your use of the Services will not violate any applicable law or regulation
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. You agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory
- Trick, defraud, or mislead us and other users
- Circumvent, disable, or otherwise interfere with security-related features of the Services
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
- Use any information obtained from the Services in order to harass, abuse, or harm another person
- Make improper use of our support services
- Use the Services in a manner inconsistent with any applicable laws or regulations
USER GENERATED CONTENT
6.1 Content Submissions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services ("User Content").
6.2 License Grant
By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business operations, including without limitation for promoting and redistributing part or all of the Services.
6.3 User Content Representations
You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content
- Your User Content does not violate any intellectual property right or right of privacy
- Your User Content is not false, inaccurate, or misleading
- Your User Content does not violate any law or regulation
THIRD-PARTY WEBSITES AND CONTENT
7.1 Third-Party Content
The Services may contain links to other websites and third-party content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
7.2 Third-Party Services
The Services may display, include, or make available third-party content or provide links to third-party websites or services. You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Terms of Use
- Take appropriate legal action against anyone who violates these Terms of Use
- Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
- Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
- Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services
TERM AND TERMINATION
9.1 Term
These Terms of Use shall remain in full force and effect while you use the Services.
9.2 Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use.
9.3 Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- If your account is terminated for any reason, you must discontinue use of the Services
- All provisions of these Terms which by their nature should survive termination shall survive termination
MODIFICATIONS AND INTERRUPTIONS
10.1 Service Modifications
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services.
10.2 Service Interruptions
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
DISCLAIMERS
11.1 AS IS and AS AVAILABLE
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.
11.2 No Warranties
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE SERVICES
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your use of the Services
- Your violation of these Terms of Use
- Your violation of any rights of a third party
- Your violation of any applicable laws, rules, or regulations
GOVERNING LAW
These Terms shall be governed by and defined following the laws of [Jurisdiction]. Nooka and yourself irrevocably consent that the courts of [Jurisdiction] shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
DISPUTE RESOLUTION
15.1 Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.15.2 Binding Arbitration If you and we are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of [HongKong].
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
- PawLogic Limited
- Email: [admin@nookapod.com]
- Postal Address: [UNIT 1021, BEVERLEY COMM,CENTRE, 87-105 CHATHAM RD,SOUTH, TSIM SHA TSUI,HONG KONG]
- Phone: [+85264339131]
These Terms of Use constitute the entire agreement between you and Nooka regarding your use of the Services. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.