The Service is provided by Picosoft Incorporated (hereinafter referred to as the “Company”), a legal entity established and operating under the laws of Texas, USA. You agree to submit to the exclusive jurisdiction of the courts located in Austin, Texas, USA on any disputes or discrepancies arising from the use of the Service.
You agree that the Company can at its discretion at any time change characteristics and modus operandi of the Service. The company also reserves the right to change at its discretion at any time these ToU and tariffs for the Service. By using the Service after any such changes take place you unreservedly agree to all that changes.
2. General Conditions
In consideration of your use of the Service you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form; (b) keep your password secure and confidential; (c) observe the laws of the United States or other applicable jurisdiction relevant to intellectual property objects including but not limited to registered trademarks, copyright, and patents, that you upload, receive, or share with third parties, including other users of the Service, when using the Service. You are fully responsible for all activities that occur under your password screen name or account.
You are prohibited from using any information that has become available to you as a result of using the Service to offend, pester, threaten, or imitate other users of the Service or other persons. You are prohibited from using the Service for any illicit or malfeasant activities. You agree to observe the laws of the United States or other applicable jurisdiction relevant to behavior in the Internet as well as restrictions imposed on the content transmitted over electronic networks.
The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these ToU.
Some functions of the Service are available without registration with the Service. Others become available only after registration on the Service Internet site https://dev.miniapps.run. The Company uses its discretion to determine the list of functions available without registration.
When registering with the Service you are obliged to present true, accurate, current, and complete information of yourself and/or the legal entity that you represent. The Company is entitled to request from you at any time copies of the documentary evidence of the said information. The company reserves the right to change at any time the list of such information and documentary evidence thereof. In the event that you fail to provide the requested information and/or documentary evidence thereof the Company has the right to suspend provision of the Service as well as payment of the amounts due to you until you provide the requested information and/or documentary evidence thereof.
By using the Service you agree with the Payment Terms set forth herein and the Company’s current tariffs.
You accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges) that may be incurred when you use the Service. You understand and agree that notifications, messages, and other information sent to other persons arising from your usage of the Service may incur charges imposed on that persons by their network operators.
You understand and accept that data delivery is not guaranteed by network operators, the Company thus cannot possibly be responsible for the delivery of notifications, messages, and other information to their recipients.
You agree to follow regulations and recommendations set forth in the Service related documentation located at https://miniapps.run. The Company shall not be deemed liable for any malfunction of the Service occurring as the result of incorrect information you enter into the Service, as well as your wrong actions, intentional or otherwise, or non-observance of the Service regulations and recommendations.
Furthermore, the Service can fail to operate, or operate incorrectly for reasons lying beyond control of the Company (including but not limited to data network malfunction). In such event the liability of the Company shall be limited to return of the sum withdrawn from your Service account during the Service malfunction of failure back to the account.
The Company can use the Service to send you special-purpose information containing terms and conditions in addition to those set forth herein. All additional terms and conditions become binding to you as of the moment they are published at the Service Internet site https://miniapps.run.
3. Payment Terms
Some Service functions are provided free of charge. The Company uses its discretion to determine the list of functions available free of charge.
Service functions other than those declared as free of charge are provided on the pre-paid basis and charged as per Company’s current tariffs. Advance payment is made by your Service account top-up with the sum of your choice.
When you select Service functions or packages you wish to use your Service account is debited according to Company’s current tariffs. The required sum is automatically calculated and displayed when you select Service functions or packages.
If a function or package requires periodical debiting of your Service account (usually on a monthly basis, unless set out otherwise in the Company’s tariffs), the due sum will be debited from your Service account in advance in the beginning of the payment term according to the Company’s current tariffs. If the sum on you Service account does not suffice to completely pay off the periodical charge, the charge will complete after your Service account top-up. Please note that in this case you will be denied access to the said Service function or package before the required sum is paid in full.
You understand and agree that the sum on your Service account can only be used to pay for the Service and is non-refundable.
You understand and agree that the Company has the right to change the Service tariffs at any time at its discretion. The current service tariffs are set forth for your perusal at the Service Internet site https://dev.miniapps.run.
When the pre-paid amount on your Service account is spent the top-up procedure initiates automatically only if you have opted for automatic top-up. Otherwise you have to top up your Service account as needed.
4. Terms of Payment Between Service Users
The Service allows you to pay for licenses to use software and/or other content (graphics, audio, video, and other) provided by other users of the Service. The payment is enabled by a dedicated banking service Name (WEB) as soon as your bank card is registered with it. Registering of your bank card with the banking service is achieved by use of a link issued by the Service as you make your first payment, or at any time using the Service’s appropriate menu option. The subsequent payments are made automatically.
The Service allows you to receive payments for licenses to use software and/or other content (graphics, audio, video, and other) that you may provide to other users of the Service. Reception of payments becomes available to you after registration on the Service Internet site https://dev.miniapps.run.
The Company reserves the right to deny your access to reception of payments function at any time and without prior notice in the case you are suspected of use of the Service for actions that violate the laws of the United States or other applicable jurisdiction, or actions infringing these ToU and/or Company’s principles including but not limited to arms trade, drug trafficking, bootlegging, distribution of child pornography, or other content that is either illegal, or hurting religious, political, or other sentiments of other users of the Service.
To be able to receive payments from other users of the service you authorize the Company to be your agent in reception of the said payments on your behalf. The Company charges a commission on every payment received as per the Company’s tariffs.
The sums received from other users of the Service are remitted to your account on PayPal (https://www.paypal.com). All sums credited to your account are subject to commission.
The Company transfers the sum due to you to your account after 45 days as of the day of reception of a payment from another user of the Service. If within the 45-day period refund of the payment is claimed by the paying party in accordance with the paying party’s bank card system’s rules, the sum will not be transferred to your account.
The Company claims no ownership or intellectual property rights over the information, software, or other content (graphics, audio, video, and other) that you share with other users of the Service or make public by using the Service. Any intellectual property rights to that information, software, or content belong solely to you (or your licensors). Nevertheless, by uploading such information, software, or content you grant the Company a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Service. You represent and warrant that you have sufficient rights to grant this license.
You bind yourself to present by request of the Company valid documents or other evidence of your right to use and distribute the said information, software, or other content. Should suspicion occur (e.g. as a result of complaints from other users of the Service) of illegitimacy of your usage and distribution of the said information, software, or other content, the Company has the right to discontinue your usage of the Service in whole or in part.
The Company has the right to require without any justification that you stop using/distributing any information, software, or other content connected with your usage of the Service. You bind yourself to immediately comply with this requirement.
You understand that when sharing your information, software, or other content with other users of the Service or distributing it with the use of the Service the said information, software, or other content can be used, stored, displayed, or broadcast worldwide by third persons without royalties. If you do not wish to transfer your copyrights to third persons, or if you do not have sufficient power to protect your copyrights, do not use the Service to give access to your copyright material. The Company shall not be deemed liable for actions of other users of the Service whom you gave access to your copyright material. The Company allows to post images and text hosted on MiniApps web resources to outside web sites. Such use is acceptable. However, pages on other web sites which display data hosted on MiniApps web site must provide a link back to MiniApps web site.
The Company has the right to place advertisements in messages and other media you receive when using the Service.
The Company preserves the right to insert advertisements into messages and other media that you send using the Service. These advertisements will be distinctly separated from the main content so as not to confuse recipients of your messages or other media about the source of the advertisements.
The Company can at your request discontinue placement of advertisement in messages and other media that you receive and/or send using the Service, as well as place your own advertisements into messages or other media of other users of the Service. The prices of such options are set forth in the Company’s tariffs. To be able to opt for exclusion of advertisements from messages and other media that you receive and/or send using the Service, or placing your own advertisements into messages or other media of other users of the Service you should register with the Service at https://dev.miniapps.run.
Acceptability of your advertisements, as well as authorization of your access to the function of placement of your advertisements in messages or other media of other users of the Service remains on the Company’s judgement without explanation or comment.
7. Limitation of Liability
You use the Service at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company does not warrant or make any representations or warranties that the Service will meet your requirements; the Service will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information or other material obtained by you through the Service will meet your expectations; and any errors in the Service’s software and other software used in connection with the Service will be corrected.
You also understand that Company does not warrant or represent that the Service will work on all devices, in all data networks and/or will be available in all geographical areas.
In addition to all other disclaimers and limitations of liability contained in the ToU, you specifically agree that Company is not liable for any of the above issues.
The Company shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use of or the inability to use the Service, or the results or the contents thereof, to the greatest extent permitted by law.
If you are dissatisfied with the Service, or have any other disputes or claims with or against Company with respect to the Service or the ToU, then your sole and exclusive remedy is to discontinue using the Service.
8. MiniApps Partner Program
You can become a member of the MiniApps Partner Program (hereinafter – Partner), using MiniApps Tokens (hereinafter – MAT). Only MAT token grants this opportunity.
Connection to the MiniApps Partner Program is carried out after selecting the appropriate option and is available after special registration on the website of the Service https://dev.miniapps.run.
The Partner is eligible for one-year long 50% Partner discount (but no more than 500 USD per year) in exchange for one MAT token per year. The discount is applicable to registered mini-apps only; annual aggregate payment is taken into account.
Extra commission from template sales
The Partner is eligible for one-year long extra commission from registered template sales in exchange for MAT tokens.
The basic sales commission is 16%. The extra commission is another 16% (but no more than 500 USD a year per one token). In total, the Partner can get no more than 32% of total registered template sales.
Partner referral program
The Partner can run a referral program in exchange for 1 MAT per year. It is operated via Account Settings. The referral program enables the Partner to attract new clients and get commission from their payments. Such clients may get discounts for their mini-apps/chatbots in exchange for Partner’s MATs on the terms set by the partner, yet according to the discounts conditions they already have.
9. Company’s Reservation of Rights
Company expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of the Service at any time, for any reason, especially if Company, in its sole discretion, believes that you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the ToU. The Company accepts no liability for information or content that is deleted. If, for any reason, your account is modified, suspended or deleted by Company you will not be entitled to any refund of any of the amounts you’ve paid for usage of the Service.
You agree to indemnify and hold harmless the Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Service, your violation of the ToU, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
11. Company Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service. You agree not to modify, adapt or hack MiniApps web site or modify another web site so as to falsely imply that it is associated with Service.
The Company takes your privacy seriously. The Company collects personal information when you register and use the Service. When you register we ask for information such as your nick-name, email address, mobile phone number, birth date, gender and personal interests. The Company does not rent, sell, or share personal information about you with other people or companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- Company responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- Company believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TOS, or as otherwise required by law.
The Service may display targeted advertisements based on personal information. However, the Company does not provide any personal information to the advertiser when you interact with or view a targeted advertisement.