Terms of Service

This website and software platform is operated by PUNKU GmbH. Throughout the site and in these terms, the terms "we", "us" and "our" refer to PUNKU GmbH. PUNKU GmbH offers this website and software-as-a-service platform (the "Service"), including all information, tools, features and services available from this site and platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or using our Service, you engage in our Service and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and Service, including without limitation users who are subscribers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or Service. By accessing or using any part of the site or Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or Service following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and data protection regulations).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content and data (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately of any breach of security or unauthorized use of your account.

You may not use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

Access to certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually as specified in your plan).

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You are responsible for all charges incurred under your account.

We reserve the right to modify subscription fees at any time. We will provide you with reasonable notice of any fee changes, and such changes will take effect at the start of the next billing period following the notice.

All fees are non-refundable except as required by law or as explicitly stated in these Terms.

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will retain access to the Service until the end of your current billing period.

We reserve the right to suspend or terminate your access to the Service at any time for violations of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease.

The following sections shall survive termination: Sections 8 (Intellectual Property), 10 (User Data and Content), 11 (Privacy), 14 (Prohibited Uses), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), and 21 (Governing Law).

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Pricing for our Service is subject to change with reasonable notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with reasonable notice when possible. We will make efforts to notify active subscribers of significant changes.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, except as required by applicable law.

The Service and its original content, features, and functionality are and will remain the exclusive property of PUNKU GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PUNKU GmbH.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.

The Service may integrate with or contain links to third-party services, applications, or websites. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party services.

We encourage you to review the terms and privacy policies of any third-party services that you access through our Service.

You retain all rights to any data, content, or materials you submit, upload, or create through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display such content solely for the purpose of providing and improving the Service.

You represent and warrant that you have all necessary rights to submit User Content and that such content does not violate any third-party rights or applicable laws.

We respect your data and will handle it in accordance with our Privacy Policy and applicable data protection regulations, including GDPR where applicable.

You are solely responsible for your User Content and any consequences of submitting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.

Your use of the Service is also governed by our Privacy Policy, which can be found at punku.ai/privacy. Our Privacy Policy explains how we collect, use, and protect your personal information.

We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. You have rights regarding your personal data, including the right to access, rectify, erase, restrict processing, data portability, and to object to processing.

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with the processing of your data.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or Service:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
(l) to attempt to reverse engineer, decompile, or disassemble any part of the Service;
(m) to use the Service to build a competitive product or service or to copy any features, functions or graphics of the Service.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, with reasonable notice when possible.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PUNKU GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any services procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

While we strive to provide reliable service, we do not guarantee uninterrupted availability of the Service. Scheduled maintenance will be communicated when possible.

Support is provided as specified in your subscription plan. Response times and support channels may vary based on your subscription tier.

You agree to indemnify, defend and hold harmless PUNKU GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

Any disputes arising out of or relating to these Terms of Service or the Service shall be subject to the exclusive jurisdiction of the courts of Germany.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

For material changes, we will provide reasonable notice to active subscribers.

Questions about the Terms of Service should be sent to us at info@punku.ai

Our contact information is posted below: