Terms of Service - PiKL Worldwide

The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between PiKL Worldwide, as defined below, and yourself ("you") and your use of PiKL Worldwide's applications for the web, mobile or any other applicable platforms and/or devices (the "Service or Services"; "app").

Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration (where permissible) unless you opt-out within the specified time frame.Residents of the State of Washington are not within the scope of the agreement to arbitrate. See Section 15 for more information.

BY ACCESSING OR USING PIKL WORLDWIDE'S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY NO ACTUAL MONEY CAN BE WON THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO USE THE SERVICE. ANY BETTING WITHIN THE APP SHALL NOT UTILIZE OR ENTAIL THE USE OR EXCHANGE OF ACTUAL CURRENCY.FROM TIME TO TIME, WE MAY ENGAGE IN PROMOTIONS, CONTESTS OR SWEEPSTAKES INVOLVING GIVEAWAYS THAT MAY HAVE EITHER VIRTUAL OR REAL WORLD VALUE.

In these Terms, "PiKL Worldwide" refers to PiKL Worldwide Holdings, Inc. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to PiKL Worldwide as "we" or "us". PiKL Worldwide owns and operates the Poney application.

1. CHANGES TO THE TERMS OR THE SERVICE

PiKL Worldwide reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Notice including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, or subscriptions, that we may publish which apply to your use of those specific services and state they are part of these Terms ("Additional Terms") (the Terms, Privacy Notice and Additional Terms collectively shall be referred to herein as "PiKL Worldwide's Terms"), at any time by posting the amended PiKL Worldwide's Terms on or within the Service. For material changes, we will provide at least fifteen (15) days' advance notice before the changes take effect by posting notice on the Service or by sending you an email, and you agree to be bound by such revisions or modifications. In addition, PiKL Worldwide may terminate these Terms in its sole discretion at any time. Users are responsible for viewing PiKL Worldwide's Terms periodically. Your continued use of the Service after a change or modification of PiKL Worldwide's Terms has been made will constitute your acceptance of the revised PiKL Worldwide's Terms. If you do not agree to PiKL Worldwide's Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all PiKL Worldwide's Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, when or if made possible by PiKL Worldwide, such as but not limited to, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as PiKL Worldwide's Terms.

You understand that the Service is evolving. You may be required to accept updates to the Service, and to PiKL Worldwide's app which you have installed on your computer, mobile device or any other device. You acknowledge that PiKL Worldwide may perform these updates remotely and agree that PiKL Worldwide may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use Poney. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Service; modify or remove any of the information contained in the Service; limit the Service's availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some and all users of the Services. If that happens, PiKL Worldwide is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Service or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part. Your continued use of the Service after such changes will indicate your acceptance of such changes in the Services and in PiKL Worldwide's Terms.

2. ACCOUNT INFORMATION

To access our app you must create an account with PiKL Worldwide (an "Account"). You may access the Service via the website, your account in a social network, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. You may need to update third party software from time to time to receive the Service and/or updates. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service ("Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. PiKL Worldwide will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions.

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify PiKL Worldwide and modify your Login Information if appropriate.

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you.

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.

You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.

You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have an Account or use the Service if you have previously been removed by PiKL Worldwide or previously been banned from playing any PiKL Worldwide game.

3. PURCHASE OF VIRTUAL ITEMS AND VIRTUAL CURRENCY

The Service may include an opportunity to purchase virtual currency, including but not limited to virtual chips, jewels, virtual in-game cash or diamonds ("Virtual Currency") or to purchase virtual items for use in a PiKL Worldwide game ("Virtual Items"). In-Game Virtual Items. You are solely responsible for your purchase of virtual currency and virtual items. All transactions are considered final. You may not refund, transfer, or exchange virtual currency or items except within the confines of the applicable gameplay. You have no right or title in or to such currency or items, except for the limited right of use in accordance with these Terms. PiKL Worldwide retains the right to manage, regulate, control, modify and/or eliminate Virtual Currency and Virtual Items in such manner as PiKL Worldwide shall deem appropriate, in its sole discretion. Except as prohibited by applicable law, PiKL Worldwide may take such actions in its sole discretion, and PiKL Worldwide shall have no liability to you or any other person or entity for the exercise of such rights by PiKL Worldwide. The transfer of Virtual Currency and Virtual Items is prohibited, except where expressly authorized in the Service or as permitted in these Terms. Virtual Currency and Virtual Items are only redeemable for Virtual Items as described herein. In no event may Virtual Currency or Virtual Items be converted into legal tender or any good or service of monetary value outside of the game.

Prices on the Service may vary depending on discounts or promotions occurring at a given time. PiKL Worldwide is free to adjust the purchase prices at any time at its sole discretion. PiKL Worldwide may also allow you to receive free Virtual Currency or Virtual Items as part of a particular contest or promotion.

Prices on the Service may be set and displayed in local currencies worldwide and will be paid for in the local currency. The price on the Service includes all applicable taxes, unless otherwise stated, (however, taxes calculated at the time of sale and the taxes charged may vary from country to country). If a charge is reversed or denied, your account may be frozen and the Service suspended until the payment is received; a Service may be suspended due to failure to make payments when due. All payments in connection with using the Service are handled by either PiKL Worldwide or by a third party payment processor. You agree to comply with all relevant rules that govern payments to PiKL Worldwide as well as the terms of the applicable third party processor.

4. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. PiKL Worldwide may require that you accept updates to the Service and to PiKL Worldwide's game(s) you have installed on your computer or mobile device. You acknowledge and agree that PiKL Worldwide may update the Service and PiKL Worldwide's game(s), with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play PiKL Worldwide's games.

5. LICENSE

Subject to your agreement and continuing compliance with these Terms and any other relevant PiKL Worldwide policies, PiKL Worldwide grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, non-commercial, limited license (the "License"), subject to the limitations herein, to (a) download, install and use a copy of the Service solely for your personal entertainment purposes; (b) access and view any content to which you are granted access on the Service solely for your personal entertainment purposes; and (c) access and use any other related services that PiKL Worldwide may provide. The License granted under this section is subject to your continued compliance with these Terms and any other relevant policies and Additional Terms. Your Account and any related Virtual Items or Virtual Currency are licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Service, Account, Virtual Items or Virtual Currency is being transferred or assigned to you or anyone else. This license granted to you under these Terms and any authorization to access the Service may be revoked by us at any time for any reason. You agree that PiKL Worldwide has the absolute right to manage, regulate, control, modify, suspend and/or eliminate such Virtual Items and/or Virtual Currency as it sees fit in its sole discretion, in any general or specific case, and that PiKL Worldwide will have no liability to you based on its exercise of such rights.

6. RESTRICTIONS AND RESPONSIBILITIES OF USE

Any use of the Service in violation of these license limitations is strictly prohibited and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree to all terms applicable to you and agree that you will be fully responsible for all activity occurring under your Account, including the actions of any other individual who may access the Service using your Account or password, whether authorized by you or not. You further agree that you will not, under any circumstances:

Engage in any act that PiKL Worldwide deems to be in conflict with the spirit or intent of the Service including, but not limited to, circumventing or manipulating these Terms, game rules, game mechanics or other official rules/policies designed to govern the use of the Service.

Use, develop or distribute cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any PiKL Worldwide game or any other PiKL Worldwide service.

Use, advertise or distribute third party services or programs that, in the sole judgment of PiKL Worldwide, violate these Terms, game rules, game mechanics or other official rules and/or policies designed to govern the Service or the Service includes exploit techniques or similar abusive behaviors or programs; or cause or result in the manipulation, modification, use or gain of an unfair advantage in the game, or harm to us or our partners or any other third party.

Upload, transmit, distribute or communicate messages, data or any other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or that may invade another's privacy, that is hateful, or racially, ethnically or otherwise objectionable, illegal, or tortious (including pornography, obscenity, or defamation), or that otherwise violates any applicable law;

Engage in ongoing toxic behavior, such as repeatedly communicating, posting or publishing content or communications which, in the sole judgment of PiKL Worldwide, are objectionable, including, without limitation comments that are:

Intended to provoke; designed to "spam" (including, but not limited to, postings or communications which are repetitious or nonsensical), excessively off-topic, or which contain links to sites other than those officially or unofficially approved by PiKL Worldwide; sexually explicit or grossly offensive including, but not limited to, expressions of bigotry, prejudice, racism, hatred, profanity, obscenity, unlawful in nature or designed to cause another player, employees or our partners or vendors distress; harassing to others including without limitation communications which threaten, bully, intimidate, or otherwise demean another; violate the rights of other parties (including the publicity, privacy, intellectual property rights or other rights of third parties); designed to harm minors in any way; designed to infringe or violate a third party's rights, including without limitation any copyright, trademark, patent, trade secret, moral rights, privacy right, publicity right, or any other intellectual property or proprietary rights;

Post or provide any information or content that is false, misleading, or inaccurate;

Attempt to, or harass, abuse or harm, or advocate or incite harassment, abuse or harm of another person, group, including PiKL Worldwide employees, including PiKL Worldwide's customer service representatives;

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, our employees, or falsely express or imply that PiKL Worldwide or any third party endorses you, your site, your request, your business or any statement you make, or present false information about PiKL Worldwide or any other third party;

Post, upload, transmit or communicate any financial, legal, medical, or other professional advice;

Organize, engage in or otherwise participate in any actions directed towards inflicting harassment, bullying or grief in game toward players or others;

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person, including without limitation a PiKL Worldwide employee;

Interfere with or disrupt any servers or networks used to provide the Service, or to make the Service available to users, including without limitation, any networks or equipment of any ISP or other service provider, or violate any regulations, policies or procedures of such servers or networks;

Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by PiKL Worldwide, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

Post any information, content or other material (or post links to information or content) that contains nudity, excessive violence or is offensive, illegal or otherwise objectionable or which exploits children or minors in any way;

Solicit, or attempt to solicit, Login Information or other login credentials or personal information from other users;

Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;

Reverse engineer, decompile, disassemble or modify any software or other products or processes accessible through the Service, or attempt to discover any source code, or create derivative works of or based on the Service, in whole or in part (except as and only to the extent any such restriction is expressly prohibited by local law);

Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service, any PiKL Worldwide game or other software or technology related to the Service;

Transmit files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage or interfere with the operation of another's computer, the Service or the enjoyment of other users;

Disrupt, interfere with or otherwise adversely affect the normal flow of the game, act in a manner that negatively affects other player's ability to enjoy playing a PiKL Worldwide game or using the Service or disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Service or a PiKL Worldwide game (each a "Server");

Facilitate, create or maintain any unauthorized connection to the Service, or any servers, including without limitation, any connection to any unauthorized server that emulates, or attempts to emulate, the Service;

Violate any applicable law or regulation in connection with your access to or use of the Service; or

Take any action or upload, post, transmit, distribute, or communicate your or any person's or entity's name, alias, account name, or handle, or real or personal information such as addresses (including street addresses and email addresses), telephone numbers, or use embedded image or hyperlink in any communication feature which provides users the ability to embed images or hyperlinks in messages, except solely in direct communication with recipients who have agreed to receive them, or encourage others to do so; or

Except as otherwise provided in these Terms, intentionally or unintentionally violate any applicable local, state, national, international or otherwise applicable federal, provincial or local law, rule or regulation; or

Attempt to do any of the things enumerated above or to assist anyone in engaging in any of the activities described above.

We reserve the right to determine what conduct we consider to be a violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

7. USER CONTENT

"User Content" means any communications, images, sounds, videos, works of authorship, and all the material, data, and information that you upload, transmit or submit through, or in association with, the Service. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not misleading, confidential or otherwise in violation of any applicable law; (b) not in violation of any contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by PiKL Worldwide in accordance with its Privacy Notice.

Unless stated otherwise, all User Content is considered non-confidential and non-proprietary. By transmitting or submitting User Content while using the Service, you automatically grant to PiKL Worldwide and its affiliated companies a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, fully paid up and royalty-free, sublicensable and transferable license and right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use and exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats and distribution channels (whether now known or hereafter developed), including in or for the promotion and redistribution of part or all of the Service (and its derivative works) in any media formats and through any media channels without further notice to you or your consent, and without any payment or compensation to you. You further automatically grant all users of the Service who can access your User Content, the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the Service without further notice, attribution or compensation to you. You also grant PiKL Worldwide the right (but not the obligation) to use your name, likeness, image, voice, appearance, or other identifying information ("Likeness") in connection with the User Content and the use, reproduction, disclosure, publishing and distribution of your User Content in any and all media formats and channels now known or hereafter devised without further notice to you or consent from you and without attribution, payment, or other compensation to you. Notwithstanding the foregoing, PiKL Worldwide agrees to only use such Likeness for the promotion or distribution of the Service and specifically not for any other commercial purpose.

You understand and agree that you have no expectation of confidentiality or privacy with respect to User Content you transmit or make available on or through the Service, and you are solely responsible for all User Content that you transmit or otherwise make available on or through the Service. You acknowledge that PiKL Worldwide has no obligation to monitor or exercise any editorial control whatsoever over the content of communications made by anyone through the Service. However, PiKL Worldwide reserves the right (but not the obligation) to do any or all of the following: review, refuse to post, move, edit, modify and/or remove any User Content that, in PiKL Worldwide's sole judgment, violates these Terms or any other PiKL Worldwide policy or that could harm the Service or its users; investigate any reported violation of its policies; take any other action with respect to User Content that PiKL Worldwide deems necessary or appropriate in its sole discretion, including without limitation, termination of your access to the Service or taking legal action against you. You acknowledge and agree that PiKL Worldwide has the right to disclose information, including User Content, to law enforcement authorities, government officials and/or a third party, as PiKL Worldwide believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to PiKL Worldwide's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).

8. MONITORING

When you are using the Service, PiKL Worldwide may, but is not obligated to, monitor and record communications through the Service, including chat room, forums or game play communications. You hereby provide your irrevocable consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. PROMOTIONS, CONTESTS, SWEEPSTAKES

From time to time, promotions or contests may be offered through the Service. These contests and promotions may include sweepstakes with actual world prizes. Access to such contests and promotions may require registration, special terms, completion of certain activities or provision of data. Any such contest or promotion shall be governed by specific rules as posted in conjunction with such contest or promotion on the Service. Please read the contest rules carefully before participating as they include eligibility requirements. Contest and promotion rules are in addition to and subject to the provisions of these Terms and PiKL Worldwide's Privacy Notice.

10. FEEDBACK AND UNSOLICITED IDEA SUBMISSION POLICY

PiKL Worldwide welcomes feedback from its members. Unless otherwise specifically indicated by us, we will consider anything you send us ("feedback"), including suggestions, comments, questions or other information, to be non-confidential and non-proprietary. All feedback becomes the sole property of PiKL Worldwide without any compensation to you, and PiKL Worldwide shall be entitled to use such feedback for any purpose whatsoever in perpetuity. PiKL Worldwide will be free to use, disclose, reproduce, license, transfer and otherwise distribute, and exploit the feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. If, notwithstanding this policy, you send us creative ideas, suggestions, inventions, or materials ("creative ideas"), such creative ideas shall be treated in accordance with this Section 10 and, in addition, in any event, we shall: (1) own, exclusively, all now known or later discovered rights to the creative ideas; (2) shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and (3) shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. You agree that you will have no recourse against PiKL Worldwide for any infringement, or loss of any kind, as a result of the use of such creative ideas.

11. INTELLECTUAL PROPERTY RIGHTS

The Service and all materials therein, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, trade secrets, and other intellectual property, and all intellectual property rights related thereto (the "PiKL Worldwide Materials") are the exclusive property of PiKL Worldwide and its licensors. Except as expressly authorized by PiKL Worldwide, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the PiKL Worldwide Materials. PiKL Worldwide reserves all rights not expressly granted in these Terms.

You acknowledge that you do not acquire any ownership rights in any PiKL Worldwide Materials. You further acknowledge that you shall not acquire any ownership rights in the Virtual Items or Virtual Currency that you purchase or earn whether for consideration or otherwise. PiKL Worldwide reserves and retains all rights, title and interest, whether now known or hereafter developed, in and to the Service and the PiKL Worldwide Materials, including without limitation, all information, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, audio-visual effects, sounds, musical compositions, methods of operation, moral rights, documentation, chat and transcripts of the chat rooms and the "applets" incorporated into the Service, and the PiKL Worldwide Materials including without limitation the copyrights and all other intellectual property and proprietary rights therein.

12. WARRANTY DISCLAIMERS

Unless prohibited by law, the Service and any other materials or items provided by PiKL Worldwide are provided on an "as is" and "as available" basis. Your use of the Service is at your sole risk. To the maximum extent permitted under applicable law, PiKL Worldwide expressly disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Without limitation to the foregoing, PiKL Worldwide does not make any representation, warranty, condition, or guarantee: (1) as to the content, sequence, accuracy, completeness, timeliness or the provision of the Service; (2) that any defect or error will be corrected; (3) that the Service will be error-free or will operate without interruption; (4) that the Service will be compatible with your computer equipment and software; (5) that the Service will be available at all times or at any given time; or (6) that the use of the Service is lawful in any particular jurisdiction. Further, PiKL Worldwide does not warrant that the Service or the servers that make the Service available are free from viruses or other harmful components. You acknowledge and agree that your use of the Service is at your own risk and that the entire risk as to satisfactory quality, performance, and accuracy is with you. PiKL Worldwide makes no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free, or that defects, if any, will or can be corrected.

The Service may include links to other websites. PiKL Worldwide has no control over and makes no representations or warranties regarding such websites, including without limitation, whether or not they are active or operational. You acknowledge and agree that PiKL Worldwide is not responsible for the availability of such websites and that PiKL Worldwide is not responsible or liable for any material or information on or available from such websites. The inclusion of any link does not imply endorsement, approval or recommendation by PiKL Worldwide. You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use and privacy policies applicable to such websites and resources. You agree that PiKL Worldwide 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 use of or reliance on any such content, information, data, advertising, products, or other materials on or available through such websites and resources.

Information obtained by you via the Service is at your own discretion and risk. PiKL Worldwide makes no warranty regarding any goods, services or other items provided or made available to you through the Service.

No advice or information, whether oral or written, obtained by you through the Service or from PiKL Worldwide or any of its representatives shall create any warranty not expressly stated in PiKL Worldwide's Terms.

13. LIMITATION OF LIABILITY

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some or all of the below limitations or exclusions may not apply to you and you may have additional rights.

IN NO EVENT WILL PIKL WORLDWIDE'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO PIKL WORLDWIDE IN CONNECTION WITH THE SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).

In no event shall PiKL Worldwide be liable for any claim under these Terms or otherwise for: (i) any amount in excess of the amount(s) set forth above; (ii) any special, incidental, indirect, consequential, exemplary or punitive damages or lost profits, whether foreseeable or unforeseeable; (iii) loss of goodwill or reputation; (iv) loss of data or use; (v) cost of substitute services; (vi) loss of business or revenue; or (vii) injury, death, or property damage of any kind.

The exclusions and limitations of liability described above shall apply to the fullest extent permitted by law, regardless of whether liability arises from breach of warranty, breach of contract, negligence, strict liability, tort, or any other legal theory or form of action, and whether or not PiKL Worldwide or its licensors knew or should have known of the possibility of such damages.

PiKL Worldwide is not in any way responsible for the behavior of other users of the Service. You agree that by using the Services you may be exposed to content or communications from others that you might find offensive, indecent, or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PiKL Worldwide with respect thereto.

Some countries and states do not allow the limitation or exclusion of liability and so the limitations described above may not apply to you. You will have additional rights with respect to liability in accordance with the law in your country/state.

14. INDEMNITY

If you reside in the United States, you agree to indemnify, defend and hold harmless PiKL Worldwide from any and all liabilities, claims and expenses, including reasonable attorney's fees, made by any third party related to or arising out of (i) these Terms, (ii) your use of the Service, and/or (iii) your breach of the PiKL Worldwide's Terms. If you reside in a jurisdiction where applicable law prohibits consumers from indemnifying a company, the above indemnity language will not apply to you, but only to the extent that the law so prohibits. PiKL Worldwide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PiKL Worldwide in asserting any available defenses.

15. DISPUTE RESOLUTION AND BINDING ARBITRATION

(a) Generally. In the interest of resolving disputes between you and PiKL Worldwide in the most expedient and cost effective manner, and except as described in Section 15(i), you and PiKL Worldwide agree that every dispute arising in connection with these Terms will be resolved by binding arbitration subject to the provisions below. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PIKL WORLDWIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Mandatory Pre-Arbitration Notification and Negotiation. You and PiKL Worldwide agree to first attempt to negotiate any Dispute (defined below) informally for at least thirty (30) days before initiating arbitration or litigation. Such informal negotiations commence upon written notice from you to PiKL Worldwide, or from PiKL Worldwide to you ("Notice"). You agree that any Notice to PiKL Worldwide is only effective and deemed received when it is received at: legal@letsponey.com. PiKL Worldwide agrees that any Notice to you must be sent via email to the email address associated with your user account or be personally delivered to you at your home address on file with us. PiKL Worldwide may change the notice address for you to provide notice to PiKL Worldwide by posting a notice on its website or in a direct communication to you. Any Notice must (i) include your name, postal address, and email address; (ii) include a detailed description of the nature and basis of the Dispute, including all facts supporting the dispute, and identify the specific relief sought and the monetary value, if any, and all supporting calculations; and (iii) be personally signed by you in order to be deemed effective.

(c) Definitions. For purposes of this Section 15, the term "Dispute" is intended to be given the broadest meaning permissible under law and includes, without limitation, any claim or controversy between you and PiKL Worldwide relating to these Terms or other aspects of our relationship, including without limitation any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms or any prior agreement; (iii) claims that arise after the expiration or termination of these Terms; and (iv) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.

(d) Arbitration Procedures. If a Dispute has not been resolved within thirty (30) days after Notice is received by the applicable party, you or PiKL Worldwide may commence arbitration proceedings. The arbitration proceeding will be resolved by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as modified by this Section 15. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PiKL Worldwide. In the event of any conflict between the AAA Rules and this Section 15, the provisions of this Section 15 will govern. The AAA may appoint the arbitrator upon submission of a Demand for Arbitration. The parties may mutually agree on an arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA Rules, unless otherwise stated in this Section 15 below. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PiKL Worldwide will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Where permissible by law, you may elect to have the arbitration conducted by telephone or video conference, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed upon location.

(e) Arbitration Award - The arbitrator may award any relief that is available in a court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitration award will be in writing and will include the arbitrator's essential findings and conclusions. Judgment on the arbitration award may be entered in any court having jurisdiction.

(f) No Class Actions. YOU AND PIKL WORLDWIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PiKL Worldwide agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

(g) Option to Opt Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting PiKL Worldwide at legal@letsponey.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. If you opt-out of these arbitration provisions, PiKL Worldwide also will not be bound by them.

(h) Modifications. If PiKL Worldwide makes any future change to this arbitration provision (other than a change to PiKL Worldwide's address for receiving a Notice of Dispute), you may reject any such change by sending us written notice within thirty (30) calendar days of the change to PiKL Worldwide's address for Notice of Dispute, in which case your account with PiKL Worldwide will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

(i) Exceptions to Agreement to Arbitrate. Notwithstanding your and PiKL Worldwide's agreement to arbitrate Disputes, either you or PiKL Worldwide may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 15 or to enforce any arbitral award issued hereunder. Either party may also bring qualifying claims in small claims court. Additionally:

(i.1) If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and PiKL Worldwide's agreement to arbitrate Disputes, either you or PiKL Worldwide also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.

(i.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and PiKL Worldwide's agreement to arbitrate Disputes, either you or PiKL Worldwide may also assert claims, if they qualify, through the Small Claims Court (or local equivalent court) of a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.

(j) Judicial Forum for Disputes.Except as otherwise required by applicable law or provided in this Section 15, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and PiKL Worldwide agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Los Angeles, California. Both you and PiKL Worldwide consent to venue and personal jurisdiction there.

16. GENERAL

You are subject to all laws of the geography in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree PiKL Worldwide cannot be held liable if laws applicable to you restrict or prohibit your participation. PiKL Worldwide makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with PiKL Worldwide have authority to make any such representations or warranties. PiKL Worldwide reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted. Limitations Period. To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred. No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

PiKL Worldwide's Terms constitute the entire agreement between you and PiKL Worldwide relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent PiKL Worldwide from modifying PiKL Worldwide's Terms.

You and PiKL Worldwide agree that if any portion of the PiKL Worldwide's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of PiKL Worldwide's Terms, which shall continue to be in full force and effect.

PiKL Worldwide may assign or delegate PiKL Worldwide's Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under PiKL Worldwide's Terms without PiKL Worldwide's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

The failure of PiKL Worldwide to require or enforce strict performance by you of any provision of PiKL Worldwide's Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of PiKL Worldwide's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by PiKL Worldwide of any provision, condition, or requirement of PiKL Worldwide's Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by PiKL Worldwide shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of PiKL Worldwide.

You acknowledge that the rights granted and obligations made under PiKL Worldwide's Terms to PiKL Worldwide are of a unique and irreplaceable nature, the loss of which shall irreparably harm PiKL Worldwide and which cannot be replaced by monetary damages alone. Accordingly, PiKL Worldwide shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any PiKL Worldwide game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section "Limitation of Liability" set forth above (if any).

The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.

PiKL Worldwide shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PiKL Worldwide, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond PiKL Worldwide's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

We may notify you via postings on www.PiKLWorldwide.com and/or www.letsponey.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under the PiKL Worldwide's Terms shall be in writing and addressed to: PiKL Worldwide Holdings, Inc, Inc., Attn: Legal Department, [physical address]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding PiKL Worldwide's Terms, you may contact us to the following address: legal@letsponey.com or submit a ticket via the support channel of the app.

Last Updated: January 26, 2026