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T&C PRO Account

updated 6/19/2023

LAST UPDATE:  Jun 20, 2023

These terms and conditions (“Terms”) represent a legal agreement between you and Pineapple Square S.R.L., a limited liability company incorporated and existing under the laws of Romania, registered with the Trade Registry under no. J05/762/2023, EUID: ROONRC. J05/762/2023, sole identification number (CUI) 47840942, headquartered in Oradea, Calea Aradului 15, bl. P71, floor 4, ap. 18, Bihor County, Romania ("Pineapple Square" or “Us”), on accessing and/or using the Pineapple Square platform available on the AppStore or Google Play Store (“Platform”) and any related services available on the Platform (“Services”).

You can only use the Platform according to these Terms. Please read these Terms carefully, as they contain important information regarding your rights and obligations. These Terms include various limits and exclusions, setting Our liability, jurisdiction in dispute resolution and the applicable legislation for Our Services.

The use of the Platform is equivalent to a confirmation that you understand and fully agree with these Terms. The Platform may only be used if you accept these Terms as presented, by checking the respective checkbox in the Platform.

We reserve the right to modify these Terms at any moment. If We modify the Terms, We shall publish the updated version on the Platform and update the date of the “last update” indicated at the top of these Terms. After amending the Terms, you can continue using the Platform only if you accept the amended Terms as notified by Us in the Platform.

If you do not agree with the provisions of the Terms, do not access or use the Platform anymore.

DEFINITIONS

  1. Terms written with a capital letter shall have the meanings in this Section 1 – Definitions or where they are used for the first time.

  2. The following terms shall have the following meanings, both in their singular and in their plural form:

Client” means any individual or entity that registered an account and is using the PineappleSquare App;

“Content” refers to any information and/or pieces of data provided by you on the Platform, directly or indirectly, including, without limitation any of the data collected by the Platform regarding the use of the Platform and/or the Services by you;

“Intellectual Property Rights” refers to any intellectual and/or industrial property rights, as defined in the entire world, including, without limitation: copyright and related rights, invention rights, rights over a granted patent and rights that derive from a granted patent, rights related to technical developments, rights related to utility models, rights over a certificate regarding a utility model and rights that derive from granted utility model certificates, rights over trademarks, rights that derive from the registration of trademarks and from applications for the registration of trademarks, rights over geographical indications, rights over industrial designs and industrial drawings, rights that derive from applications for the registration of industrial drawings and designs, rights that derive from registration certificates for industrial drawings and designs, rights that derive from the registration of industrial drawings and designs, rights over topographies of semiconductor products, rights that derive from the registration of applications for topographies of semiconductor products, sui generis rights regarding databases, rights that could be subsequently acknowledged over databases, rights regarding domain names and software account access data, rights over software, any rights over software and hardware configurations, rights related to confidential information, rights over trade secrets, tradenames and know-how, and any other rights of intellectual and/or industrial property and other similar or equivalent rights (registered or unregistered) which exist or may exist globally, with all returns, recoveries, extensions and renewals of such rights (registered or unregistered), all registrations and pending registrations regarding any such rights, the benefit of any application pending registration and the right to request the registration of such rights, and all rights to action, powers or benefits belonging to or resulting in relation to such rights (including the right to sue and recover damages for past breaches);

“Product” means any of the products and / or services made available by Suppliers through the Platform, which has a certain Product code assigned to it;

Request for quotation” means a request sent through the Platform by a Client to a Supplier in relation to their Products;

Supplier” means the term generally used for manufacturers, resellers, distributors, or other professionals who have a registered user account and offer their Products or Services through the Platform, holding the legal form of organization required by the applicable law;

User” or “you” means Clients who use the Services and/or the Platform and other visitors of the Platform, as the case may be.

  1. All the other terms written with capital letters have the meaning indicated when used for the first time or, as the case may be, defined for the first time.

USE OF THE PLATFORM 

  1. In order to use this Platform, you must be at least 18 years old, if you are an individual or to be a legally established legal person, if you are a legal entity. By accepting these Terms and using the Platform, you confirm that you are at least 18 years old or, if appropriate, that you are a legally established legal person. If you act as a Client’s representative, you warrant that you have been legally authorized to represent that Client and have been given the necessary powers to validly engage the Client and that both you and those represented by you will comply with these Terms.

  2. You understand and agree that you shall be responsible for all the activities that are carried out by you or on your behalf on the Platform/within the Services. 

  3. When using the Platform/ Services, you must comply with all the applicable laws, rules and regulations at all times.

INTELLECTUAL PROPERTY RIGHTS. LICENSE

  1. The entire content of the Platform and of the Services, including, without limitation, texts, images, charts, web graphics elements, scripts or other data, is protected by the Intellectual Property Rights of PineappleSquare or its providers. PineappleSquare grants you a limited, for personal use, non-exclusive and non-transferable license to use the Platform / Services.

  2. As a User, you must comply with the Intellectual Property Rights of PineappleSquare or its providers (where such providers and their respective rights are indicated in the Platform). Using any Platform elements without Our written approval is strictly forbidden and is punished according to the applicable legislation. Unless expressly provided by PineappleSquare and/or unless there are contrary provisions in these Terms, nothing shall be interpreted as representing a transfer of Intellectual Property Rights to you or any other party. Using any information, data, images from the Platform for republication, total or partial distribution or any other purposes which are not expressly allowed by these Terms, without the prior written approval of PineappleSquare, is forbidden and you will be punished according to the applicable legislation.

  3. In the case of Content published on the Platform, you are granting Us a non-exclusive, free, unlimited in time and space license for all the Intellectual Property Rights over the Content. By sending and/or uploading the Content on the Platform, We have the right to publish, republish and maintain the Content on the Platform, during the existence of the Platform and to use the Content for statistical, marketing or other purposes deemed necessary. 

FORBIDDEN CONDUCT

  1. You cannot use the Platform for purposes and/or activities which are illegal, immoral or unauthorized. In using the Services and the Platform, you must make sure that you do not breach any laws applicable to you or your activity.

  2. Under the sanction of immediately interrupting access to the Services / Platform, without prior notice and with your obligation to cover any damage caused following the non-compliant conduct, you shall abstain from any conduct which is non-compliant or causes damage to PineappleSquare, including, without limitation:

  3. using the information obtained in any way following the use of the Services / Platform in order to build a database for resale purposes or in order to provide access to this information to a third party which has not been authorized in this respect and in advance by PineappleSquare, carrying out activities that are similar to those of PineappleSquare; allowing access to this information to a third party, which carries out activities that are similar to those of PineappleSquare, as a result of failure to take the necessary security measures in order to protect the information acquired by you while using the Services / Platform;

  4. using another identity by any means (for example, by using an e-mail address, name, pseudonym or otherwise) than your real identity;

  5. modifying, distributing, sending, displaying, publishing, reproducing, granting licenses, creating derivative products, transferring or selling any information or services obtained by reproducing, modifying or displaying the content from or obtained via the Platform, without the written approval of PineappleSquare;

  6. removing or modifying any notifications regarding copyright, trademarks or other Intellectual Property Rights in relation to the Services or Platform;

  7. using the Services or Platform in order to create, transmit or receive materials that breach the legal provisions in force or have obscene, abusive, vulgar, defaming, offensive, threatening content or breaching Intellectual Property Rights;

  8. attempting to elude any security measures or to exploit any technical limitations of the Services and/or Platform;

  9. using the Services and/or Platform in a manner that infringes upon the interests of PineappleSquare, including, without limitation, by performing or allowing the performance of cracking or hacking activities, “Denial of Service” attacks or others, introducing viruses, other materials/technologies which may fully or partially affect the integrity and/or operation of the Platform and of its related systems and/or networks;

  10. carrying out criminal activities or activities that cause damage, including child pornography, fraud, trafficking obscene materials, drug trafficking, gambling, content which instigates to hatred or violence, which encourages or provides instructions for committing crimes or which infringes upon the rights of any person, harassment;

  11. removing or manipulating headers or any other identifiers (including, without limitation, URL addresses) in order to hide the origin of any data sent through the Platform and/or while using the Services;

  12. exploiting the Services and/or Platform in order to create a product or service that competes with any of PineappleSquare’s products or services;

  13. performing unauthorized operations on the Platform and attempting to perform them, including, without limitation: abusive and/or fraudulent use, unauthorized access, modifying and copying information in order to sell it or blocking the access;

  14. using software, devices, scripts, bots, other automated means or processes for accessing, copying or duplicating any content on the Services and/or Platform;

  15. damaging the name, reputation, image of the Platform, PineappleSquare, the shareholders, directors or personnel of PineappleSquare in relation to the use of the Services and/or Platform by you;

  16. exploiting the Services and/or Platform for any unauthorized commercial purpose;

  17. using the Services and/or Platform on behalf of a company, without being entitled to represent the respective company.

  18. If you are accused of one or several actions/inactions out of those provided in the previous paragraph, without limitation, PineappleSquare, depending on the type of the conduct of which you are guilty, may:

  19. notify the competent authorities and provide them with all your personal data; and/or

  20. remove the Content that does not comply with the aforementioned provisions, and suspend your access to the Platform until the completion of the endeavors of the competent authorities or until PineappleSquare unilaterally decides to allow again access to the Platform. 

  21. In any of the situations provided in this Section 4 (Forbidden Conduct) without limitation, insofar as We have been caused any type of damage, We have incurred costs or the financial situation of PineappleSquare has been affected in any way, you are the only person who is responsible for fully remedying those damages and for any other judicial costs incurred for the endeavors made for remedying the damage / resuming the previous situation.

PLATFORM MODIFICATIONS. SUSPENSION AND CESSATION OF THE PLATFORM / SERVICES USE 

  1. PineappleSquare reserves the right to modify or interrupt, temporarily or permanently, with or without prior notification, any part of/any functionality of the Platform and/or Services at any time. While PineappleSquare attempts to not cause any disruptions to your activity as a result of such actions, We may not warrant that would not be the case. 

  2. PineappleSquare may interrupt your access to the Platform / Services at any time, with or without prior notification.

  3. You agree that PineappleSquare shall not be held accountable towards you or third parties for any modifications, suspensions of the provided Services/Platform nor for interrupting, the access to the Services/Platform, according to points 5.1. and 5.2. above.

COMPENSATIONS

You agree to compensate Us and any of Our employees, licensors, providers or partners against any receivables, damages, payments, fines, decisions, debts, losses, costs and expenses of any type or nature, including the costs of litigations, legal taxes and attorney fees that derive from or are in any way related to (i) using the Platform and/or Services; (ii) breaching these Terms or the rights of any third party; (iii) breaching the applicable laws in relation to the conduct, access or use of the Platform and/or Services. You agree that in any of the situations mentioned above, the compensation owed by you cannot be less than EUR 50,000.

LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law, PineappleSquare shall not be held liable towards you or third parties for any direct or indirect damages caused by using or accessing the Platform, the content of the Platform materials and the Services, including, without limitation, actually incurred damages and unobtained profits or other intangible losses (irrespective of whether they are directly or indirectly incurred) resulted from or in relation to the Platform and Services, irrespective of the liability theory (contractual or in tort). 

  2. You are exclusively responsible for accessing the Platform and/or Services via the Internet. You understand that the Platform is Internet-based and you understand and accept the security risks that are inherent to these applications, web applications and websites, including, without limitation, the risk of losing Internet connections, the risk of hardware or software malfunctions. Thus, you agree that We shall not be liable for any malfunctions, communication failures, delays, errors or any security breaches. 

  3. You agree that We shall not be liable for any breach or delay in complying with Our obligations resulting from any situation that is beyond Our reasonable control, including, without limitation, acts or omissions of third parties, earthquakes, floods, military conflicts or technical malfunctions (Internet connection, server access etc.). 

  4. You understand that PineappleSquare only acts as an intermediary between Clients and Suppliers and therefore, PineappleSquare cannot be held liable for any kind of misunderstandings arising from Clients’ relationship with Suppliers or from Suppliers’ failure to offer the Products or Services. For clarity, these Terms do not represent an agreement between Clients and Suppliers with respect to the Products.

  5. Although We make efforts to ensure the high quality of the Services and Platform, We make no warrants with respect to Products’ quality and functionalities, stocks or delivery. We do not offer any guarantee or insurance that you will receive the Products in a specific time or that the information or images regarding Products’ presentation are true, as We have no responsibility concerning Products or delivery. 

  6. For clarity purposes, PineappleSquare cannot be held accountable in any situation for (including, without limitation):

  7. any interruptions in providing the Services / Platform or decrease in their quality, caused by actions or omissions of service providers, malfunctions or maintenance works on networks or equipment, force majeure events and any other causes that are independent of the will and control of PineappleSquare, including, without limitation, the incapacity to connect or complete the communication;

  8. full or partial interruption in providing the Services / Platform or any parts thereof following cyber-attacks or the impossibility, caused by any reason, of accessing the public sources from which the data derives.

  9. We are constantly trying to update the Platform and Services. If you discover that the Platform / Services include an error, you may report this aspect at any moment, by contacting Our support service at support@pineapplesquare.com and We will make reasonable efforts to investigate such situations and, if possible, to correct the errors. You understand that the Platform and the Services may include data and information provided by third parties and, therefore, the correction of errors and the resolution of malfunctions may require actions on those third parties’ part, such a situation not being entirely under the control of PineappleSquare. 

CANCELLATION OF REQUESTS FOR QUOTATION. RETURN AND REFUND

  1. Within 45 (forty-five) calendar days from the date the Request for quotation is sent, you can ask us to delete it from Our system, without any reason. In order to exercise your right of cancellation, you must inform Us of your decision by sending an e-mail to support@pineapplesquare.com. We will delete your Request for quotation no later than 14 (fourteen) calendar days from the day We have been notified, at no cost to you.

  2. As PineappleSquare is not a Supplier of Products, We have no responsibility with respect to returns and refunds of Products. You should check the return and refund conditions of a Supplier, available on the Platform, before sending a Request for quotation. To this extent, please check the Terms & Conditions section of the Request for quotation, available in the Request for quotation section or on the Supplier’s profile in the Platform. For clarity, please note that We are not liable for any returns that a Supplier does not fulfill or for any fees or risks related to returns or refunds. 

USER’S GUARANTEES

Under the sanction of immediately interrupting the access to the Services and/or Platform, without prior notice, but with your obligation of remedying any damage caused by non-compliant conduct, you guarantee that you:

  1. have the legal right and capacity or authorization to accept and comply with these Terms and to use the Platform and/or Services;

  2. provide real and accurate information; you accept full liability for the provided data and accept the fact that PineappleSquare shall not be held accountable towards you and/or third parties for damages of any nature resulted from your failure to provide correct information;

  3. at any time, comply with all the applicable laws, rules and regulations, including, without limitation, the data protection legal provisions.

ASSIGNMENT

PineappleSquare may assign these Terms and/or any or all its rights or delegate any and all its obligations according to these Terms without your consent. All the provisions of these Terms are extended to and shall be mandatory for the successors and assignees of PineappleSquare. You are not entitled to assign these Terms or any of the rights and/or obligations that derive from these Terms to another person or entity, without the prior written consent of PineappleSquare.

EXTERNAL AND OTHER WEBSITES

  1. The Platform may contain URL links to websites or resources of third parties. These URL links to third-party pages are provided only for informative purposes. In any case, especially because of the volatile nature of Internet information, PineappleSquare cannot control the nature or content of these external sources and, consequently, is not responsible or liable for the use or unavailability of third-party websites or for the content or other materials available on third-party websites, which you could access through Our Platform.

PERSONAL DATA AND COOKIES

For information on how We collect, use and share personal data and cookies, please read Our Confidentiality Policy, available at https://pineapplesquare.com/privacy-policy and Cookie Policy, available at https://pineapplesquare.com/cookie-policy,  which are updated constantly. 

SEVERABILITY

If any provision of these Terms is deemed as illegal, null or inapplicable for any reason, this provision shall be deemed as severable from these Terms and shall not affect the validity and applicability of the other provisions.

NON-ENFORCEMENT

The implementation of these Terms is exclusively at Our discretion and Our omission to enforce any of the provisions of the Terms in certain cases does not constitute a waiver of Our right to enforce those provisions in other cases.

APPLICABLE LEGISLATION

All legal aspects, those related to rights and remedies regarding any action, event or incident, implemented in virtue of or in relation to PineappleSquare or the Services / Platform and any other aspects regulated by these Terms shall be governed and interpreted according to the Romanian laws in force. 

LITIGATION RESOLUTION

All complaints, litigations or disputes that may derive from the interpretation, implementation of these Terms or which are in any way related to your use of the Services / Platform, which cannot be amiably resolved by direct discussions and negotiations within 30 (thirty) business days after the registration of the complaint, shall be exclusively resolved by the competent Romanian courts of law. 

NOTIFICATIONS

For any information or notifications, you may contact us at: support@pineapplesquare.com.