TERMS OF USE FOR INKPOSTER DEVICE AND APPLICATION (END USER LICENCE AGREEMENT)

PocketBook International SA

Effective date: 31 December 2024

General provisions

These Terms of Use (this “Agreement”) apply between you and PocketBook International SA (together with its associated businesses, “PocketBook”, “we”, “us” or “our”) and govern your use of:

  • the InkPoster device (the “InkPoster Device”)

  • the InkPoster mobile application (the “Application”)

  • all related services we provide in connection with the InkPoster Device and the Application (together, the “Services”)

This Agreement applies to personal users, business users and any other users who use the InkPoster Device, the Application, and or access the Services.

Please read this Agreement carefully before using the InkPoster Device, the Application, or accessing the Services. The same applies to the Privacy Notice and any additional terms or notices that apply to the InkPoster Device, the Application and the Services.

This Agreement is a legally binding contract between you and PocketBook. Before using the InkPoster Device and or Application and or accessing the Services, you must accept this Agreement. If you do not agree, you must stop using the InkPoster Device and Application, uninstall the Application and refrain from accessing the Services.

If you use the InkPoster Device, Application or Services on behalf of an organisation, you confirm that you have authority to bind that organisation to this Agreement and you accept this Agreement on its behalf.

We may modify this Agreement and other applicable terms in whole or in part from time to time for reasons including legal or regulatory changes, security, development or improvement of the Services, technical adjustments and to ensure ongoing functionality. Where changes are made, we will notify you within a reasonable period and inform you of any rights you may have. You must accept the updated Agreement to continue using the InkPoster Device, Application and Services. If any change is invalid or unenforceable, the remainder remains effective.

We also reserve the right to make changes to Services terms at any time. Where this happens, we will notify you through a notice in the Application.

Definitions

For this Agreement, the following terms have the meanings below:

Application means the InkPoster iOS and Android application used to control an InkPoster Device and upload, arrange and manage Content for display.

Content means digitised images, artworks, photographs, pictures, graphics and other visual materials.

InkPoster Content means Content made available by PocketBook through the InkPoster Gallery, including Content owned by PocketBook or licensed to PocketBook by third parties, excluding User Content.

InkPoster Device means the Wi Fi enabled digital picture frame with a built in E Ink display designed to display uploaded digital Content and managed via the Application.

InkPoster Gallery means the online gallery of InkPoster Content that you may be able to purchase (if that option is available), access and display on your InkPoster Device under this Agreement.

Services means customer support, access to the InkPoster Gallery and its Content, and any other services we provide now or in future to users of InkPoster Devices and or the Application.

Software means the Application and any related software enabling the Application and Device features, including updates and upgrades, and any related documentation we provide.

Supported Device means a mobile, tablet, computer or other supported electronic device, other than the InkPoster Device, on which you are authorised to operate the Application and use related Services.

User Content means any Content you upload and display on an InkPoster Device, whether or not you own or created the Content.

Services and app licence

The Services allow you to add, remove and arrange your User Content and InkPoster Content through the Application installed on a Supported Device, for display on a paired InkPoster Device.

We grant you a worldwide, limited, non exclusive, non transferable, non sublicensable and revocable licence to download, install and use one copy of the Application solely for managing your InkPoster Device.

To upload User Content, the Application will request permission to access your Supported Device photo gallery. If you do not provide permission, you will not be able to upload and display your User Content on the InkPoster Device.

By uploading User Content, you grant us a licence to use that User Content only for the purpose of providing the Services. This licence is irrevocable, worldwide, perpetual and non exclusive. Your ownership of your User Content does not change, and we do not claim ownership of your User Content.

You have initial control over who may access your Content. If you share Content on an InkPoster Device in a way that makes it publicly accessible, you agree that anyone you have shared the Content with may use and reproduce that Content without payment.

InkPoster Gallery, InkPoster Content and licence

InkPoster Content in the InkPoster Gallery is owned by PocketBook or its third party licensing partners. Using the Services does not give you any rights in InkPoster Content except those expressly granted in this Agreement. Copying, republication, redistribution, or creation of derivative works from InkPoster Content without our prior written consent is prohibited.

Subject to your compliance with this Agreement, we grant you a limited, worldwide, non exclusive, non transferable and non sublicensable licence to access, upload, display on your InkPoster Device and view InkPoster Content. Some InkPoster Content may be available on a paid basis. Please review the terms for any paid InkPoster Content before use.

Prohibited use of InkPoster Content

You must not:

  • sell or distribute InkPoster Content in digital or physical form

  • use InkPoster Content in an immoral or illegal way, especially where it features a recognisable person

  • use InkPoster Content in connection with pornographic, obscene, offensive, illegal, immoral, infringing, defamatory, hateful, threatening or libellous material, or in breach of any law, regulation or industry code, or in a way that infringes any person’s rights

  • use InkPoster Content in a political context, including promotion, advertising or endorsement of a party, candidate or elected official, or in connection with any political viewpoint

  • use InkPoster Content in a misleading or deceptive way, including suggesting endorsement, affiliation or sponsorship by a person, brand or organisation unless permission has been granted, or giving the impression the Content was created by you or that you own exclusive rights to it

  • use any Content as part of a trade mark, design mark, trade name, business name or service mark

User Content responsibilities

We do not approve, control or endorse User Content. You are solely responsible for your User Content and the consequences of uploading and displaying it.

By uploading User Content, you represent and warrant that:

  • you are the owner of the User Content, or you have all rights, licences, consents and permissions required to use and share it and to grant the rights in this Agreement

  • the User Content does not infringe or violate third party rights, including intellectual property rights, privacy rights, publicity rights or contractual rights, and does not breach any applicable law or regulation

  • where people are identifiable in your User Content, you have obtained all necessary permissions, including parental or guardian consent where the individual is a minor

You must not display any Content, or use InkPoster Content, in a way that:

  • promotes or creates a risk of physical or mental harm, emotional distress, death, disability or disfigurement to any person or animal

  • promotes or creates a risk of harm, loss or damage to property

  • harms or exploits children

  • is harassing, abusive, racially or ethnically offensive, defamatory, invasive of privacy or publicity rights, libellous or threatening

  • discriminates, incites or promotes discrimination based on protected characteristics

  • is sexually explicit or pornographic, or links to such material

  • involves sale or promotion of illegal activities, products or services

  • is fraudulent or promotes fraudulent activity

  • violates rights of individuals or third parties, including intellectual property and data privacy rights

  • contains information you do not have the right to share due to law, confidentiality or contractual obligations

  • contains false, deceptive or misleading information, or promotes the spread of false information

  • violates any applicable law or promotes illegal activities

  • threatens or undermines democratic processes or institutions

Use of Software and usage restrictions

You may use the Application on your Supported Device. Additional terms for certain third party software may appear in the legal sections of the Application settings. Open source software components are governed by their relevant open source licences.

We may provide updates to keep Software up to date. Where your Supported Device allows, updates may install automatically. If you do not accept updates, Services may function incorrectly or access may be limited.

You are responsible for obtaining the InkPoster Device and Supported Devices and paying for connectivity and data plans. We are not responsible for availability of internet or telecommunications services required to access the Application or Services.

By using the InkPoster Device, you agree that it may:

  1. communicate with our servers from time to time to check for updates including bug fixes, critical updates, patches, enhanced functions, upgrades, missing plug ins and new versions (together, “Software Updates”)

  2. install Software Updates

Software Updates may be required to maintain conformity of the device. Some updates may improve performance and you will not be charged for those updates.

You must not:

  • use the InkPoster Device, Application, Software or Services unlawfully, fraudulently or maliciously, including by hacking or introducing malicious code

  • infringe intellectual property rights of PocketBook or third parties in connection with your use

  • transmit material that is defamatory, offensive or otherwise objectionable

  • use the InkPoster Device, Application, Software or Services in a way that could damage, disable, overburden or compromise our systems or security, or interfere with other users

  • collect information or data from the Services or our systems, or attempt to decipher transmissions to or from our servers

You must not, and must not allow any third party to:

  • copy, sell, license, distribute, transfer, modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Application, Software, Services or content, except where permitted by law

  • circumvent or defeat security or content usage rules

  • use the InkPoster Device, Application, Software or Services to access, copy, transfer, transcode or retransmit content in breach of law or third party rights

  • remove, obscure or alter copyright notices, trade marks or other proprietary notices

Termination

You automatically lose your rights under this Agreement if you breach it. In that case, we may terminate your access to the Application and Services immediately. Failure by us to enforce any provision does not waive our rights.

Contact information

For help with the InkPoster Device, Application or Services, or queries about this Agreement, contact Customer Service at help@inkposter.com.

Privacy

We process personal data in accordance with applicable laws. Please refer to the Privacy Notice available on the InkPoster Device or within the Application for details.

Software licence and access

Unless stated otherwise for a specific service, we grant you a limited, non exclusive, non transferable and non sublicensable right to access and use the Application and, where applicable, InkPoster Content, provided you comply with this Agreement and any other applicable terms, and pay any fees where required.

This right does not include resale of the Application, Software or InkPoster Gallery or their contents, use of product and service information for commercial purposes, derivative use, or data mining, robots or similar extraction tools.

All rights not expressly granted are reserved by PocketBook, its licensors and content providers. No part of the Application, Software or Services may be reproduced, duplicated, copied, sold or resold without our written consent.

You must not frame or use framing techniques to enclose PocketBook trade marks, logos or proprietary information without written consent. You must not use meta tags or hidden text using PocketBook names or trade marks without written consent.

Third party services accessible via the InkPoster Device or Application are governed by third party terms. PocketBook is not responsible for those services and does not adopt them as its own.

Open source software

The Application and or Software may include open source components. Relevant open source licence terms are available in the Application settings. This Agreement applies only to the extent it does not conflict with open source licence terms.

Where an open source licence requires it, we will provide source code for relevant components via download. If no download is available, PocketBook will, on request within three years, provide a machine readable copy for a fee not exceeding the cost of providing it.

Intellectual property

You acknowledge that the InkPoster Device, Application, Software and Services contain proprietary and confidential information protected by intellectual property and other laws.

PocketBook owns all rights, title and interest in the InkPoster Device, Application, Software, Services and InkPoster Content, excluding User Content, including all intellectual property rights worldwide.

Force majeure

PocketBook is not liable for failure to perform due to circumstances beyond reasonable control including acts of God, war, pandemic or government action, provided we notify you promptly and use reasonable efforts to remedy the failure.

Account

To access Services features you must register for an account in the Application. You may be asked to provide information such as your name and email address. You are responsible for keeping your account and password confidential and for restricting access to your devices. You are responsible for activity under your access details to the extent permitted by law.

You confirm that information you provide is accurate and you will keep it up to date. If you believe your account is no longer secure, notify us immediately at shop@inkposter.co.uk. You must notify us of unauthorised use of your account or any security breach.

We are not liable for losses arising from unauthorised account use. You may be responsible for losses incurred by us or others due to unauthorised use.

Copyright complaints

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes infringement, contact shop@inkposter.co.uk.

Liability and warranty disclaimers

The InkPoster Device, Application, Software and Services are provided on an “as is” and “as available” basis. Your use is at your own risk.

PocketBook does not guarantee compatibility with third party software, or that the InkPoster Device, Application, Software or Services are error free, uninterrupted, or suitable for a user defined purpose beyond what is described in this Agreement, documentation or our website. We are not responsible for issues caused by incorrect or damaged files or third party files.

We aim to keep Services available without interruption, but availability cannot be guaranteed. Access may be interrupted for maintenance, repairs or new features. We will try to minimise any disruption. PocketBook has no obligation to provide maintenance, installation services, bug fixes or updates, although if we provide them they form part of the Application and are covered by this Agreement.

To the maximum extent permitted by law, PocketBook, its subsidiaries, affiliates and licensors are not liable for direct, indirect, incidental, special, consequential or exemplary damages arising from your use of the InkPoster Device, Application or Services, including loss of data or device damage, even if we were advised of the possibility.

Nothing in this Agreement excludes or limits liability where it cannot be excluded under applicable law.

To the extent PocketBook liability is excluded or limited, this also applies to the personal liability of its affiliates, employees, representatives and agents.

You are responsible for your use of the InkPoster Device, Application, Software and Services, any breach of this Agreement and the consequences of that breach, including losses PocketBook may suffer.

To the maximum extent permitted by law, you agree to indemnify and hold harmless PocketBook, its affiliates and their directors, officers, employees and agents from claims, actions, proceedings, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising from your use of the InkPoster Device, Application, Software or Services or your breach of this Agreement.

Applicable law, jurisdiction, severability and disputes

This Agreement is governed by the laws of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules.

Any dispute arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the competent court in Lugano, Switzerland.

If you are a consumer habitually resident in the UK, you may also benefit from mandatory consumer protection provisions of UK law. Nothing in this Agreement affects your statutory rights.

If any provision of this Agreement is held invalid, the remainder remains effective and the relevant statutory provisions apply instead.

Online dispute resolution platforms operated by the European Commission are not generally applicable to UK consumers. We are not willing or obliged to participate in alternative dispute resolution procedures before a consumer redress body, unless required by law.

Entire agreement and governing language

This Agreement is the entire agreement between you and PocketBook regarding the InkPoster Device, Application, Software and Services and replaces previous arrangements on the same subject matter.

Translations may be provided to meet local legal requirements. Where permitted by law, if there is any inconsistency between the English version and a translated version, the English version prevails.