Last updated on May 25th 2020
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Pangea.ai platform, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement ("Agreement") between you and Pangea.ai (as defined below) governing your access to and use of the Pangea.ai website, including any subdomains thereof, and any other websites through which Pangea.ai makes its Pangea.ai Platform available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated Pangea.ai Platform (collectively, "Pangea.ai Platform"). The Site, Application and Pangea.ai together are hereinafter collectively referred to as the “Pangea.ai Platform”.
When these Terms mention “Pangea,” “Pangea.ai,” “Pangea.ai Platform, “we,” “us,” or “our,” it refers to Digital Knights SARL, who owns and operates Pangea.ai. Additionally, User and Vendor are sometimes referred to as a “Party”, and together as the “Parties”.
1. SCOPE OF PANGEA.AI PLATFORM
1.1 The Pangea.ai Platform is an online Platform that enables registered legal commercial entities or individuals (“User,” and collectively as “Users”) to procure software development Pangea.ai Platform through certain service providers (“Vendor,” and collectively as “Vendors” ) who offer Pangea.ai Platform in software development.
1.2 The singular focus of the Platform is to introduce Users who are sourcing and procuring software development Pangea.ai Platform to verified software development Vendors.
1.3 The purpose of Users engaging with the Pangea.ai Platform include, but are not limited to; discovery, comparison and engagement with Vendors through an introduction made over email, or other communication channels if applicable, by Pangea.ai representatives.
1.4 The purpose of Vendors engaging with the Pangea.ai Platform includes, but is not limited to; showcase organizational insights to be discovered, compared and engagement by Users through an introduction made over email, or other communication channels if applicable, by Pangea.ai representatives.
2. ACCESSING THE PANGEA.AI PLATFORM
2.1 Terms specific for Users. Pangea.ai allows Users to share their project requirements through a Smart Brief form, which aims to attain engagement details to better support Users interaction with the Pangea.ai Platform.
2.1.1 As part of its participation in the Pangea.ai’ Platform and in acting as Pangea.ai’ User, User hereby agrees and consents to the terms of this Agreement, the Smart Brief Agreement (“Smart Brief Agreement”, found here), and any other guidelines requests and rules set by Pangea.ai from time to time, in its reasonable discretion, in connection with User’s ongoing participation in the Pangea.ai Platform. In all its activities under this Agreement, and specifically such activities relating to User’s promotion of the Pangea.ai Platform, User shall cooperate with Pangea.ai and act in good faith.
2.1.2 Pangea.ai reserves the right to provide in certain circumstances tailored Vendor recommendations to the User-based on the submission of the User’s Smart Brief.
2.1.3 Pangea.ai facilitate the introduction of User and Vendor, but it does not facilitate the request for proposal (“RFP”) process between a User and a Vendor, including, but not limited to, communication portal, proposals, payment and billing, contract negotiation and/or contract signing, project management, kick-off, and project time-tracking.
2.1.4 No User will pay, receive or partake in any payment or revenue share for any financial compensation or monetary measure, directly or indirectly, for the submission of a Smart Brief Form as part of the Pangea.ai’ Pangea.ai Platform. Nonetheless, Users are encouraged to provide feedback, star rating and/or testimonials during the use of the Pangea.ai Platform through Pangea.ai, but are not obligated to. Feedback, ratings and/or testimonials reflect the opinions of individual Users and do not reflect the opinion of Pangea.ai
2.1.5 All Vendors of Pangea.ai have been through a rigorous verification process in order to be part of the Pangea.ai Platform offered by Pangea.ai to mitigate the procurement risk, but the information is neither scientific nor 100% accurate, and therefore Pangea.ai does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any kind of information exchanged during the use of the Pangea.ai Pangea.ai Platform (including without limitation the content contained therein), even if an Vendor complies with the Platform guidelines. The User agrees that he or she bears all risks associated with using or relying on the Pangea.ai Platform. Hence, Pangea.ai does not guarantee a successful engagement with any Vendor through the use of Pangea.ai Platform. If the User has any questions about Pangea.ai Platform or the terms that govern the use of the Pangea.ai Platform, the User should contact the Pangea.ai team on firstname.lastname@example.org
2.2 Terms specific for Vendors. As part of the participation in the Pangea.ai Platform and in acting as a Vendor on the Pangea.ai Platform, Vendor hereby agrees and consents to the terms of this Agreement, the terms and rules of Pangea.ai’s Engagement Application Agreement (“Engagement Application Agreement”), the terms and rules of Pangea.ai’s Lead Sharing Agreement (“Lead Sharing Agreement”) and any other guidelines requests and rules set by Pangea.ai from time to time, in its reasonable discretion, in connection with Vendor’s ongoing participation in the Pangea.ai Platform. In all its activities under this Agreement, and specifically such activities relating to Vendor’s participation within the Pangea.ai Platform, Vendor shall cooperate with Pangea.ai and act in good faith. Additionally, every Vendor is legally bound to the terms and conditions set forward in the Service and Vendorship Agreement (“Service-Agreement”) signed with the owner and operator of Pangea.ai, Digital Knights SARL.
2.2.1 Vendors shall compensate Pangea.ai in accordance with the Service-Agreement signed with the owner and operator of Pangea.ai, Digital Knights SARL.
2.2.2 Vendors acknowledge that Pangea.ai has no general obligation to monitor the Vendor content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Vendor content, in order to (i) operate, secure and improve the security of the Pangea.ai Platform (including without limitation for fraud prevention, risk assessment, investigation and User support purposes); (ii) ensure Vendor’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Vendor content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Vendors agree to cooperate with and assist Pangea.ai in good faith, and to provide Pangea.ai with such information and take such actions as may be reasonably requested by Pangea.ai with respect to any investigation undertaken by Pangea.ai or a representative of Pangea.ai regarding the use or abuse of the Pangea.ai Platform.
2.2.3 Pictures, animations or videos (collectively, "Images") used and displayed by each Vendor on Pangea.ai must accurately reflect the quality and condition of the Vendor. Pangea.ai reserves the right to require that each Vendor provides a minimum number of Images of a certain format, size and resolution.
2.2.4 The placement and ranking of each Vendor in search results on the Pangea.ai Platform may vary and depend on a variety of factors, such as User search parameters and preferences, requirements, price and availability, reviews and ratings, among others. For more information about the factors that determine how each Vendor appears in search results please contact email@example.com
3. USE OF AND RESTRICTIONS ON PANGEA.AI PLATFORM
3.1 Each Party agrees that Pangea.ai may collect and use engagement data and related information, including without limitation, technical information relating to the use of the Pangea.ai Platform, that is gathered periodically to facilitate the provision of the Platform updates, product support, marketing efforts and other Pangea.ai services to each Party related to the Platform. Pangea.ai may use this information to improve its products or to provide Pangea.ai Platform or technology to each Party (including with respect to Pangea.ai, the Platform and the Applications).
3.2 All involved Parties guarantee that all information of a confidential nature received from the other Party before, during and after the conclusion of the Agreement shall remain confidential. Information shall, in any event, be considered confidential if related to contact information, pricing or if designated as confidential by either of the Parties.
3.3 Each Party represents and warrants that the Party will use the Platform and Pangea.ai Platform in compliance with all applicable laws of their jurisdiction of residence, specifically, but not limited to:
3.3.1 Use the Pangea.ai Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Pangea.ai Platform endorsement, partnership or otherwise misleads others as to your affiliation with Pangea.ai Platform;
3.3.3 Use the Pangea.ai Platform in connection with the distribution of unsolicited commercial messages ("spam");
3.3.4 Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
3.3.5 Use, display, mirror or frame the Pangea.ai Platform or it’s content, or any individual element within the Pangea.ai Platform, Pangea.ai 's name, any Pangea.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Pangea.ai Platform, without Pangea.ai 's express written consent;
3.3.6 Dilute, tarnish or otherwise harm the Pangea.ai brand in any way, including through unauthorized use of its content, registering and/or using Pangea.ai or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Pangea.ai domains, trademarks, taglines, promotional campaigns or content;
3.3.7 Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Pangea.ai Platform for any purpose;
3.3.8 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Pangea.ai or any of Pangea.ai 's providers or any other third party to protect the Pangea.ai Platform;
3.3.9 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Pangea.ai Platform;
3.3.10 Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Pangea.ai Platform;
3.3.11 Offer, as a Vendor, any services that you do not yourself own or have access to, in order to make it available through the Pangea.ai Platform.
4.1 The Party shall not access or use the Application, or the Platform if said Party is located in any jurisdiction in which the provision of the Platform or the Pangea.ai Platform is prohibited under applicable laws or regulations (a “Prohibited Jurisdiction”) and the Party shall not provide access to the Application, or Platform to any government, entity or individual located in any Prohibited Jurisdiction. The Party represent, warrant and covenant that in any jurisdiction (a) said Party is not named on any government list of persons or entities prohibited from receiving exports, or transacting with any person; (b) the Party is not a national of, or a company registered in, any Prohibited Jurisdiction; (c) the Party shall not permit Agents or End-Users to access or use the Platform or any Service in violation of any applicable prohibitions or restrictions; and (d) the Party shall comply with all applicable laws regarding the transmission of technical data exported from their jurisdiction and the country in which the Party, Agents and End-Users are located.
4.2 A Party’s rights under these Terms will automatically terminate without notice from Pangea.ai if (i) the Party fails to comply with the Terms or any Pangea.ai Policies, (ii) the Party has violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Pangea.ai, its Users, its Vendors, or third parties. In case of such termination, said Party must cease all use of the Platform and the Pangea.ai Platform, and Pangea.ai may immediately revoke the access to the Platform and Pangea.ai Platform without notice to said Party and without refund of any fees.
4.3 NEITHER PANGEA.AI NOR ANY OFFICER, EMPLOYEE, DIRECTOR OR ANY OTHER REPRESENTATIVE OF PANGEA.AI SHALL BE LIABLE TO EACH PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS AND THE PLATFORM, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. BY ENTERING THIS AGREEMENT EACH PARTY RECOGNIZES THE LIMITATIONS HEREIN ON PANGEA.AI’ LIABILITY AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND PANGEA.AI HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE EACH PARTY THE RIGHTS TO ACCESS AND USE THE PLATFORM PROVIDED FOR IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to a Party. IN THESE JURISDICTIONS, PANGEA.AI’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.4 These Terms constitute the entire agreement, and supersede any and all prior agreements between a Party and Pangea.ai with regards to the use and access to the Pangea.ai Platform. These Terms shall apply in lieu of the terms or conditions in any purchase order or other order documentation the Party or any entity which the Party represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either Party with respect to the Platform.
4.5 We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. If we make changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will notify each Party not less than ten (10) days prior to the effective date of any such amendment and the Party’s continued use of Pangea.ai Platform and the Platform following the effective date of any such amendment may be relied upon by Pangea.ai’s as the Party’s consent to any such amendment. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms. Pangea.ai’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
4.6 If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
4.7 The Parties are independent contractors and legal entities, and hence, these Terms do not create a vendorship, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
4.8 The data showcased on the Site and/or the Pangea.ai Platform, including the information needed to become a Vendor of the Pangea.ai Platform might be updated periodically, therefore we insist that each Party check the newest information in our FAQ.
4.9 These Terms are governed by and construed in accordance with the laws of Valais, Switzerland.
4.10 Each Party is responsible for maintaining the confidentiality and security of their Pangea.ai account credentials and may not disclose these credentials to any third party. Each Party must immediately notify Pangea.ai if they know or have any reason to suspect that their credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of their Pangea.ai account. Each Party is liable for any and all activities conducted through their Pangea.ai account, unless such activities are not authorized by said Party and said Party is not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.11 We welcome and encourage all Parties to provide feedback, comments and suggestions for improvements to the Pangea.ai Platform. If a Party has questions, comments or feedback about the Application or the Pangea.ai Platform, email us at firstname.lastname@example.org, or reach us by post at:
Digital Knights SARL
c/o Fiduciaire FIDAG SA
Succursale de Verbier, Route de Verbier Station 23
1936 Verbier, Switzerland
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