Terms of Use & End User License Agreement (EULA)

Effective Date: 1 January 2025

These Terms of Use and End User License Agreement (EULA) (collectively, “Terms”) govern the use of the website and services provided by Pictopal.com (“we,” “us,” or “our”). By accessing or using our website, software, and services (the “Services”), you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our Services.

These Terms include important provisions relating to our software development services and licensing, and limit our liability related to the software we provide.

1. Acceptance of Terms

By accessing or using the Pictopal.com website (the “Site”) and/or engaging with our software development services (the “Services”), you agree to comply with and be bound by these Terms of Use, including the End User License Agreement (EULA), which is part of these Terms. If you are using the Services on behalf of a company, you represent and warrant that you have the authority to bind the company to these Terms.

2. Use of the Website and Services

2.1. Website Access

We grant you a limited, non-exclusive, and non-transferable license to use the Site and the Services for their intended purposes, including browsing information, accessing the software, and engaging with the services.

2.2. Account Registration

Certain features of the Services may require you to register an account with us. You are responsible for maintaining the confidentiality of your account credentials and ensuring that all information provided is accurate and up to date. You agree to notify us immediately if you suspect any unauthorized use of your account.

2.3. Restrictions on Use

You agree not to:

  • Use the Site or Services for any illegal, fraudulent, or unauthorized purposes.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of our software.
  • Use any automated systems, including bots or crawlers, to access the Site or Services without prior authorization.
  • Violate any applicable laws or regulations while using our Site or Services.

3. Software Development Services

Pictopal.com offers custom software development, including but not limited to:

  • Web applications
  • Mobile apps
  • Enterprise software solutions
  • Software consulting and project management services

The specific terms and conditions of any software development engagement, including pricing, timeline, and deliverables, will be outlined in a separate Project Agreement between you (the “Client”) and Pictopal.com.

4. End User License Agreement (EULA)

4.1. Grant of License

Upon full payment for the software, Pictopal.com grants you a non-exclusive, non-transferable, and revocable license to use the software developed for you, subject to the terms of this EULA. This license allows you to:

  • Install and use the software on your specified devices.
  • Make copies of the software for backup purposes.

4.2. Restrictions

You may not:

  • Distribute, sublicense, lease, or transfer the software or any portion of it.
  • Modify, adapt, reverse engineer, or decompile the software unless expressly allowed by law or in writing by Pictopal.com.
  • Use the software to create derivative works or to develop software that competes with Pictopal.com’s products.
  • Use the software in violation of applicable laws or regulations.

4.3. Ownership

Pictopal.com retains all rights, title, and interest in the software, including all intellectual property rights associated with it. This license grants you only limited rights to use the software, and you do not obtain any ownership rights.

4.4. Updates and Support

Pictopal.com may provide software updates, bug fixes, and enhancements as part of an ongoing support agreement. However, there is no obligation to provide such updates or support unless explicitly agreed upon in writing.

5. Limitation of Liability

5.1. No Warranty

The software and Services are provided “as is,” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the software will be error-free or uninterrupted.

5.2. Limitation of Liability

In no event will Pictopal.com be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, data, or business interruption, arising from or related to the use of the software, Services, or the website, even if we have been advised of the possibility of such damages.

Our total liability under these Terms and the EULA shall not exceed the amount you paid to Pictopal.com for the Services giving rise to the claim.

6. Confidentiality

Both parties agree to keep all confidential information exchanged during the course of the Services private and not disclose it to any third party, except as required by law. Confidential information includes, but is not limited to, proprietary business data, software, and technical specifications.

7. Termination

Pictopal.com reserves the right to suspend or terminate your access to the website or Services if you breach any of these Terms, including any provisions of the EULA. Upon termination:

  • You must immediately stop using the software.
  • Any outstanding payments for Services will remain due.

Termination of the EULA does not affect Pictopal.com’s right to enforce any rights or obligations under the agreement that survive termination, including indemnification and liability limitations.

8. Privacy Policy

Your use of the Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our website or Services, you consent to the practices described in our Privacy Policy.

9. Governing Law and Dispute Resolution

These Terms and the EULA are governed by the laws of Nigeria. Any disputes arising from or relating to the use of the software, Services, or this agreement shall be resolved through binding arbitration in Nigeria. You agree to submit any such disputes to arbitration rather than litigation, except where prohibited by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pictopal.com, its affiliates, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with your use of the software, the Services, or your violation of these Terms and the EULA.

11. Modifications

We may modify or update these Terms, including the EULA, at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the website or Services after such changes constitutes your acceptance of the updated Terms.

12. Third-Party Links

The website or Services may contain links to third-party websites or services that are not owned or controlled by Pictopal.com. We are not responsible for the content, privacy practices, or terms of use of these external sites. We encourage you to review their privacy policies and terms before using them.

13. Contact Information

If you have any questions or concerns regarding these Terms of Use or the End User License Agreement, please contact us:

Email: info @ pictopal.com

By using the Site and engaging with our Services, you acknowledge that you have read, understood, and agreed to these Terms of Use and the End User License Agreement (EULA).