www.pathaka.ai is a website operated by Pathaka Limited (Pathaka, we, us). We are registered in England under company number 15419258 and have our registered office at 1 Poultry, London, United Kingdom, EC2R 8EJ.

To contact us, please use the Pocket site tools or email us at: enquiries@pathaka.ai

"Pathaka" refers to:

• our site i.e. this website or app, including its subdomains and any other website through which Pathaka makes its Service available;
• applications for mobile, tablet and other smart device systems available from our website/app and third party stores such as Apple Store and browser extensions;
• any Application Program Interfaces (API) used for the Services;
• the Service; and
• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them and that you are 16 years old or more. If you do not agree to these terms, you must not use our site.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Pathaka. Additional conditions of use or access may apply in specific scenarios or for specific products and services available through Pathaka and in such cases are additionally indicated within this document or on our website / app.

By using Pathaka, you confirm there are no known restrictions that impair your ability to lawfully use our services.

These terms of use refer to the following additional terms, which may also apply to your use of our site:

Our Privacy Statement and Cookie Policy: https://app.pathaka.ai/privacy-policy

We amend these terms from time to time. Every time you wish to see our site, please check these terms to ensure you understand the terms that apply at that time.

To use the Service you must register or create a you account, providing all required data or information in a complete and truthful manner. For the information we may collect from you, please review our Privacy Policy https://app.pathaka.ai/privacy-policy

You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the standards of strength permitted by Pathaka. By registering, you agree to be fully responsible for all activities that occur under your name and password.

You are required to immediately and unambiguously inform Pathaka via the contact details indicated in this document if you think your personal information, including but not limited to your accounts, access credentials or personal data, has been violated, unduly disclosed or stolen.

By registering, you agree as follows:

• Accounts registered by bots or any other automated methods are not permitted.
• your account may not be shared with other persons.

Rewards, benefits and other incentives available in Pathaka are offered by or in collaboration with Pathaka's approved brand partners. These offers may be withdrawn or changed at any time and the current published terms of offer of Pathaka or the third party brand applicable to the offer shall be binding.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any Services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information that includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws that are applicable to us.

Pathaka reserves the right to suspend or terminate your account in full or remove your access to certain features of Pathaka at any time and without notice, at Pathaka's sole discretion, in cases where:

• you have violated these Terms; and/or
• your access or use of Pathaka may cause injury to Pathaka, other users or third parties;
• you have failed to keep your site access details safe and it poses a risk to our Services and your data;
• the use of Pathaka by you may cause violation of law or regulations;
• in case of an investigation by legal action or governmental involvement;
• we have reason to believe that your personal data or site access details have been compromised by an unauthorised third party;
• the account or its use is deemed to be, at Pathaka's sole discretion, inappropriate or offensive or in violation of these Terms (including additional terms of any offers available on the site).

The suspension or deletion of your accounts or site features shall not entitle you to any claims for compensation, damages or reimbursement.

Subject to payment for any subscription services that have not expired, you can terminate your account at any time by deregistering or by contacting us at enquiries@pathaka.ai. Once your account is terminated, we will delete your account information. We may retain certain personal data and other information in respect of your account for the following purposes:

• To comply with our legal obligations;
• To resolve disputes;
• To protect our rights or property;
• To provide customer support;
• To improve our products and services; and
• To comply with applicable laws and regulations.

Please note that even after your account is terminated, some of your information may still be visible to others, such as if you have shared it with others in accordance with their terms and conditions.

Through Pathaka you may have access to external resources provided by third parties. you acknowledge and accept that Pathaka has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Pathaka and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

You are solely responsible for making sure that your use of Pathaka and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, Pathaka reserves the right to take any appropriate measure to protect its legitimate interests including by denying you access to Pathaka or the Service, terminating contracts, reporting any misconduct performed through Pathaka or the Service to the competent authorities – such as judicial or administrative authorities - whenever you engage or are suspected to engage in any of the following activities in relation to the site or Service:

• violate laws including tax evasion, money laundering and terrorist financing, other regulations and/or these Terms;
• infringe any third-party rights;
• impair Pathaka's legitimate interests including the functionality of the site.

You grant Pathaka and any trusted brands you decide to share data with a non-exclusive, royalty-free licence to use the information you provide or related to your use of the Services for all purposes connected with the Services.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as audio files generated through the app, copyrights, trademark rights, patent rights and design rights related to Pathaka are the exclusive property of Pathaka or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Pathaka are, and remain, the exclusive property of Pathaka or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. You are granted a non-exclusive non-transferable right to use the site for the purpose of use of the Services only.

API usage terms

You may access your data relating to Pathaka via the Application Program Interface (API) when available. Any use of the API, including use of the API through a third-party product/service that accesses Pathaka, is bound by these Terms and, in addition, by the following specific terms you expressly understand and agree that Pathaka bears no responsibility and shall not be held liable for any damages or losses resulting from your use of the API or use of any third-party products/services that access data through the API.

Some of the Services provided on Pathaka, as part of the Service, may be provided on the basis of payment where specified. The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of Pathaka that relate to such Services.

Right to Cancel

You can cancel use of the free Services at any time. To the extent that paid subscription Services are available on the Site these can be cancelled at any time within the first 14 days of subscription without charge unless otherwise specified. In all other cases any paid for subscription services will terminate at the end of the subscription period.

Service description

Prices, descriptions or availability of Services are outlined in the respective sections of Pathaka and are subject to change without notice.

While Services on Pathaka are presented with reasonable accuracy, representations of a Service on Pathaka through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the Service.

The characteristics of the chosen Service will be outlined during the purchasing process.

Subscription Fee

By subscribing to our Services, you agree to pay the applicable subscription fees where they are applicable as outlined on our site or as communicated during the sign-up process. The subscription fees may vary depending on the type of subscription plan you select.

Payment Method

You must provide valid and up-to-date payment information to process any subscription fees if they are applicable. Accepted payment methods will be specified on our website. By providing such payment information, you authorise us to charge the subscription fees to the selected payment method.

Recurring Billing

Unless explicitly stated otherwise, all subscriptions are automatically renewed on a recurring basis. This means that your chosen payment method will be charged automatically at the end of each billing cycle for the next subscription period.

Billing Cycle

The billing cycle for your subscription will be as specified on our website or during the sign-up process. It may be monthly, annually, or according to another agreed-upon frequency.

Non-transferability

Subscriptions are non-transferable. You may not transfer, sell, or assign your subscription to any other individual or entity.

Prices

You will be informed during the purchasing process for any paid for services that may be available through Picket and before order submission, about any fees, taxes and costs that they will be charged.

Fee Changes

We reserve the right to modify subscription fees or introduce new fees for any new or existing subscription plans. In such cases, we will notify you in advance and provide you with an opportunity to opt out of the service before the fee changes take effect.

Methods of payment

Information related to accepted payment methods is made available during the process where applicable. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of Pathaka.

All payments are independently processed through third-party services. Therefore, Pathaka does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

Payment Failures

In the event of a payment failure, we will attempt to notify you, and you will be given a grace period to update your payment information. If the payment issue remains unresolved within the grace period, your subscription may be suspended or terminated at our discretion.

Fee Disputes

If there are paid for services available on Pathaka and provided by us and you believe there is an error in any fees charged, you must notify us within 7 days from the billing date. Failure to do so will be considered an acceptance of the fees charged. Some fees, such as bank processing fees, are non-refundable.

To ensure the best possible service level, Pathaka reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing you appropriately. Within the limits of law, Pathaka may also decide to suspend or discontinue the Service altogether. Additionally, the Service might not be available due to reasons outside Pathaka's reasonable control, such as "force majeure" events (including infrastructural breakdowns or blackouts etc.).

Despite reasonable efforts, we cannot guarantee that the Service will always be free from viruses or other harmful code. You are responsible for configuring your devices (including your smartphone) in order to access the Services and you should use a trusted virus protection software service.

Unless otherwise explicitly stated and without prejudice to applicable law, you shall have no right to claim damages against Pathaka (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as the site has been appropriately and correctly used by you.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Pathaka shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

We are not liable to compensate you for:

• any loss or damage you may suffer that was caused by events outside our control, including, but not limited to changes in applicable law, a major suspension or interruption of public services or electrical power and delays or other malfunctions in our communications systems (including phone and email), IT systems, or the internet;
• any loss or damage you may suffer that was not foreseeable at the time of providing the Services;
• any loss or damage arising from our failure to perform any obligations under these Terms due to a force majeure event, virus or other harmful code;
• any loss of profit, loss of business or goodwill, damage to reputation, business interruption, or loss of business opportunity resulting from the use of our site and the Services;
• any loss of data which is caused by factors other than gross negligence or breach of any mandatory statutory duty;
• the acts or omissions of any third party providers of services available through the site or brands that you interact and choose to share data with using the Insights service.

You agree to indemnify and hold Pathaka and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to legal; fees and costs ⁠— made by any third party due to or in relation with any violation of these Terms, third-party rights or statutory provisions connected to your use of the Service to the extent allowed by applicable law.

Pathaka is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the site and all information, products and other content (including that of third parties) included in or accessible from the site, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.

Pathaka's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of Pathaka and of its Service without Pathaka's express prior written permission, granted either directly or through a legitimate reselling program.

Pathaka reserves the right to amend or otherwise modify these Terms at any time. In such cases, Pathaka will appropriately inform you of these changes. Such changes will only affect the relationship with you from the date communicated to you onwards. The continued use of the Service will signify your acceptance of the revised Terms. If you do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

Pathaka reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking your legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. You may not assign or transfer your rights or obligations under these Terms in any way, without the written permission of Pathaka.

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

These Terms are governed by the law of England & Wales, without regard to conflict of laws principles. To the extent that mandatory consumer laws apply in another country they shall be applicable.

The exclusive competence to decide on any dispute resulting from or connected to these Terms lies with the courts of England & Wales to the fullest extent permitted by law.