These terms of use (the "Terms") govern your relationship with the Penbook application for iPadOS and iOS (the "App"), owned and operated by User Camp Inc. DBA Pencil Research ("us", etc.). By using the App, you accept these Terms and you agree to be bound by them.
Some features of the App require you to purchase a subscription.
Payment will be charged to your Apple ID account at the confirmation of purchase. Your subscription automatically renews, unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
Subscription payments are non-refundable.
We may, in our sole discretion, terminate or suspend your access to all or part of the App at any time, with or without notice, for any reason, including, without limitation, breach of these terms.
We reserves all rights not granted in and to the content and materials available in the App. All materials available in the App, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by us. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the App without our prior written permission.
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL, AND MAKE NO, REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED, AND DO NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OF THE APP, WHETHER ONLINE OR OFFLINE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE APP INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF THE APP; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OR SOFTWARE UNDERLYING THE APP; AND/OR (C) INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE APP.
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, without regards its principles of conflict of laws.
These Terms, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by us without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these terms. The failure of us to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms.
