Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of photoniqo.com (the "Service") operated by Photoniq (3945 Freedom Circle, Suite 1100, Santa Clara, CA 95054). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.

3. Intellectual Property

The Service, including all text, graphics, logos, and software, is owned by Photoniq or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose.

4. User Content

You are responsible for any content you submit through the Service (including via contact forms or email). You represent that you have all necessary rights to submit such content. You grant us a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Photoniq DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Photoniq AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless Photoniq from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and Photoniq each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact