Terms and Conditions -

TERMS AND CONDITIONS

Effective as of January 1, 2026

Unless otherwise specified, the terms of use detailed in this section apply generally when using this website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Subscription

To fully use the Service Users may subscribe, providing all required data or information in a complete and truthful manner.
Users may also use the Service without subscribing; however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this website.

By subscribing, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform Penidears via the contact details indicated in this document, if they think their personal information, including but not limited to User subscription, access credentials or personal data, have been violated, unduly disclosed or stolen.

Subscription termination

Users can terminate their subscription and stop using the Service at any time by doing the following:

By directly contacting Penidears at the contact details provided in this document.

Subscription suspension and deletion

Penidears reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User subscription which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User subscription shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of subscription due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this website

Unless where otherwise specified or clearly recognizable, all content available on this website is owned or provided by Penidears or its licensors.

Penidears undertakes its utmost effort to ensure that the content provided on this website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Penidears holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this website, the User may download, copy and/or share some content available through this website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Penidears are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The may sometimes allow Users to upload, share or provide their own content to this website.

By providing content to this website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this website they grant Penidears a non-exclusive, and royalty-free license to process such content solely for the operation and maintenance of this website as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this website.

Users acknowledge, accept and confirm that all content they provide through this website is provided subject to the same general conditions set forth for content on this website.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this website.

Users acknowledge and accept that Penidears may filter or moderate such content and that Penidears reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this website:

if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where Penidears is made aware that the content, while being accessible via this website, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold Penidears harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this website.

Access to external resources

Through this website Users may have access to external resources provided by third parties. Users acknowledge and accept that Penidears 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.

Acceptable use

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

Users are solely responsible for making sure that their use of this website and/or the Service violates no applicable law, regulations or third-party rights.

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

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair Penidears’ legitimate interests;
offend Penidears or any third party.

Liability and indemnification

Indemnification

The User agrees to indemnify and hold Penidears 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 lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against Penidears (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 this Application has been appropriately and correctly used by the User.

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

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, Penidears expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Penidears or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, Penidears, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

Penidears does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised/launched or offered by a third party through the Service or any hyperlinked website or service, and Penidears shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Penidears cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall Penidears, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of Penidears’ secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold Penidears and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

Penidears’ 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.

Service interruption

To ensure the best possible service level, Penidears reserves the right to interrupt the Service for maintenance, system updates or any other changes, without informing the Users appropriately.

Within the limits of law, Penidears may also decide to suspend or terminate the Service altogether. If the Service is terminated, Penidears will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Penidears’ reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.)

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this website and of its Service without Penidears’ express prior written permission, granted either directly or through a legitimate reselling program.