Last Updated: May 2, 2023
These Robo Shield Terms of Service are the terms under which Pango makes the Robo Shield mobile app software (the “App”) and related services and content (collectively, the “Service”) available to you, the individual accepting this agreement. In this document, we’ll outline in detail what we provide you, our customers, and each of our legal obligations. The details contained in this document will be collectively referred to as the “Terms.”
Here is a quick breakdown of the Terms:
“Pango”, “We” or “Us” means Intersections, LLC and certain of our affiliates. These Terms represent a binding contract between you and Pango.
These Terms apply to your use of Robo Shield by Pango as described in these Terms (collectively, the “Services”), including all software provided as a part of our Services (the “Software”).
These Terms apply anytime you:
(i) create an account in connection with the Services
(ii) download or use any Software in connection with the Services; and
(iii) use the Services or interact with Pango in connection with the Services in any other way
You are agreeing to these Terms when you sign up for or use the Services and any time you access or use the Services. We encourage you to read our Terms carefully, specifically the automatic renewal terms and mandatory arbitration, which significantly affect your legal rights.
To make it easier to understand, we’ve divided our legal terms into four parts:
(1) Billing, Cancellation, and Refund Policies: This covers terms related to billing, automatic renewals, cancellation, and refunds, when billing is handled by Pango. Separate terms may apply if you didn’t purchase the Services directly from Pango.
(2) General Legal Terms: This covers the general legal terms that make up the contractual relationship between you and Pango such as eligibility, user accounts, binding arbitration, and indemnification.
(3) Service-Specific Terms: These are terms that apply to the specific Services that Pango is providing to you. You may not receive all Services listed herein if you didn’t purchase the Services directly from Pango.
(4) License Terms: These are terms that govern how we give you a license to access and use the Services.
Our Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless: (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 below, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the email address in your account dashboard which at the time of publishing is [email protected], or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
You may also be eligible for a refund depending on the specific plan and offer you subscribed to in accordance with the applicable section(s) below.
In the event you switch your Pango Subscription plan, we will send you an email confirming the plan change, and reflect any credit or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.
Certain Services may include a Money Back Guarantee if you are not satisfied for any reason. If a Money Back Guarantee is offered for the Services, the terms of the Money Back Guarantee will be visible in your account profile.
A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars.
If the billing method you provide is a credit or debit card (“Payment Card”), you:
(a) represent that you are authorized to use such Payment Card;
(b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;
(c) agree to keep your Payment Card details valid and current; and
(d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.
If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.
We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. If you received the Services free of charge, we also reserve the right to begin charging for the Services at any time, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you.
You may cancel your service at any time through your online account or by e-mailing [email protected]. If you enrolled in our Services via Other Reseller Programs, no refunds are provided by Pango. The Services will continue to be accessible until the last day of your current month’s billing cycle. Should you have questions, please contact your Reseller as any disposition of refunds, if owed, is between you and the Reseller.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS – IF YOU RESIDE IN THE U.S. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH PANGO AND ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 2.12 OF THESE TERMS FOR DETAILS REGARDING ARBITRATION.
Our Services are not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from the Services by Pango. “Eligible” means that you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater). By downloading, using, or accessing the Services, you represent and warrant that you are Eligible. Under no circumstances may anyone under 16 years of age use or access the Services at any time or in any manner or submit any information through the Services outside of the circumstances outlined in this section.
You are fully and solely responsible and liable for the content and data you enter into our Services. Registration as a user or subscriber with the Services may require both a user name and a password, and certain portions of the Services may require the use of multiple one-time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or third-party service. You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud or a violation of these Terms, as determined in our sole discretion.
If you provide to Pango, either directly or through a third-party such as the Apple App Store, feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you are granting to the maximum extent permitted by applicable law to Pango and its affiliated companies a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Services or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. No compensation will be paid with respect to the use of your Submission. Pango is under no obligation to post or use any Submission you may provide and Pango may remove any Submission at any time in its sole discretion. By providing a Submission to Pango, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that: (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes a third-party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third-party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone other than yourself. You agree that by providing your personal information to us in a Submission, you authorize our use, disclosure, and storage of your personal information; and (vii) you will not provide a Submission that contains any potentially damaging computer programs or files.
You are responsible for your Submissions and acknowledge that once published, we cannot always remove them. Your Submissions shall not be deemed confidential and Pango shall not have any obligation to keep any such material confidential. Pango shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
Also we may, in our sole discretion, include new and/or updated beta features in the Services for your use and which permit you to provide feedback via mechanisms that Pango offers for your feedback. Using beta features may subject you to the payment of fees. We will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you. You understand and agree that your use of the beta features is voluntary. The beta features are provided on an “as is” basis and you acknowledge and agree that all use of beta features is at your personal risk. Certain beta features may be subject to additional terms or an agreement.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
For the App, depending on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. We suggest that you promptly download and install all Updates. If you do not download and install the most recent Updates, portions of the Services may not properly operate. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms.
You agree that Pango has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, Updates, discontinuance or deletions.
Pango may, in its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials are only available to users who have not subscribed to the Services in connection with a Free Trial being offered in the last 12 months or other duration as clearly defined by Pango in the signup flow and/or in the applicable promotional materials.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You may cancel your Subscription within at least 24 hours prior to the end of your Free Trial through your Pango dashboard and unless you cancel during the aforementioned timeframe. You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
We may offer or provide you access to products, services, or websites provided by third parties, including but not limited to free services provided by third parties and websites that hyperlink to our website or to whom we hyperlink (collectively “Third-Party Content”). Pango does not control or bear any responsibility for Third-Party Content, including but not limited to their products or services or use by them of personal information you may provide them.
If you choose to access or use any Third-Party Content, including without limitation through third-party payment vendors while using the Services. Your personal information may be available to a third-party content provider. If you choose to visit or use any Third-Party Content, these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Pango has no responsibility for any third-party’s policies or any third-party’s compliance with them. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
To the fullest extent permitted by law, you agree to indemnify and hold Pango, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the “Pango Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use and misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Pango reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Pango Entities, and you agree to cooperate with Pango’s defense of these claims. Pango will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Services, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Services without (a) the prior written consent of Pango, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”). If Pango, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, PANGO DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANGO OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITH NO ASSURANCES THAT THE SERVICES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. PANGO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, OR DOWNLOAD THE SERVICES, OR OTHERWISE OBTAIN OR TRANSMIT MATERIALS, DATA, OR OTHER CONTENT WHILE USING THE SERVICES, YOU DO SO AT YOUR DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, PANGO AND THE PANGO ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Also, when using the Services, information will be transmitted over a medium that is beyond the control and jurisdiction of Pango, its partners, advertisers, and sponsors, or any other third-party mentioned on the Services. Accordingly, Pango assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
NEITHER PANGO NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU, IN ANY EVENT, IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID PANGO FOR YOUR MEMBERSHIP.
2.10 Basis of the Bargain
You acknowledge and agree that Pango has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Pango, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Pango. Pango would not be able to provide the Services to you on an economically reasonable basis without these limitations.
This Section 2.11 applies where the Services are provided for the benefit of a U.S. governmental end-user. As defined in FAR section 2.101, the Services are “commercial items” and according to FAR 12.212 and DFARS section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFARS section 227.7202, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
Please read this carefully. It affects your rights.
(A) Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us via the email address in your account dashboard which at the time of publishing is [email protected]. In the unlikely event that customer service is unable to resolve a complaint you may have with Pango or Pango’s service provider(s) to your satisfaction (or if Pango and/or Pango’s service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and Pango and/or Pango’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.12. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.12) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and Pango and/or Pango’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
(B) Arbitration Agreement – You, on the one hand, and Pango and/or Pango’s service provider(s), on the other, agree that any claim or dispute (“Claim”) between us shall, at the election of any one of us, be resolved by binding arbitration ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA and appear at adr.org. Pango can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against Pango or Pango’s service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Services or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).
You agree that, by entering into these Terms or otherwise using the Services, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. (The filing fee for consumers currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU, ON ONE HAND, AND PANGO AND/OR PANGO’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pango agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), except to the extent state law provides defenses or exceptions not preempted by the FAA. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 2.12 shall survive any termination, cancellation, or expiration of this Agreement.
Exceptions to Arbitration: Notwithstanding the foregoing, the following claims are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity: (1) claims properly lodged in a small claims court of the United States.
BY USING THE SERVICES YOU AGREE NOT TO:
It is Pango’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines.
You may reach Pango at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Pango.
If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services.
(b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
(c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(d) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
If the Software is provided to you through the Google Play Store (“Google-Sourced Software”), then the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) you acknowledge that these Terms for the Services including the Google-Sourced Software are between you and Pango only, and not with Google, Inc. (“Google”);
(b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(d) Pango, and not Google, is solely responsible for its Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
(f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Pango’s Google-Sourced Software.
We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to respond to claims asserted against us or our affiliates; to enforce and to ensure (including any investigations needed) a user’s compliance with these Terms; to conduct risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues; to protect our and our affiliates’ rights, property or safety of Pango, its other users or members of the public to provide the Services to you or other users; and/or to enhance the types of Services we may provide in the future.
Pango may, in its sole discretion, terminate your use of the Services or discontinue providing access to the Services at any time and for any reason without notice, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by Pango in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that Pango will not be liable to you or any third-party for any such termination.
If such termination or discontinuation occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at Pango’s sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact us via the email address in your account dashboard which at the time of publishing is [email protected], and describe the circumstances relating to the termination or discontinuation of your use of the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pango may have at law or in equity.
You may terminate these Terms at any time by discontinuing use of the Services, canceling and deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services. Please note that if you terminate these Terms before your Subscription end, you will continue to be billed for the Services until your Subscription ends.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Pango without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third-party may not include all of the same features as a Subscription purchased through our desktop Site). Not all features may be available on all devices. Depending upon the Services you subscribe or register to use, you may be permitted to be enrolled as follows: (1) by telephone, (2) by the Pango website, (3) by another method permitted by Pango or (4) by a third-party who is authorized on Pango’s behalf or provide your personal information to enroll you on your behalf. Features may be added, changed or removed during the Subscription term. We may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Pango concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
Neither Pango nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
These Terms will be governed by and construed by the laws of the State of New York, USA, exclusive of its choice of law principles.
These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words “includes,” “including,” “such as,” “for example,” and similar terms are deemed not to limit what else might be included.
You agree that in the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services, except any claim properly lodged in a Small Claims Court of the United States, will be filed only in the state or federal courts located in Boston, Massachusetts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.
All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Pango must be sent to Intersections, LLC at 250 Northern Ave., 3rd Floor, Boston, MA 02210, marked to the attention of the Legal Department, with a copy emailed to [email protected]. Email alone is insufficient for providing non-routine legal notices to Pango such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Pango. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Pango in writing of any changes to such details.
If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.6 (Indemnification), 2.9 (Limitation of Liability), and 2.12 (Binding Arbitration) will survive.
Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
The failure of Pango to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pango. Any cause of action arising out of or related to the Service by you against Pango must commence within one (1) year after the cause of action accrues.
Pango may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. By continuing to use or access any of the Services or otherwise engaging with Pango after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Pango in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the e-mail address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services. Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
© 2022 Pango All rights reserved. “Robo Shield” and “Pango” are trademark and/or federally registered trademarks of Intersections, LLC.
All aspects of the Services and their content, features, and functionality are owned by Pango, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part IV of these Terms for the details of the limited license under which you are permitted to use the Services.
If you have any questions about these Terms, please contact us at the below address or by contacting us via the email address in your account dashboard which at the time of publishing is [email protected]:
Pango Customer Service
250 Northern Ave.,
Boston, MA 02210
2.37 Law Enforcement
Nothing contained in these Terms is in derogation of Pango’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Pango with respect to such use. Nor do these terms prevent Pango notifying and sharing information with law enforcement in the event Pango discovers its Services are being used in violation of applicable laws.
Pango’s Robo Shield enables you, among other things, to automatically block nuisance calls (robocalls, telemarketers, etc.), to forward all unknown calls to an AI assistant (“Call Assistant”) to blacklist and whitelist specific numbers and, if enabled, to block SMS spam messages. Pango also offers automated call screening assistance. When an unrecognized number calls that is not (i) a contact, (ii) on your whitelist, or (iii) not clearly identified as spam, the automated call screening assistance feature will prompt the caller to state a name and purpose for the call, all of which is transcribed and made available for your review. Certain features may not be available in earlier versions of the application or on Android devices.
Functionality: We use a telephone carrier network (“PSTN”) to deliver calls to your Device. The technology and how calls are received on your Device are determined by your telephone carrier and the version of the operating system your Device is running when the App is set up. Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.
Call Blocking/Forwarding: Activating the call blocking/forwarding feature means that certain incoming calls (e.g. declined calls, silenced calls or unanswered calls) are forwarded to Pango in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call – all before your phone rings). Calls from your Device’s contacts are not filtered by our service and go directly to your Device.
Number Monitoring: You agree to check the numbers and messages from blocked calls on your Device regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The Service also provides you the ability to create and modify a personal whitelist (“Allow List“) and blacklist (“Block List“). You can use the whitelist feature to ensure that a specific number is never blocked. You can add or remove users from your personal Allow List and Block List at any time. Please note that if you have requested a call from, or have an existing relationship with any commercial or financial services, including debt relief ro collections companies, or if you provided your number to authorize a sales call to any company and you desire to continue receiving those calls, we advise you to add the number to your address book or Allow List and to monitor your Pango messages for calls you may wish to return.
Access to Contacts: In order to provide the Services, Pango must access the numbers in your Device’s address book.
The Call Assistant. Pango provides you the option to use its Call Assistant to respond to all unknown calls. If you choose to use Call Assistant, unknown callers (i.e. those not in your phone contact list) will hear a very polite but concise default recording. When the unknown caller engages with Pango’s Call Assistant, the conversation is recorded and transcribed. Only the conversation between the Call Assistant and the unknown caller will be recorded and transcribed. We do not record or transcribe your conversation with the unknown caller. The Call Assistant will categorize the call as Verified, Spam, or Unverified. “Verified” means the Call Assistant determines the unknown caller is not making an unsolicited commercial call (i.e. a doctor’s appointment reminder). “Spam” means the Call Assistant determines the unknown caller is making an unsolicited commercial call or a known scam offer (i.e. a call to extend your car’s warranty). “Unverified” means the unknown caller’s response is too vague for the Call Assistant to categorize the call as Verified or Spam.
By default, if the Call Assistant categorizes the call as Verified, it will transfer the call to you. If the Call Assistant categorizes the call as Spam or Unverified, it will request the caller leave a voicemail, which will be recorded and saved within the App (“Robo Shield Recording”). You choose to change these default settings to have the Call Assistant also transfer Spam and/or Unverified calls to you. BY USING PANGO’S CALL ASSISTANT FEATURE, YOU EXPRESSLY AUTHORIZE US TO RECORD AND TRANSCRIBE CALL ASSISTANT CONVERSATIONS ON YOUR BEHALF.
Legal Compliance: Depending on the state or country in which you are located, the Call Assistant recordings may require you or Pango to acquire the consent of the other parties on the call prior to recording the telephone conversation. YOU ACKNOWLEDGE AND AGREE THAT AS THE INDIVIDUAL DIRECTING THE RECORDING, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE LAW IN THE STATE OR COUNTRY IN WHICH YOU ARE RECEIVING CALLS PRIOR TO USING THE CALL ASSISTANT FEATURE IN THAT STATE OR COUNTRY. You agree not to enable the Call Assistant feature unless you have first determined that your use is legal.
Voicemail and Call Screening Transcriptions: Pango may transcribe voicemail messages and call screening recordings that will be made available for your use. Should you decide to deploy the transcription features, you acknowledge and expressly agree that Pango may transcribe or have transcribed by a third party and store or have stored by a third party, voicemail messages and call screening recording, and to make such transcriptions available to you.
Call Data Retention: We make no guarantees that we will retain certain call data such as calls, call recordings, voicemail, call screens, Robo Shields and transcriptions for greater than six (6) months, after which we may delete such call data. If you would like to retain this information, you can go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.
SMS Spam Protection: Pango provides you with the option to enable a SMS spam protection feature which will filter SMS and MMS messages from individuals not in your Device’s contacts. When you enable the SMS spam blocking feature and grant us permission, we will filter SMS text messages from individuals that are not in your Device’s contacts and attempt to block any spam messages.
Call Forwarding Deactivation: Please follow the following deactivation steps if you enabled the call blocking/forwarding feature during the setup process. In addition to unsubscribing, you must deactivate your account within the App. If you still have the App on your Device, please open the Pango App > tap the settings tab located in the bottom right > tap help & feedback under support > tap disable Pango > follow the on-screen instructions. If you deleted the App before deactivating the call blocking/forwarding feature, please open the settings icon on your Device > tap phone > tap call forwarding > turn off call blocking/forwarding. If you fail to deactivate the call blocking/forwarding feature, you will not receive your voicemail messages and may experience other problems with your telephone carrier.
License: We may collect and store unrecognized numbers that call or text (“Unrecognized Incoming Telephone Number”) you to provide, develop, test, and improve our services. You grant us a non-exclusive, fully paid up, royalty-free, worldwide, transferable, sublicensable, perpetual, and irrevocable right and license to use the Unrecognized Income Telephone Numbers to copy, modify, create derivative works, distribute, publicly perform, and display, and otherwise use the Unrecognized Incoming Telephone Numbers.
We are pleased to grant you, an individual consumer, a personal, non-transferable, nonexclusive term-limited license to install and use the Software and access the Services for which you have purchased a Subscription for personal use on the number of Devices (defined below) and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements.
“License Entitlement” means the number and type of Devices and users that are permitted to download and use the Software and access the Services, as specified at time of purchase and in your account profile. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
“Service Entitlement” means the scope and duration of the Services you purchased, as specified at time of purchase and in your account profile. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
“System Requirements” means the supported Devices and operating systems that the particular Pango product or service you purchased will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Services.
The Services, including the Software (and any releases, revisions, updates, or enhancements), and all of their content, features, and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design, selection and arrangement thereof, and any accompanying documentation (collectively, the “Materials”) are the exclusive property of Pango, its licensors, or other content suppliers and are protected by the United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by Pango, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Services or Materials. Pango reserves all rights not expressly granted in these Terms.
Subject to these Terms, Pango grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Services for internal, noncommercial, and personal purposes only and subject to your Service Entitlement and License Entitlement. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
You may not (and may not allow a third-party to):
(a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
(b) remove or destroy any copyright notices or other proprietary markings from the Services;
(c) attempt to circumvent any use restrictions applicable to the Services;
(d) modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services;
(e) use, copy, or distribute the Software without Pango’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only.
(f) use the Services to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed “not to use any ad blocking solutions”, for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
(g) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof;
(h) combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with Pango;
(i) except with Pango’s prior written permission, publish any performance or benchmark tests or analysis relating to the Services;
(j) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Services or any of your rights and obligations under this Agreement; or
(k) assault, interfere, deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
The Open-Source code components that are included with the Software are redistributed by Pango under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source code components from Pango under these Terms neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code components. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
You may use the Software solely to access the Services. A cell phone enabled to access the Internet (a “Device”) is required to utilize the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Services may vary and the Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
Upon expiration or any termination of these Terms, you must stop using the Services and destroy all copies of the Software and any associated documentation in your possession.