Thank you for visiting our website.
These terms govern your use of our website or services such as PIMMS, pimms.io, pim.ms (collectively, “Services”) and software that we include as part of the Services, including any applications, User Files (as defined below), scripts, instruction sets, and any related documentation (collectively “Software”).
By using the Services or Software, you agree to these terms.
If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms.
As discussed further in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.
By using our services, you may upload or otherwise provide files and information and process such files and information (“User Files” whether originally provided by you or processed by using our services) to us.
1. How this Agreement Works
1.1 Choice of Law
Your relationship is with PIMMS, a company incorporated under the laws of Switzerland, with its registered offices at
PIMMS
Monsieur Alexandre Sarfati
C/O Dilytics
Chemin de Louis-Hubert 2
1213 Petit-Lancy
Switzerland
and the Services and Software are governed by the laws of Switzerland.
1.2 Privacy
The Privacy Notice governs any personal data you provide to us. By using the Services or Software you agree to the terms of the Privacy Notice.
1.3 Desktop Application Usage Data
Whilst using the Services, you will share information with PIMMS about how you use our web application. This shared information is associated with your PIMMS account and allows us to provide you with a more personalized experience, and helps us improve product quality and features.
1.4 Modification
We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
2. Use of Service
2.1 License
Subject to your compliance with these terms and the law, you may access and use the Services.
2.2 PIMMS Intellectual Property
We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. You are especially not allowed to resell any of our products, Software and/or Services.
2.3 Pre-release Version
We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failures and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.
3. Your Content
3.1 Ownership
You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
3.2 Our Access
We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (c) improve our Services and (d) enforce these terms.
4. Account Information
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
5. User Conduct
5.1 Responsible Use
You must use the Services responsibly.
Children under 16 are not allowed to use PIMMS Services. If you are based in the European Economic Area or in any country with similar regulation, you may only use PIMMS Services if you are over the age at which you can provide consent to personal data processing under the laws of your country or if verifiable parental consent for your use of our Services has been provided to us. If you are a parent and you learn that your child is using our Services and you don’t want them to, please contact us.
5.2 Misuse
You must not misuse the Services, Software, or content that we provide to you as part of the Services or Software. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
(b) enable or allow others to use the Service, Software, or content using your account information;
(c) use the content or Software included in the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(i) attempt to disable, impair, or destroy the Services, software, or hardware;
(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(l) place advertisement of any products or services in the Services except with our prior written approval;
(m) use any data mining or similar data gathering and extraction methods in connection with the Services;
(n) violate applicable law; or
(o) encrypt or protect files in countries where this is prohibited
6. Fees and Payment
6.1 Fees, Third-Party Fees and Taxes
Our current fees and prices for our services can be found under https://pimms.io/pricing. Our fees and prices are subject to change. If we change the fees and prices, we will inform on the new fees and prices one month in advance on the mentioned website or by contacting you via email. If you do not want to accept the new fees and prices, you may terminate the Services/this Agreement within this month over your account page or by contacting us via email or in writing.
If you buy any of our paid Services, you agree to pay us the applicable fees, any applicable taxes and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees of third parties you have engaged. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
Our fees and the scope of our services might vary depending on profiling of your specific consumer behaviour.
6.2 Credit Card Information
If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
6.3 Billing
We will automatically bill the membership fee to your plan, price and payment method selected until your subscription is cancelled or terminated. If you do not terminate your subscription, it will be automatically renewed.
You and PIMMS may cancel or terminate your subscription at any time. Any cancellation will take place from the next billing period, i.e. any cancellation will only cancel future billings. We do not provide refunds except in cases requested by mandatory law or where otherwise explicitly communicated to you. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6.4 Free Trial
The free trial shall last for the period mentioned on the website. After this free trial, the regular price will be charged with your selected payment method. You will be required to submit your payment information if you sign up for a free trial, to allow automatic payments once the free trial period finishes. If you do not wish to continue our service once the free trial ends you must cancel the service within the free trial period. You are able to cancel the free trial on your account page.
The free trial only applies to new customers and may not be available for all services, regions, countries or currencies. PIMMS reserves the right to remove or cancel the free trial offer at any time without any reason.
6.5 Lifetime Offer
The Lifetime Offer is a premium, one-time payment option that grants you unlimited access to specific services provided by PIMMS for an unlimited period. This offer is designed to provide long-term value to our users who prefer a one-time investment over recurring subscriptions.
Eligibility and Terms
The Lifetime Offer is available to both new and existing customers of PIMMS. This offer applies to specific services outlined at the time of purchase and is subject to the same terms and conditions as our regular services, unless explicitly stated otherwise. The Lifetime Offer is non-transferable and is associated with the account used to make the initial purchase.
Payment and Access
Payment for the Lifetime Offer must be made in full at the time of purchase. Upon successful payment, you will gain unlimited access to the specified services without any additional fees or charges for the service period defined as "lifetime." Lifetime access is defined as the period during which the purchased services are available and supported by PIMMS. PIMMS reserves the right to modify, replace, or discontinue any services included in the Lifetime Offer. In the event that a service included in the Lifetime Offer is discontinued, PIMMS will make reasonable efforts to provide a comparable replacement service. However, the nature and functionality of replacement services are at the sole discretion of PIMMS.
Refunds
The Lifetime Offer is non-refundable. We encourage users to review the service features and terms carefully before making a purchase. In exceptional circumstances where a refund is issued at the discretion of PIMMS, the refunded amount will be prorated based on the duration of service usage prior to the refund request.
7. Your Indemnification Obligations
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
8. Disclaimers of Warranties
8.1 Warranties of Services and Software
The Services and Software are provided “AS-IS”. To the maximum extent permitted by law, we disclaim and exclude any and all warranties express or implied, including the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim and exclude any and all warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
8.2 Liability for Services and Software, information and templates
We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
The information and templates provided by PIMMS (“we”, “us” or “our”) on www.pimms.io ("website") and our mobile applications are provided for information purposes only. All information on the website is provided in good faith, however under no circumstance we shall have any liability to you as a result of your use and/or your reliance on the information, templates, Services or Software.
8.3 QR codes
PIMMS offers QR code generation services that allow users to create QR codes linking to various types of digital content. While we strive to ensure reliability and accessibility, we do not guarantee that QR codes generated through our service will be error-free, remain operational indefinitely, or be compatible across all devices and scanning applications. Users are responsible for ensuring that the content linked to QR codes complies with all applicable laws and regulations. PIMMS disclaims any liability for QR codes that are used to link to unlawful, malicious, or inappropriate content. It is the user's responsibility to maintain and update their QR codes as necessary.
8.4 Short Links
Our Short Link service enables users to create shortened URLs that redirect to longer URLs. PIMMS endeavors to ensure the reliability and functionality of shortened links but does not guarantee uninterrupted service. Users must ensure that the original URLs and the content they lead to do not violate any laws or infringe on any rights. PIMMS is not liable for any misuse of the Short Link service, including the creation of links to harmful, illegal, or offensive content. We reserve the right to remove or disable short links that are found to be in violation of our terms of service without notice.
8.5 Analytics
PIMMS provides Analytics services for QR codes and Short Links, offering data such as the number of scans or clicks, geographic locations of users, and other usage statistics. While we strive to provide accurate and useful analytics, PIMMS does not guarantee the completeness or accuracy of analytics data. Analytics are provided "as is" and should be used as a guide rather than definitive data. Users should not solely rely on PIMMS Analytics for critical decisions without verification. PIMMS disclaims any liability for decisions made based on analytics data provided by our services.
8.6 Storage of files
Our storage functionality is available cross-platform. We can’t promise that stored files will always appear to or be accessible by you. You should always have a copy of your document saved on your own device. We are not responsible for lost documents and cannot be held liable for any loss.
9. Limitation of Liability
9.1 Liability of PIMMS
PIMMS is not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
9.2 Limited liability
PIMMS’s total liability in any matter arising out of or related to these terms is limited to CHF 100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is higher. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
9.3 Limitation
The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
10. Termination
10.1 Termination by You
You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
If you do not want to accept new fees and prices, you may terminate the Services/this Agreement as stated above in section 6.## 1.
10.2 Termination by Us
PIMMS may terminate the Service/this agreement at any time. If we terminate these terms for reasons other than for cause, then we will make a reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. We may, at any time, terminate your right to use and access the Services or Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(e) there has been an extended period of inactivity in your free account.
10.3 Survival
Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
11. Investigations / Disclosure
We may access or disclose information about you, or your use of the Services, (a) when it is required by law; (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
12. Dispute Resolution
12.1 Process
For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or PIMMS must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you or PIMMS may assert claims before the courts of the Canton of Geneva, Switzerland.
12.2 Rules
If you or PIMMS decide to resort to arbitration as per the foregoing paragraph, the Swiss Chambers’ Arbitration Institution will administer the arbitration in Geneva under the Swiss Rules of International Arbitration. There will be one arbitrator that you and PIMMS both select. The arbitration will be conducted in the English language. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
12.3 No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
12.4 Injunctive Relief
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13. Compliance with Licenses
If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
14. Modification
We may modify these terms or any additional terms that apply to a Service or Software in order to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.
15. Miscellaneous
15.1 English Version
The English version of these terms will be the version used when interpreting or construing these terms.
15.2 Notice to PIMMS
You may send notices to us at the following address:
PIMMS
Monsieur Alexandre Sarfati
C/O Dilytics
Avenue des Grandes-Communes 8
1213 Petit-Lancy
Switzerland
15.3 Notice to You
We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
15.4 Entire Agreement
These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
15.5 Non-Assignment
You may not assign or otherwise transfer these terms, or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
15.6 Severability
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
15.7 No Waiver
Our failure to enforce or exercise any of these terms is not a waiver of that section.
Contact Us
If you have any questions about these terms, please contact us at:
PIMMS
Monsieur Alexandre Sarfati
C/O Dilytics
Chemin de Louis-Hubert 2
1213 Petit-Lancy
Switzerland