Terms & Conditions
Updated: August 31, 2023
Piere.com, Univers.tech, our mobile applications, and our other online services and websites (collectively, the “Services”) are operated by Univers Tech, LLC (“Univers Tech,” “we,” “us” or “our”). By accessing or using the Services, you are agreeing to be bound by the following Terms and Conditions (these “Terms”), as amended or modified from time to time.
GENERAL TERMS
These Terms sets forth the terms and conditions applicable to your access and use of our Services that we offer to you.
Your use of the Services is subject to our PRIVACY POLICY, which explains how we gather, use, disclose and manage your personal information. Terms used but not defined in these Terms have the meanings provided to them in our PRIVACY POLICY. Please read these Terms and our PRIVACY POLICY carefully.
By accessing or using the Service, you understand and agree to be bound by the terms and conditions of these Terms and the PRIVACY POLICY as they may be amended from time to time in the future. If you do not agree to these Terms, then you may not use the Services. You also agree that:
· You are able to enter into legally binding contracts, and you agree that these Terms legally bind you in the same manner that a signed, written, paper contract does. You may not use the Services in any manner or attempt to access any Service if you are not willing to be bound and abide by these Terms.
· You are 18 years of age or older, and that you are located within the United States of America. If you are under the age of 18 or located outside the United States of America, you must immediately stop all access to or use of the Services. The Services are intended solely for individuals who are 18 years of age or older domiciled within the United States of America.
· WE ARE NOT RESPONSIBLE FOR THE FINANCIAL OR OTHER PRODUCTS AND SERVICES OR FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD-PARTY SITES THAT ARE DISPLAYED OR REPORTED THROUGH OUR SERVICES. While the Services provided by us may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
· We reserve the right to change or modify these Terms or our PRIVACY POLICY, or modify or discontinue any portion of the Services or features and functionality provided, from time to time. If we decide to change these Terms or our PRIVACY POLICY, we will post such changes on our website, and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to any Service, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification of the Services, these Terms, or your access to the Services.
To facilitate our Services, we license software, tools and services from third-party providers. From time to time, we may revise these Terms as requested by our third-party providers and require that you agree to additional pass-through terms with respect to such third-party providers.
FOR EDUCATIONAL USE ONLY
The Services are not intended to provide legal, tax, investment/retirement planning, or financial advice. We are not a financial advisor, planner, broker, or tax advisor. The Services are provided for educational purposes only and are intended only to assist you in your financial organization and decision-making. In using the Services, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Services as the primary basis for your investment decisions, and that Univers Tech will not be liable for any actions you take based on information you receive via the Services. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other certified financial advisers who are fully aware of your individual circumstances.
USE OF THE PLATFORM
In order to use the Services, you must register for an account (“Account”). When registering for an Account, you must provide complete and accurate information during the registration process and will update such information to ensure continued activity. You are responsible for keeping your Account credentials, including the applicable passwords, confidential and secured. You are solely responsible for all activity attributable to your Account, regardless of whether you explicitly authorized such activity. You must also notify us immediately if you believe unauthorized activity has occurred in your Account, or if your Account credentials are lost or stolen.
You represent and warrant that you will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
NOTIFICATIONS
By providing us your email address, phone number, and name, you consent to receiving emails or messages from us, including administrative or marketing-related messages such as promotions, specials, and other marketing offers.
If at any time you would like to stop receiving emails from us, you may opt out of receiving these secondary communications. To opt out, you must select the “Unsubscribe” link present in each email we send out to you as a customer. You can also unsubscribe by updating your Account preferences when you access your Account information. We reserve the right to send customers notification and administrative emails, which are considered a part of our Services.
By providing a telephone number in connection with the Services, you verify that you are the current subscriber or owner of that number. You agree that we may contact you by telephone or text message to your telephone number or to any other number provided to us on your behalf to support product functionality or to let you know about promotions or services we think may be of interest to you. Your consent to receive automated calls and texts is completely voluntary, and you may opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services. You also agree that by providing a telephone number of a contact and sharing a transaction in connection with the Services, you acknowledge that you have the right to contact that number and give Univers Tech permission to contact that number on your behalf to support product functionality or to let the contact know about promotions or services we think may be of interest to them.
For any text messages sent to you or on your behalf in connection with the Services, you understand and agree that:
· Message frequency may vary;
· Message and data rates may apply, and Univers Tech is not responsible for these charges;
· Message recipients may reply HELP for information;
· Message recipients can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out); and
· Neither Univers Tech nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages.
GENERAL PROHIBITIONS
You represent, warrant, and agree that you will not contribute any content or customer data, or otherwise use the Services or interact with the Services in a manner that:
· Infringes or violates the intellectual property rights or any other rights of anyone else (including Univers Tech);
· Violates any applicable law or regulation;
· Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
· Jeopardizes the security of the Services, your Account, or anyone else’s Account;
· Attempts, in any manner, to obtain the password, Account, or other security information from any other user;
· Violates the security of any computer network, or cracks any passwords or security encryption codes;
· Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
· “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means).
You further agree that you shall not:
· Create derivative works based on the Services;
· Copy, frame or mirror any part or content of the Services; or
· Use the Services and your access thereto to create a competitive product or service, or copy any features, functions, graphics or content contained in the services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Please note that even though we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
PAYMENTS
For any portion of the Services offered on a payment or subscription basis, the following terms apply, unless we otherwise notify you in writing. These Terms also incorporates by reference and includes any program ordering and/or payment terms provided to you in connection with the Services.
· Payments will be billed to you in U.S. dollars, and your Account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
· Unless otherwise specified, you must pay with one of the following:
i. A valid credit card acceptable to us;
ii. A valid debit card acceptable to us; or
iii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment(s) due.
· If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your Account and refuse you any further use of the Services.
· If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your Account with the updated information that we obtain.
· We will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
· We reserve the right to change our subscription plans or adjust pricing for our Services in any manner and at any time, in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.
· At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
· If you believe a payment shown on your billing statement or receipt is wrong, or if you need more information about a payment listed, you must notify us no later than 90 days after we sent the first statement or receipt on which the problem or error appeared. The notification must include your name and the email address associated with your profile, a clear description of the issue, and the dollar amount in question. We will investigate, and if we determine that an error occurred, we will credit your Account.
· Our fees do not include any include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder.
Additional payment, cancellation, or renewal terms may be provided to you elsewhere in this Agreement or within the Services.
INTELLECTUAL PROPERTY
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States and other applicable copyright, trademark and other laws. As between you and us, the Services and the content thereof belong to Univers Tech or its software or content suppliers. Univers Tech and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
Univers Tech grants you the right to view and use the Services subject to these Terms. We reserve all rights, title and interest in and to the Services, including such intellectual property rights. You may download or print a copy of information from the Services for your personal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or these Terms.
You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Services.
Third party trademarks or logos are the property of their respective owners. Third party trademark holders are not affiliated with, nor do they sponsor or endorse, Univers Tech or any of its products or services.
THIRD PARTY ACCOUNTS
Certain Services permit you to connect certain accounts or data offered or hosted by third parties (“Third-Party Utilities”) to the Services in order for the us to access and process data in connection with those Services. You represent that you are a legal owner, or an authorized user, of the Third-Party Utilities which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide. You are responsible for reviewing and complying with any terms of service, restrictions, and obligations associated with such Third-Party Utilities.
You may direct Univers Tech to retrieve your information maintained on Third-Party Utilities (that information, “Third-Party Information”). Univers Tech may work with one or more service providers to access this Third-Party Information. We do not review the Third-Party Information for accuracy, legality or non-infringement, and we are not responsible for the Third-Party Information or products and services offered by or on Third-Party Utilities. We are also not responsible for any payment processing errors or fees arising from inaccurate account information provided by Third-Party Utilities.
Your use of the Services is your authorization for Univers Tech or its service providers, as your agent, to access Third-Party Utilities that you designate in order to retrieve your Third-Party Information. You agree that, by using the Services, you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law to permit us and our service providers to obtain and periodically refresh your Third-Party Information. You are licensing to Univers Tech and its service providers any information, data, passwords, usernames, PINs, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINs, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
Unless and until these Terms are terminated, you grant Univers Tech and its service providers the right to access your Third-Party Information on your behalf. Third-Party Utilities shall be entitled to rely on the authorizations granted by you or through your Account.
Upon notice to Univers Tech, you may (i) revoke Univers Tech’s right to access your Third-Party Information on your behalf, or (ii) subject to requirements provided herein, request deletion of your Third-Party Information. You understand and agree that the Services are not sponsored or endorsed by any Third-Party Utilities. YOU ACKNOWLEDGE AND AGREE THAT WHEN UNIVERS TECH OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY UTILITIES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY UTILITY.
In the event that any use of the Services results in you entering the site of a third-party provider, then you will be subject to the terms of service or use and the privacy policy of such third-party provider, so please review such terms carefully. Univers Tech does not endorse, warrant, recommend, or guarantee the products or services available on those third-party websites, whether or not sponsored. Univers Tech is not an agent, representative, or broker of any advertiser, or otherwise responsible for the activities or policies of third parties whose links are shown.
With respect to any third party websites we may enable you to access through the Services or with respect to any other accounts you include in the Services, you are responsible for all fees charged by the third party in connection with any accounts and transactions. If you have a support question or other inquiry related to a third party’s products or services, you should contact the third party directly, using the contact information provided in their terms of use or other customer agreement.
We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice. In the event that Services are discontinued, your information shall be retained in accordance with these Terms and our privacy policies.
TERMINATION
You may cancel your account and we may suspend or terminate your use of the Services. For mobile apps, removing the app may not cancel your subscription or delete your data.
These Terms are effective until your subscription expires or you cancel your account or we terminate these Terms (or your account). We may terminate these Terms (and your account) or suspend the Services at any time in our discretion.
Please note that removing a mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription for a Service, please follow the applicable Service instructions. If you wish to delete your data from a Service, please follow the instructions under the respective data and privacy settings.
EFFECT OF TERMINATION
You must stop using the Service once your subscription expires or you cancel your account (or if these Terms or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or our termination of your account or these Terms, you must immediately stop using the Services and pay all fees for Services used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
SURVIVAL
The following Sections will survive any termination, discontinuation or cancellation of the Services or your account: “Payments” (with respect to fees due and unpaid), “General Prohibitions,” “Intellectual Property,” “Effect of Termination,” “Warranty Disclaimers,” “Indemnity and Limitation of Liability,” “Disputes,” and “Miscellaneous”.
WARRANTY DISCLAIMERS
YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OR INDEMNITIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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 DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL THIRD-PARTY DATA PROVIDERS, EXPRESSLY DISCLAIM ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIVERS TECH OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, while some of the above exclusions may not apply to you, the exclusions above shall apply to the maximum extent permitted by applicable law.
INDEMNITY AND LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, you agree to indemnify and hold Univers Tech, its service providers, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Account) and (b) your violation of these Terms. In the event of such a claim, suit, or action (the “Claim”), we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Neither Univers Tech nor any of its service providers, officers, directors, employees or agents shall be liable in any way for any damages whatsoever, including, without limitation, indirect, special, punitive, consequential, or incidental damages (including, without limitation, lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the Services or the use of the Services or a linked website (including but not limited to the delay or inability to use the Services or a linked website). This limitation shall apply regardless of whether the damages are foreseeable or whether Univers Tech has been advised of the possibility of damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
BETA FEATURES
If the Services that you access, download or otherwise receive include any feature of the Services that we give you on a trial or evaluation basis or that is labeled as “Pre-Release,” “Limited Release,” “Beta” or otherwise described as experimental, untested, or not fully functional (“Beta Features”), then this section of these Terms shall also apply. To the extent that any provision in this section is in conflict with any other term or condition in these Terms, this section shall supersede such other term(s) and condition(s) with respect to such Beta Features, but only to the extent necessary to resolve the conflict. ALL BETA FEATURES ARE PROVIDED AS IS, WITHOUT ANY WARRANTY, INDEMNITY, MAINTENANCE OR SUPPORT, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, SUBJECT TO ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. YOU ACKNOWLEDGE THAT THE BETA FEATURES MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. YOU ACKNOWLEDGE THAT WE HAVE NOT PROMISED OR GUARANTEED TO YOU THAT BETA FEATURES WILL BE ANNOUNCED OR MADE AVAILABLE TO ANYONE IN THE FUTURE, THAT WE HAVE NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR INTRODUCE THE BETA FEATURES, AND THAT WE ARE NOT OBLIGATED TO INTRODUCE A PRODUCT SIMILAR TO OR COMPATIBLE WITH THE BETA FEATURES OR ANY UPDATES TO ANY BETA FEATURES. ACCORDINGLY, YOU ACKNOWLEDGE THAT ANY USE OF THE BETA FEATURES IS ENTIRELY AT YOUR OWN RISK.
MISCELLANEOUS
GOVERNING LAW
These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the state or federal courts located in Broward County, Florida.
Most disagreements can be resolved informally and efficiently by contacting our customer support team at CONTACT@PIERE.COM.
You and Univers Tech agree that any dispute, claim, or controversy arising out of or relating in any way to the Services or the Terms will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. You agree to waive your right to a jury trial, and further agrees that no demand, request, or motion will be made for a jury trial.
ASSIGNMENT
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Univers Tech’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms a shall not be deemed to be a waiver of any other right, term, or provision of these Terms. If any provision in these Terms is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
EXPORT RESTRICTIONS
You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
ANTI-CORRUPTION
You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value from a Univers Tech employee or agent in connection with these Terms.
PLATFORM AND TERMS SUBJECT TO CHANGE
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change these Terms by posting revisions to these Terms; these revisions shall be effective upon their posting and govern any use of the Services thereafter. If you don’t accept these changes, you must stop using the Services. The information on the Services is subject to change without notice.
CONTACT US
If you have any questions about these Terms or the Services, please contact Univers Tech at 910 SE 17th St, Fort Lauderdale, FL 33316, or by email at CONTACT@PIERE.COM