Terms & Conditions

Last updated August 16, 2024

Welcome to PKIT LLC ("Company," "we," "our," or "us"). By accessing and using our mobile application PKIT ("App"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use our services.

1. Introduction

PKIT is a mobile application designed to facilitate the sharing and free exchange of personal items to promote sustainability and prevent waste. These Terms govern your use of our App, including both the basic free level and the premium subscription level.

2. Account Registration and Eligibility

By registering for an account and using our App, you represent and warrant that you are at least 18 years old and capable of entering into a legally binding agreement. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

3. Subscription Levels

a. Basic Free Level: The basic free level of our App allows you to list and exchange personal items with other users at no cost.

b. Premium Level: The premium level of our App provides additional features and benefits for a subscription fee of $2.99 per month. You may cancel your premium subscription at any time through your account settings. Upon cancellation, you will continue to have access to the premium features until the end of your current billing period. We do not offer refunds for any subscription fees already paid.

4. Assumption of Risk Interacting with Other Users

By using our App and choosing to share information about your location with other users, you acknowledge and assume the risks associated with disclosing information about your location. We do not control the actions of other users and cannot guarantee their conduct. Always exercise caution when sharing your location and meeting with other users.

5. User Responsibilities and Representations

a. Ownership of Items: You represent and warrant that you have all necessary rights and ownership to the personal items you list on the exchange. You agree not to list any items that you do not have the legal right to give away or that violate any laws or third-party rights.

b. Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of our App and the items you list or obtain through our exchange.

6. Privacy Policy

By using our App, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy ([link to Privacy Policy]) for more information on how we collect, use, and protect your information.

7. User Conduct

You agree to use the App in a manner consistent with all applicable laws and regulations. You will not engage in any of the following prohibited activities:

Posting false, inaccurate, or misleading information.
Harassing, threatening, or defaming other users.
Transmitting any malicious software or harmful content.
Attempting to gain unauthorized access to the App or other users' accounts.

8. Limitation of Liability

To the fullest extent permitted by law, the Company and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (i) use of the App; (ii) violation of these Terms; (iii) violation of any rights of another party, including any users; or (iv) any content you upload to or transmit through the App.

10. Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without notice and liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. DISPUTE RESOLUTION: BINDING ARBITRATION

ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL TAKE PLACE IN TAMPA, FLORIDA. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR'S FEES AND ADMINISTRATIVE FEES OF ARBITRATION. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES.

12. DISCLAIMER OF WARRANTIES

THE APP AND ALL CONTENT AND SERVICES PROVIDED ON THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS AT YOUR OWN RISK.

13. Third-Party Services

Our App may include links to or integrate with third-party services and websites. These third-party services have their own terms and policies, and we are not responsible for their content, actions, or privacy practices. You acknowledge and agree that the Company shall not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of any third-party services.

14. Advertising and Promotions

Our App may display advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.

15. Prohibited Items

You agree not to list or exchange any items that are illegal, hazardous, stolen, counterfeit, or otherwise prohibited by law. This includes, but is not limited to, weapons, controlled substances, and items subject to recalls.

16. Disclaimer of Quality, Safety, and Risk of User Items

You acknowledge and agree that our Company does not control, and is not responsible for, the quality, safety, legality, or risk associated with any items listed or exchanged through the App. All items are submitted by users, and our Company does not inspect or verify the items in any way. By using the App, you agree to assume all risks associated with the exchange, receipt, or use of any items obtained through the App.

Our Company, its affiliates, officers, directors, employees, and agents make no warranties or representations about the condition, suitability, or legality of any items exchanged through the App. You agree to release and hold our Company harmless from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes or interactions with other users and any items exchanged through the App.

You agree to release and hold our Company harmless from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes or interactions with other users and any items posted or exchanged in the community.

17. Intellectual Property

All content and materials on the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of the Company or its content suppliers and protected by applicable intellectual property laws. Users retain ownership of the content they submit but grant the Company a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and distribute such content.

18. Modification of Services

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.

19. Assignment

The Company may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

20. User Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App (“Feedback”). You may submit Feedback by emailing us (see Section 30 for contact information). You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company, and you hereby assign all rights, title, and interest in and to all Feedback to the Company.

21. User Disputes

You are solely responsible for your interactions with other users of the App. We reserve the right, but have no obligation, to monitor disputes between you and other users.

22. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in effect.

23. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Third-Party Services

25. Advertising and Promotions

26. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

27. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

28. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the App. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

29. Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by the Company on the App, shall constitute the entire agreement between you and the Company concerning the App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

30. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@pkit.app

~ or ~

Mailing Address:
PKIT LLC
27251 Wesley Chapel Blvd
Ste B14 #775
Wesley Chapel, FL 33544

By using PKIT you consent and agree to these Terms & Conditions.