Pao’s Terms of Use

    Welcome to Pao!

    These Terms of Use govern your use of Pao and provide information about the Pao Service, outlined below. When you create an Pao account or use Pao, you agree to these terms, and understand the Pao App’s Privacy Policy. Happy reading!

    Who We Are

    Pao is a product of Pao App Inc (the “Company,” “we,” “us” or “our”), the company behind the Pao service (Service). The Service is designed as an online and Smartphone application (App) providing user-generated, location-based recommendations for all sorts of experiences, including restaurants, things to do, and places to stay.  The individual or organization that subscribes to the Service will be referred to as the “Subscriber” or “you”.

    Personal Information

    We agree to provide you with the Pao Service. The Service includes all of the Pao products, features, applications, services, technologies, and software that we provide to advance Pao’s mission: To get you off the couch and into the world. The Service is made up of the following aspects (the Service):
    • Offering personalized opportunities to create, connect, communicate, discover, and share. 
We want to connect you to experiences you may enjoy, and to people who are out in the world experiencing things you may want to try as well. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, and share experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Pao, based on things you and others do on and off Pao.
    • Offering a personalized location where you can store and organize your experiences. Your Pao profile will organize your uploaded and saved experiences geographically, and allow you to filter and search them.
    • Fostering a positive, inclusive, and safe environment.
We do not and will not tolerate content that is in conflict with a positive environment.
    • Developing and using technologies that help us consistently serve our growing community.
 Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
    • Ensuring a stable global infrastructure for our Service.
To provide our global Service, we must store and transfer data across our systems around the world, which may include outside of your country of residence.
    • Connecting you with brands, products, and services in ways you care about. 
We may use data from Pao and third-party partners to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Pao.
    • Research and innovation. 
We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

    The Data Policy

    In return for our commitment to provide the Service, we require you to make the below commitments to us. 

Who Can Use Pao. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Pao community.

    • Information and content you provide. This includes information you provide when you create an account, information within the content you provide (metadata) which may include the location of a photo or the date a photo was created.
    • Networks and connections. We collect information about the type of content you upload, along with the posts (also known as “Spots”) you save, and the people you connect with (and their posts/ spots), in order to provide a higher quality Service. We may collect information on the network or device you use (attributes, operations, identifiers, signals, GPS location, networks, etc).
    • Your usage. We collect information about how you use Pao, such as the types of content you view, which features you use and the actions you take, the people you add to your groups, and the frequency and duration of your activities.

    We use this data to provide, personalize and improve our Service. We seek to personalize features and content, including your “For You” feed, and make suggestions to you. We need to use your connections, preferences, interests and activities based on the data we collect and learn from you in order to provide the best personalized Service. For example, we use location-related information (including your current location if you’ve allowed it, and the location of spots you upload and save) in order to deliver you relevant content. We also use the data to develop, test and improve our Service.

    We may use the information we have to help advertisers and other partners measure the effectiveness and distribution of their ads and services.

    We may use the information we have to send you communications, to inform you about our Services, and let you know of any updates to our policies and terms.

    Your Commitments

    In return for our commitment to provide the Service, we require you to make the below commitments to us. 


    Who Can Use Pao

    We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Pao community. 

    • You must be at least 13 years old.
    • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
    • We must not have previously disabled your account for violation of law or any of our policies.

    How You Can't Use Pao

     Providing a safe and open Service for a broad community requires that we all do our part.

    • You cannot post objectionable content or abuse other users. 
This includes but is not limited to content that is defamatory or discriminatory, or that contains death or violence, overtly sexual material, or inflammatory religious commentary. We have a zero tolerance policy; the Pao community is all about positivity and inclusion.
    • You can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on Pao, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
    • You can't violate (or help or encourage others to violate) these Terms or our policies.
    • You can't violate (or help or encourage others to violate) these Terms or our policies.
    • You can't do anything to interfere with or impair the intended operation of the Service.
    • You can't attempt to create accounts or access or collect information in unauthorized ways.

      This includes creating accounts or collecting information in an automated way without our express permission.
    • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
    • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
    Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service. 
    • We do not claim ownership of your content, but you grant us a license to use it.
      
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
    • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions (such as saves) or relationships (such as people who are in “your people”) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Pao, without any compensation to you. For example, we may show that you saved a sponsored spot created by a brand that has paid us to display its ads on Pao. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.
    • You agree that we can download and install updates to the Service on your device.

    Our Agreement and What Happens if We Disagree

    Our Agreement

    • If any aspect of this agreement is unenforceable, the rest will remain in effect.
    • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
    • We reserve all rights not expressly granted to you.

    Who Has Rights Under this Agreement

    • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
    • PAO PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP PAO RUNNING, ERROR-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, PAO MAKES NO WARRANTY THAT
    • THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
    • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
    • YOU ACKNOWLEDGE THAT PAO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SPOT ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING OTHER USERS’ OR SPONSORS’) CONTENT OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION, AND PAO IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND PAO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • YOU ACKNOWLEDGE THAT PAO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SPOT ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING OTHER USERS’ OR SPONSORS’) CONTENT OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION, AND PAO IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND PAO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • TO THE EXTENT PERMITTED BY APPLICABLE LAWS, PAO, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, EMPLOYEES AND ANY APPLICABLE CARD SCHEMES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE, THE MERCHANT AGREEMENT AND ANY OTHER PART OF THESE TERMS OF SERVICE, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND PAO’S REASONABLE CONTROL.
    • We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
    • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
    • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

    How We Will Handle Disputes

    Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Pao “claim(s)” must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Pao users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

    • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. 
    • The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. 
    • This arbitration provision is governed by the Federal Arbitration Act. 
    • You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Pao account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: The Pao App, Inc. 228 Wildwood Lane, Boulder CO 80304.
    • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Pao account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to The Pao App, Inc. 228 Wildwood Lane, Boulder CO 80304. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Pao account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
    • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Colorado or a state court located in Boulder or Denver, Colorado. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
    • The laws of the State of Colorado, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

    We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

    Updating These Terms

    We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account (within the Settings feature on the App).  These Terms were updated July 28, 2019.