If you are a user having your usual residence in the EEA, the United Kingdom or Switzerland, these Terms of Service shall apply.
If you are not in the EEA, the United Kingdom or Switzerland, these Terms of Service shall apply. There may also be jurisdiction specific provisions for certain countries or regions.
Please refer to your local Terms of Service for more information.


PICO TERMS OF SERVICE
(If you are not in the EEA, the United Kingdom or Switzerland)
Last updated: September 13, 2024


General Terms – All Users
1. YOUR RELATIONSHIP WITH US
Welcome to PICO! PICO is an online service provided by Pico Immersive Pte. Ltd. ("we", "us", or "our").
These Terms of Service (the/these "Terms") govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use PICO and our related websites, services, applications, products and content (collectively, our "Services"). Our Services are provided for your private, personal and non-commercial use only. For the purposes of these Terms, "you" and "your" means you as the user of our Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
We may, in our sole and absolute discretion, perform our obligations under these Terms, whether in whole or in part, through one or more of our subsidiaries, or associated or related companies or corporations, or Third-Party Providers (as defined below), and the full and complete performance by any such person(s) shall constitute full performance by us of our corresponding obligations.


2. ACCEPTING THE TERMS
Your access and use of each of our Services shall be subject to these Terms. You acknowledge and agree that you may also be subject to additional terms, conditions, guidelines or policies applicable to certain Services, which are incorporated into these Terms by reference. By accessing or using any of our Services, you agree that a legally binding contract is formed between you and us, and that you accept these Terms and you agree to comply with them. Your access and use of any of our Services is also subject to our Privacy Policy , Health and Safety Notice and Community Guidelines, as amended from time to time, the terms of which may also be made available on such other channels as we may designate. By using any of our Services, you consent to the prevailing terms of the Privacy Policy. If you do not agree to any of these Terms, you must not access or use any of our Services.
We may from time to time notify you of supplemental terms applicable to you in respect of access and/or use from particular jurisdictions ("Jurisdiction-Specific Terms"), and in the event of a conflict between the provisions of the Jurisdiction-Specific Terms and the rest of these Terms, the relevant Jurisdiction-Specific Terms will supersede and control.
IF YOU ACCESS AND/OR USE OUR SERVICES, YOU CONFIRM (AND WE ARE ENTITLED TO ASSUME WITHOUT FURTHER INQUIRY) THAT YOU ARE AT LEAST 13 YEARS OF AGE OR OF THE RELEVANT AGE UNDER APPLICABLE LAW. IF YOU ARE YOUNGER THAN 18 YEARS OF AGE OR THE RELEVANT AGE OF MAJORITY UNDER APPLICABLE LAW ("MINOR"): (A) YOU MUST OBTAIN PERMISSION FROM A PARENT OR A LEGAL GUARDIAN (IF APPLICABLE) TO ACCESS AND/OR USE OUR SERVICES; (B) THAT PARENT OR LEGAL GUARDIAN (AS THE CASE MAY BE) MUST AGREE TO THESE TERMS; AND (C) YOU MUST ONLY USE ANY OF OUR SERVICES ONLY IN CONJUNCTION WITH AND UNDER THE SUPERVISION OR CONSENT OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, YOU MUST ACCEPT THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL ACCESS AND/OR USE OF OUR SERVICES UNDER THESE TERMS.
If you are the parent or legal guardian of a Minor, you further agree, acknowledge, and undertake to us that:

• you must carefully supervise that Minor's access and/or use of our Services;
• it is your responsibility to determine whether any part of our Services is appropriate and/or safe for that Minor, and to ensure that the Minor does not access and/or use any content available on our Services which may not be suitable (or are otherwise indicated to be unsuitable) for that Minor;
• YOU MUST PAY IN FULL ALL SUMS DUE ARISING FROM THE ACTIVITIES OF THAT MINOR IN CONNECTION WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS MADE ON OR THROUGH OUR SERVICES BY THAT MINOR ASSOCIATED WITH YOUR ACCESS CREDENTIALS, EVEN IF THE MINOR DID SO WITHOUT YOUR KNOWLEDGE AND/OR CONSENT; and
• YOU HEREBY EXPRESSLY CONSENT on behalf of that Minor to the collection, use, disclosure and/or processing of that Minor's personal data in accordance with these Terms and our Privacy Policy, and you agree that we may deem the same.

We may also prescribe additional age limitations for certain aspects of our Services that may be higher or lower than 13 years of age, as well as additional requirements for users to view age-restricted content available on our Services. Certain Services (or part thereof) may not be made available to you if you are under the relevant additional minimum age requirement. By using our Services where such additional limitations and/or additional requirements are prescribed, you confirm that you are over the relevant age specified and that you comply with the additional requirements (as applicable). If we learn that someone under the relevant age allowed is using our Services, we shall have the right to terminate that user's account or the user's access to our Services, in full or in part.


3. CHANGES TO THESE TERMS
We may amend these Terms and/or the Privacy Policy from time to time, for instance when we update the functionality of any of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We may use commercially reasonable efforts to generally notify users of such changes, such as by sending an email notification to the address you have provided and/or notice through PICO. You should look at the Terms regularly to check for such changes.
We may also update the "Last Updated" date at the top of these Terms, which indicates the effective date of such updated Terms. Your continued access or use of any of our Services from the effective date of any such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using our Services.


4. YOUR ACCOUNT WITH US
To access or use our Services, you may be required to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, and keep such information current and complete. You must also comply with any other instructions we prescribe from time to time as part of the registration process.
You must keep your account password confidential and not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at support.global@picoxr.com.
You agree that you are solely responsible (to us and to any others) for the activity that occurs under your account or otherwise in a manner associated with your account credentials.
We shall have the right to terminate or disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole and absolute discretion, might: (a) cause damage to or impair any of our Services; (b) infringe or violate any third-party rights; and/or (c) violate any applicable laws. If we permanently suspend or terminate your account, we will notify you in advance unless we have reason to believe that continued access to your account will cause damage to us or our Services, or violate requests by law enforcement or other government agencies, applicable laws or regulations or third-party rights.
You may delete your account via the "PICO" App (the name of the application may be modified by us from time to time), which can be downloaded through authorized channels. For details of how your personal data will be processed in such deletion, please refer to our Privacy Policy. After you choose to delete your account, there will be a reactivation period ("Reactivation Period"), specified in the interface of PICO, during which you may be able to reactivate your account or retrieve any of the content or information associated with your account or that you have provided. Following the expiry of such Reactivation Period, you will no longer be able to reactivate your account or retrieve any content or information associated with your account or that you have provided, including without limitation the Digital Products (as defined below) you purchased under such account.


5. LICENSE TO SERVICES
As a condition of your access to and use of any of our Services, you agree not to use our Services to infringe any intellectual property rights. We shall have the right, with or without notice, at any time and in our sole and absolute discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyright, trade mark or other intellectual property or moral rights.
Subject to these Terms and your continuing compliance thereof, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use our Services in our approved jurisdictions, including access to the PICO Content (as defined below) as part of our Services solely for your private, personal, non-commercial use and solely in compliance with these Terms. We reserve all rights not expressly granted to you.
Due to legal or regulatory restrictions in your jurisdiction, you: (a) may not be able to access or use any of our Services in or from a jurisdiction; and/or (b) may be infringing certain legal or regulatory requirements under applicable laws when accessing or using our Services in or from such jurisdiction. It is your sole responsibility to ascertain whether any such legal or regulatory restrictions exist, and we shall not be liable for any losses arising out of your inability to access or use such Services or any contravention of such legal or regulatory requirements. You shall fully indemnify us from and against any losses that we may be subject to or suffer in connection with any failure by you to comply with any such legal or regulatory restrictions. Notwithstanding anything in these Terms, we shall have the right to take steps to prevent any of our Services from being accessed or used in any jurisdiction as we may determine in our sole and absolute discretion from time to time.


6. YOUR ACCESS TO AND USE OF OUR SERVICES
You must not (except where such prohibition is not allowed under applicable law) without our express written consent:

• access or use any of our Services if you are not fully able and legally competent to agree to these Terms;
• make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of any of our Services or any content therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by any of our Services or any derivative works thereof;
• rent, lease, loan, assign, distribute, license, transfer, or sell, in whole or in part, any of our Services, or any derivative works thereof;
• use any of our Services for any commercial or unauthorized purpose, including: (i) communicating or facilitating any commercial advertisement or solicitation or spamming; and/or (ii) market, rent or lease any of our Services for a fee or charge;
• interfere with or attempt to interfere with the proper working of our Services, disrupt any aspect of our Services, website or any networks connected to our Services, or bypass any measures we may use to prevent or restrict access to our Services;
• incorporate our Services or any portion thereof into any other program or product. In such case, we shall have the right to refuse to provide any of our Services, terminate account(s) or limit access to our Services in our sole and absolute discretion;
• attempt to probe, scan, test the vulnerability of or gain unauthorized access to a system or network or to breach or circumvent security or authentication measures without proper authorization;
• use automated scripts to collect information from or otherwise interact with our Services;
• create a false identity on our Services, impersonate any person or entity, or falsely state or otherwise misrepresent you, your age, and/or your affiliation with any person or entity, including without limitation giving the false or misleading impression that any content you upload, post, transmit, distribute, communicate, portray, or otherwise make available emanates from our Services or another's account;
• mask or alter the geographical location from which you appear to our systems to be accessing and/or using any of our Services, or use IP proxying or other methods to disguise the place of your residence;
• use or attempt to use an account, service or system without authorization from PICO;
• use our Services in a manner that may create a conflict of interest or undermine the purposes of our Services, such as trading reviews with other users or writing or soliciting fake reviews;
• use any of our Services in a way that could damage, disable, overburden, impair or compromise our Services or interfere with another person's usage or access to any of our Services;
• use our Services to upload, transmit, distribute, store, communicate, portray or otherwise make available in any way any content that we have removed and/or suspended;
• use our Services in connection with gaming or advertising activity that qualifies as gambling or advertising that is not authorised by applicable law (including without limitation the Gambling Control Act 2022 of Singapore);
• use our Services to upload, post, transmit, distribute, communicate, or otherwise make available any false, misleading, abusive or bad-faith rating, review or comment;
• take any action that may undermine and/or abuse the rating or review systems on the PICO Store and/or any of our Services, including, without limitation, manipulating downloads, ratings or reviews by using bots, scripts or any other automated process, by providing or accepting any compensation or incentive, or by any other means;
• use our Services to upload, post, transmit, distribute, store, communicate, portray or otherwise make available in any way: (i) viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other prohibited form(s) of solicitation; (iii) any private information or personal data of or about any individual, including for example addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., national insurance numbers, passport numbers, etc.) or credit card numbers, including without limitation any information or picture that may not be published or broadcasted under applicable laws (including without limitation laws relating to the protection of minors); (iv) any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights or moral rights of any other person; (v) any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory or harmful; (vi) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activity, suicide, or self-harm, including without limitation detailed instructions on methods of crime or killings; (vii) any material that is designed to provoke or antagonize people, especially trolling and bullying, or is intended to or may intimidate, threaten, abuse, harass, harm, hurt, scare, distress, embarrass or upset people; (viii) any material that contains a threat of any kind, including threats of physical violence; (ix) any material that is racist or discriminatory, including discrimination on the basis of someone's nationality, race, religion, age, gender, disability or sexuality; (x) any answers, responses, comments, opinions, analyses, recommendations, or any other content that you are not properly licensed or otherwise qualified to provide; (xi) nudity; (xii) sexual violence or sexual activity; (xiii) incest, paedophilia, bestiality and/or necrophilia; (xiv) detailed or relished acts of violence or cruelty, physical abuse of, or acts of torture or other infliction of serious physical harm; (xv) glorification, incitement, endorsement of ethic, racial or religious hatred, strife or intolerance, or any matter of race or religion that is likely to cause feelings of enmity, hatred, ill will or hostility against, or contempt for or ridicule of, different racial or religious groups; (xvi) conduct which is an offence under applicable laws relating to gambling; (xvii) solicitation of prostitution or for any other immoral activity; (xviii) flashing lights and certain types of regular visual patterns that may cause problems for some viewers suffering from photosensitive epilepsy or other related conditions; (xix) depictions of potentially dangerous imitable behaviour; (xx) promotion of drug or psychoactive substance abuse, or detailed and instructive depictions of the same; (xxi) conduct that obstructs or is likely to obstruct any public health measure or is likely to result in a public health risk; (xxii) advocacy of or instruction on terrorism; (xxiii) any content in breach of such policies, standards and/or guidelines in connection with our Services as may be notified to you from time to time; and/or (xxiv) any material that, in the sole judgment of PICO, (1) is objectionable or which restricts or inhibits any other person from using our Services, or (2) may expose PICO, our Services or our users to any harm or liability of any type; and/or
• use our Services for any illegal or unlawful purposes or in any manner which violates any applicable law.

We may from time to time make available functionalities on our Services allowing you to communicate or otherwise interact with other user(s) and/or their respective content. If you choose to activate any such functionality, you acknowledge and agree that:

• you are solely responsible for your use of the functionality, which shall be at your sole risk;
• we may set specific parameters on the acceptable use of such functionality from time to time, for example in relation to discussion themes or the manner of interaction, and you shall comply accordingly;
• we shall not be liable to you or any third party in respect of the manner or content of your communications and/or interactions using the functionality;
• any communications and/or interactions generated by your use of the functionality shall be deemed to be User Content (as defined below) if it is not PICO Content (as defined below);
• the functionality may integrate, interact or interoperate with Third Party Elements (defined below); and
• for the avoidance of doubt, we shall have the right, at any time and without prior notice, to permanently or temporarily remove or suspend your access to the functionality if in our sole opinion your use of the functionality violates or potentially violates these Terms, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to our Services, our users or third parties, and we shall not be liable to you therefor.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
You acknowledge and agree that you may also be subject to additional terms and conditions prescribed by Third Party Providers (as defined below) in connection with such functionalities, as may be notified to you from time to time. You shall solely be responsible for checking your obligations under such additional terms (if any) and your compliance with such additional terms and conditions.
You acknowledge and agree that our Services may include analytics and other tools that may allow us to gather information about how our Services are used, usage patterns and/or user preferences, and may include our use of cookies, running of verification and compliance analysis and/or use of data capture, syndication analysis, and/or other similar tools to track, extract, compile, aggregate, archive, disclose or otherwise analyze any data and/or information resulting from any person's access to and/or use of any of our Services (including without limitation your geo-location information), and further that: (a) we shall retain all rights, title and interest in and to all such information and data; and (b) any intellectual property rights of or in the results of such analytics shall vest solely in us. We may monitor, track and share with third parties your information thereby obtained by us for safety, security, technical, marketing and commercial purposes, for example to provide you with personally relevant product features, customized search results, tailored advertising, spam and malware detection, as well as to provide and improve our products and services.
We may require you to use certain equipment and/or software to access and use our Services, and you must only use hardware and/or software that we have approved for such purposes. We may also from time to time require you to install updates as a condition to continued access to any of our Services. In addition, we may from time to time automatically update software you obtain through our Services, or provide you with new software to keep our Services functioning properly, which could include bug fixes, patches, enhanced features, plug-ins and new versions, whether on our systems or on your systems. By accessing or using our Services, you agree to such automatic updating.
We may from time to time, without giving any prior reason or notice, upgrade, modify, alter, suspend, discontinue the provision of, or remove, whether in whole in part, any of our Services and/or PICO Content (as defined below), and/or any functionality provided therein, and to the maximum extent permitted by applicable law, we shall not thereby be liable to you or any third party.
We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to our Services if in our sole opinion your use of our Services violates or potentially violates these Terms or our Community Guidelines, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to our Services, our users or third parties.


7. PRE-INSTALLED PRODUCTS
We may pre-install certain applications, software, products or services ("Pre-installed Products") in your PICO device. The Pre-installed Products may be provided to you by us or Third Party Providers. You may or may not be able to remove the Pre-installed Products. Certain Pre-installed Products are necessary for the functioning of the PICO device and can not be removed. You acknowledge and agree that the removal of certain Pre-installed Products may materially affect your access or use of our Services, in full or in part.


8. SCREEN CASTING/MIRRORING/STREAMING
We may from time to time make available functionalities on our Services allowing you to cast, mirror, stream or otherwise share the contents of your PICO device to the screen of another device or channel, or the content available on some other device (e.g., your personal device(s)) to PICO device. If you choose to activate any such functionality, you acknowledge and agree that:

• you are solely responsible for your use of such functionalities, which shall be at your sole risk;
• we shall not be liable to you or any third party in respect of the contents you cast, mirror, stream or otherwise share using such functionalities;
• you represent and warrant to us that you do so according to applicable laws and that you to do so having the necessary rights, licenses and consent, including without limitation any licenses and/or consent in relation to the use of intellectual property rights;
• you must not do so in a manner that will infringe any copyright, trade mark or other intellectual property or privacy, moral or other proprietary rights of any other person, or otherwise expose us to a claim or breach the terms of any agreements or licenses you may have in respect of any such content; and
• any content that you cast, mirror, stream or otherwise share by activating such functionalities shall be deemed to be User Content (as defined below) if it is not PICO Content (as defined below); and
• such functionalities may integrate, interact or interoperate with Third Party Elements (as defined below).

You acknowledge and agree that you may also be subject to additional terms and conditions prescribed by Third Party Providers in connection with such casting, screening or sharing of the content, as may be notified to you from time to time.


9. HEALTH OR FITNESS-RELATED INFORMATION/FEATURES
All information provided on or through our Services, including without limitation any health or fitness-related information, is for general information purpose only, and shall not constitute (or be treated as), nor be a substitute for, any professional, medical, reliable or accurate advice or information. The energy output and exercise minutes are based on the information which you provide and standard information for the type of activity which you choose. For the avoidance of doubt, our Services and PICO devices are not, and are not intended to be: (a) medical devices or medical professionals; or (b) any medical, health or other professional services or advice for diagnosis, prevention, monitoring, treatment or alleviation of disease, or diagnosis, monitoring, treatment or alleviation of, or compensation for, any injury. You shall consult your physician or other professionals to inquire about your fitness, wellness or workout plans suitable for you. You are responsible for your use of any health or fitness-related information (e.g. workout plans) available on or through our Services, which shall be at your own risk. We make no (and hereby disclaim any) representations or warranties in connection with any information provided on or through our Services, including without limitation satisfactory quality, accuracy, adequacy, completeness, timeliness, currency, reliability, performance, fitness for any particular purpose, or that any such information will meet your requirements. If you choose to follow any workout plans or other information provided by on or through our Services to you, regardless whether labelled as a "recommendation" (or its cognates), you hereby acknowledge and agree that you do so at your sole risk. To the fullest extent permitted by law, we shall not be liable to you for any and all claims of any personal injury or other losses, damages or liabilities arising from or in connection with your use of any health or fitness-related information on or through our Services.
WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, OUR SERVICES, INCLUDING WITHOUT LIMITATION PICO FITNESS, ARE INTENDED FOR USE ONLY FOR GENERAL WELLBEING PURPOSES OR TO ENCOURAGE OR MAINTAIN A HEALTHY LIFESTYLE, AND IS NOT INTENDED TO BE USED FOR ANY MEDICAL PURPOSE (SUCH AS THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT OR TREATMENT OF ANY MEDICAL CONDITION OR DISEASE). ANY HEALTH OR FITNESS-RELATED INFORMATION PROVIDED ON OUR THROUGH OUR SERVICES SHOULD NOT BE TREATED AS MEDICAL ADVICE. PLEASE CONSULT A PHYSICIAN FOR ANY MEDICAL ADVICE REQUIRED.


10. PICO STORE
"PICO Store" is where you can buy digital games and other digital content (each a "Digital Product"). Note that PICO Store contains Digital Products supplied by PICO and Digital Products supplied by Third-Party Providers. By browsing, purchasing, accessing, downloading, and/or installing any Digital Product from PICO Store, you acknowledge and agree that:

• we or the applicable Third-Party Provider (as defined below) of such Digital Product may impose additional terms on you in respect of such Digital Product;
• to the maximum extent permitted by applicable law, we shall not be responsible for Digital Products provided by Third Party Providers or addressing any claims by you or a third party relating to such Digital Products; and
• in the event of any third-party claim that any Digital Products provided by Third Party Providers and use of thereof infringe any third party's intellectual property rights or other third-party rights, we shall not be obliged to participate in the investigation, defense, settlement or discharge of such intellectual property infringement or other claim, to the maximum extent permitted by applicable law;

We may display age restrictions and/or content ratings required under applicable laws for the Digital Product made available on PICO Store. We do not guarantee such content ratings are accurate, nor do we promise you that you will not find some content harmful, offensive, indecent or objectionable; and
When you purchase Digital Product from PICO Store, you will be granted a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use that Digital Product for private, personal and non-commercial use, unless otherwise overridden by the additional terms and conditions applicable to such Digital Product.


11. PICO VIDEO
PICO Video is where you can view video content on PICO. In relation to PICO Video, you acknowledge and agree that:

• we may ask you to accept additional terms in respect of use and/or access of the functionalities available on PICO Video;
• to the maximum extent permitted by applicable law, we shall not be responsible for Digital Products provided by Third Party Providers or addressing any claims by you or a third party relating to such Digital Products; and
• in the event of any third-party claim that Digital Products provided by Third Party Providers and use thereof infringes such third party's intellectual property rights or other third party rights, we shall not be obliged to participate in the investigation, defense, settlement or discharge of such intellectual property infringement claim or other claim, to the maximum extent permitted by applicable law.

We may display age restrictions and/or content ratings required under applicable laws for the videos made available on PICO Video that are based on information provided to us by the developers of such content. We do not guarantee such content ratings are accurate, nor do we promise you that you will not find some content harmful, offensive, indecent or objectionable. However, please note that certain digital content made available on PICO Video may contain user generated content, which is not within our control.


12. PURCHASE OF DIGITAL PRODUCTS
By making any order through PICO Store to purchase (even if the price is indicated as zero) or download any Digital Product, and completing a transaction, you agree to these Terms and any additional terms associated with purchase or use of the particular Digital Product.
You can place an order with respect to the Digital Products of your choice. When placing an order, you may be required to provide certain information (including your contact and shipping information). You represent and warrant that all such provided information is accurate, complete, and will be kept current. We shall have no obligation to verify the information you provide, and we shall not be responsible or liable for inaccurate or incomplete information.
Each Digital Product listing may indicate the particular manner in which you may be required to purchase or use the Digital Product, as well as any terms in relation thereto. It is your responsibility to review such information and terms carefully before placing an order to purchase or use the Digital Product.
Except as expressly stated in these Terms or other policies (e.g., PICO Store Refund Policy), all purchases from PICO Store are final and non-refundable.


13. PRICES AND PAYMENT
Except as we may expressly notify you otherwise, the price applicable to your transaction will be the price that was in effect and as displayed in the PICO Store at the time of the transaction. If your order is accepted and processed where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of or cease your access to any Digital Products provided to you on such terms as may be notified to you.
You agree that any payment made on or through PICO Store shall be made using any of the payment methods then available on PICO Store, and all charges and/or fees are to be paid in accordance with specific instructions as may be prescribed by us. You are solely responsible for all amounts payable associated with purchases you make on PICO Store. Your access to and/or use of the payment methods provided on PICO Store shall be entirely at your own risk. We may from time to time, add, remove, modify or discontinue, temporarily or permanently, any payment method in our sole and absolute discretion. You further acknowledge and agree that the payment you made via available payment methods on PICO Store will be processed by PIPO (SG) Pte. Ltd. ("PIPO"), in its own capacity or through its other affiliates (other than us) or other partners engaged by it.
You must abide by any relevant terms and conditions or other agreements that govern your access and/or use of any payment or related functionalities (including without limitation payment methods) in connection with the acceptance and processing of payments (including in respect of payment gateway services, settlement, and refunds) ("Payment Features") made available via PICO Store, which may be provided by Third Party Providers (as defined below), including financial services providers providing or facilitating the provision of Payment Features, e.g. banks, payment services businesses, payment networks, financial institutions and other financial intermediaries (each a "Financial Services Provider"). You acknowledge and agree that:

• by providing your credit card, debit card or other payment method details, you authorize the Financial Services Provider to charge your credit card, debit card or other payment method account, upon your confirmation of your purchase, the amount of your purchase, including all fees and taxes thereon. You hereby grant PICO and the relevant Financial Services Provider your consent to them respectively collecting, using and disclosing your payment details for processing your order;
• the fullest extent of our obligations in connection with any such Payment Features is only to facilitate the making available of such Payment Features by Financial Services Providers to you. Any Payment Features are provided by the Financial Services Providers directly to you. We are not acting as their agents in the provision of such Payment Features and do not owe you any liabilities with respect to such Payment Features;
• you must render reasonable cooperation and assistance to enable us to comply with any terms and conditions imposed from time to time on us by such Financial Services Provider or to comply with applicable laws in connection with Payment Features that they provide to you; and
• if any payments made by you to us under these Terms that are subject to any withholding taxes levied by any governmental and taxation authorities, you shall be responsible for such withholding taxes. In this event, all amounts payable by you under these Terms must be paid free and clear of, and without set-off, counterclaim, deduction or withholding for, any taxes, currency control restrictions or other withholdings. If required by applicable laws to set-off, counterclaim, deduct or withhold, you will gross up the relevant amount to ensure that we receive the full cash amount that it would have received without such deduction or withholding.

14. THIRD PARTY PROVIDERS
Where any product/service/content/functionality originates from or is provided by a third party (each a "Third Party Providers"), and any part of our Services (including, for the avoidance of doubt, functionalities thereof) displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, or links to any such product/service/content/functionality (each a "Third Party Element"), you acknowledge and agree that:

• we are not responsible for the Third Party Element, and the fullest extent of our obligation in connection with any such Third Party Element is to only facilitate the making available of such Third Party Element (or part thereof) to you. We have no control over and are not responsible for any Third Party Provider's performance or non-performance of any obligation in connection with any Third Party Element or arising in any other way;
• the Third Party Element is the sole responsibility of the person that makes it available, and we are not responsible for it, and we neither have control over the selection thereof, nor do we routinely monitor it. Any use by you of any Third Party Element on or through any of our Services is entirely at your own risk. Third Party Elements may have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the access and/or use thereof;
• Third Party Elements are subject to availability and location serviceability, as well as these Terms and any additional terms and conditions of the Third Party Providers as may be notified by to you from time to time. We may, in our sole and absolute discretion, suspend, discontinue or terminate all or any part of affected Services, including without limitation in the event that a Third Party Provider suspends, discontinues or terminates: (i) the Third Party Element; and/or (ii) its agreement(s) with us and/or you;
• where our Services contain links to Third Party Elements outside of PICO (for example links to sites and resources by Third Party Providers), such links are provided for your information only. Such links must not be interpreted as approval by us of those linked functionalities or information you may obtain from them. We do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such externally available Third Party Elements; and
• to the extent that any transaction is entered into between you and a Third Party Provider in relation to any Third Party Element ("Transaction"):
  
• such Transactions are entered into between you and the relevant Third Party Provider of the Third Party Element. The Third Party Provider is and remains the supplier of the Third Party Element as principal in its own right, and we are not party to the Transaction or any agreements that may be entered into between you and Third Party Provider, even if terms may be prescribed by us in respect of such Transactions;
• we neither endorse nor assume any responsibility or liability arising in connection with any Transaction (or any Third Party Element in respect of which a Transaction is carried out). Save as expressly provided under these Terms, we shall not have any obligation in connection with any Transaction;
• we: (1) shall not be responsible for procuring; (2) do not warrant; and (3) do not undertake, that you shall comply or have complied (whether in whole or in part) with the terms and conditions governing any Transaction; and
• to the maximum extent permitted under applicable laws, you agree not to make any claim against us in respect of any loss or damage which may arise from or in connection with Third Party Providers performance or non-performance of the Transaction or other sale contract, or which may arise from or in connection with the nature, quality or fitness for purpose of the Third Party Element supplied by the Third Party Providers (or due to any defect therein), or arising in any other way, and you shall release and hold us harmless against any such loss or damage.

Some examples of Third Party Providers may include, without limitation, third party Financial Services Providers, third party app developers, marketplace aggregators, information providers, or our other business partners.


15. PERSONAL DATA AND SECURITY
Your use of our Services shall be subject to our Privacy Policy (as amended from time to time). By accessing any of our Services, you acknowledge and agree that you are at or above the legal age of majority in your jurisdiction and have read, understood and accepted the terms of our prevailing Privacy Policy. If you do not accept our prevailing Privacy Policy, you must not use any of our Services. If you are under the legal age of majority in your jurisdiction, you must have your parent or legal guardian's consent to and accept our prevailing Privacy Policy.
By continuing to access or use our Services after any updates to our Privacy Policy, you shall be deemed to have read, understood and accepted such updates.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are solely responsible for configuring your device(s), information technology, computer programme(s) and platform(s) to access our Services. It is your responsibility to use an appropriate virus protection software. We cannot guarantee any transmissions made on or through the Internet by you will be secure or confidential.
You acknowledge and agree that: (a) any content or information you submit or transmit via the Internet may not be protected by encryption, and may be vulnerable to interception during transmission; and (b) if you choose to use any public features available on our Services, any data provided therein may become publicly accessible.


16. INTELLECTUAL PROPERTY AND CONTENT RIGHTS
PICO Content
As between you and PICO, all content, materials, software, hardware, firmware code, algorithms, images, artworks, animations, models, text, graphics, illustrations, logos, patents, trade marks, service marks, copyrights, photographs, audio, videos, music on, and "look and feel" of our Services, PICO Elements, and all intellectual property rights related thereto (the "PICO Content"), are either owned by or licensed to PICO, it being understood that you or your licensors will own the User Content (as defined below) that you upload or transmit through our Services unless such content is already owned by or licensed to us. Use of the PICO Content for any purpose not expressly permitted by these Terms is strictly prohibited. PICO Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed, reverse-engineered, decompiled, disassembled or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors', prior written consent. We and our licensors reserve all rights not expressly granted to you in and to PICO Content. Nothing in these Terms confers on you any rights to use or otherwise exploit "PICO" and any other trademarks, service marks, logos, get-up, trade names, goodwill, internet domain names, slogans, product names and designations and other proprietary indicia used as part of any of our Services, all of which are and remain the property of PICO or the relevant owner(s).
You acknowledge and agree that when you view content available on our Services, you are doing so at your own risk. We make no representations, warranties or guarantees, whether express or implied, that any PICO Content and/or User Content is/are accurate, complete or up to date. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content transmitted or uploaded by you and other users on our Services (including PICO Content and/or User Content). The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
User Content
Users of our Services may be permitted to upload, post or transmit or otherwise make available content through our Services including, without limitation, any text, photographs, user videos, artworks, animations, model, sound recordings and the musical works embodied therein, comments, reviews, and ratings ("User Content"). We may also from time to time make available functionalities that enable users of our Services to extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user, or enable users to overlay music, graphics, stickers, virtual items, and other elements provided by PICO ("PICO Elements") onto User Content and transmit this User Content through our Services. The information and materials in the User Content, including User Content that includes PICO Elements, have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through our Services (including to third party platforms), or to make contact with other users of our Services, you must comply with the standards set out at "Your Access to and Use of Our Services" above, and any other policies, standards and/or guidelines as may be notified to you from time to time. You may also choose to upload or transmit your User Content, including User Content that includes PICO Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at "Your Access to and Use of Our Services" above, and any other policies, standards and/or guidelines as may be notified to you from time to time. You warrant that any such upload, transmission, and/or contact complies with those standards, and you shall be liable to us and fully indemnify us for any breach of that warranty -- this means you shall be fully responsible for any loss or damage we suffer as a result of your breach of this warranty.
You must not upload, transmit, distribute, store, communicate, portray, post, or otherwise make available, on or through our Services, any User Content that is confidential or proprietary. Any User Content shall be deemed to be non-confidential and non-proprietary.
When you submit User Content through our Services, you agree and represent that you own that User Content, or that you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of such User Content to submit it to our Services for all purposes contemplated under these Terms, to transmit it from our Services to other third party platforms, adopt or integrate any third party content (as the case may be), and grant us and our affiliates all licenses in User Content as contemplated under these Terms. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not submit such sound recordings to our Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to our Services. You must not expose us or other users to any intellectual property or other claims relating to User Content that you submit through our Services.
You must not transmit and/or upload any User Content through our Services if you are not the owner of the intellectual property rights in such User Content, save for any User Content in respect of which you have received all necessary permissions, clearances from, or are authorized by, the relevant owner to any part of such User Content in respect of the transmission or uploading (as the case may be). You or the relevant owner (as the case may be) of your User Content may still own any copyright in User Content submitted to our Services, save that by submitting or transmitting User Content via our Services, you hereby grant us and our affiliates an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of our Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use your user name(s), image(s), voice(s), and likeness(es) to identify you as the source of any of your User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content transmitted or uploaded by you to our Services constitutes a violation of their intellectual property or other rights.
For the avoidance of doubt, the rights you grant in your User Content under these Terms include, but are not limited to, the right for us and other users of our Services to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights or collective management organization, nor any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
By transmitting User Content to or through our Services, you waive any rights to your prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, moral, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights (including "moral rights" as defined under the Copyright Act 2021 of Singapore), or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you submit to or through our Services.
We, or third parties we authorize, shall have the right to cut, crop, edit or refuse to publish, User Content at our or their sole and absolute discretion. To avoid doubt, we have the right – but not the obligation – to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, (ii) in response to complaints from other users or third parties, or (iii) if such User Content is otherwise objectionable, as determined in our sole and absolute discretion, with or without notice and without any liability to you.
PICO may take reasonable measures to expeditiously remove from our Services any infringing materials that we become aware of, including any User Content. It is PICO's policy, at its sole and absolute discretion, to disable or terminate the accounts of users of our Services who infringe intellectual property or other rights.
We may from time to time make available features that may allow you to control whether your User Content is made publicly available on our Services to all other users of our Services or only available to people you designate. To restrict access to your User Content accordingly, it is your responsibility to select the appropriate setting, if available, within PICO or on such channel as we may designate.
Despite the above, we do not represent or warrant the accuracy, integrity, appropriateness, quality of any User Content, nor that the User Content does not infringe intellectual property rights, and under no circumstances shall we be liable in any way for any User Content (including for the avoidance of doubt any third party materials incorporated in User Content). We shall have no liability in respect of any User Content published by us or by third parties.
Infringement Notice
PICO reserves the right to investigate notices of copyright, trade mark and other intellectual property infringement ("Infringement") in respect of PICO Content, User Content and other material on our Services ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on our Services, please notify PICO in writing immediately in the form containing the information prescribed by the Copyright Act 2021 of Singapore ("Infringement Notice").
PICO
1 Raffles Quay, #26-10, South Tower, Singapore 048583
picoip@picoxr.com
PICO will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against PICO in respect of any Infringing Material, unless you have first given PICO the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter PICO refuses or fails to remove the Infringing Material within a reasonable time. Where PICO removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against PICO under applicable law which you may have in respect of any Infringing Material appearing on our Services prior to such removal by PICO.
You acknowledge and agree that PICO has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party platforms/services.
Feedback
If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

• PICO has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
• you irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

17. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AS A CONSUMER UNDER APPLICABLE LAWS.
OUR SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• ANY OF OUR SERVICES WILL MEET YOUR REQUIREMENTS;
• ANY OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; AND/OR
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF OUR SERVICES WILL BE CORRECTED.

OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR IN WRITING, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, SATISFACTORY QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, CURRENCY, RELIABILITY, PERFORMANCE, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, CONTINUED AVAILABILITY, OR INTER-OPERABILITY WITH OTHER SYSTEMS OR SERVICES, AND NO SUCH WARRANTY OR REPRESENTATION IS GIVEN IN CONJUNCTION WITH OUR SERVICES, PICO CONTENT, USER CONTENT, AND/OR THIRD PARTY ELEMENTS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.


18. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAWS, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC, PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR:

• ANY (i) LOSS OF BUSINESS; (ii) LOSS OF GOODWILL; (iii) BUSINESS REPUTATION; (iv) BUSINESS INTERRUPTION; (v) LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (vi) LOSS OF OPPORTUNITY; (vii) LOSS OF DATA SUFFERED BY YOU; AND/OR (viii) INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; AND/OR
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
  
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR IN CONNECTION WITH OUR SERVICES;
• ANY CHANGES WHICH WE MAY MAKE TO OUR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OUR SERVICES (OR ANY FEATURES WITHIN OUR SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED OR UPLOADED BY OR THROUGH YOUR USE OF OUR SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; AND/OR
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED SOLELY BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE MAY DECIDE IN OUR SOLE AND ABSOLUTE DISCRETION TO EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE SHALL NOT IN ANY EVENT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US OR FOR DAMAGE THAT ARISES IN CONNECTION WITH YOUR BREACH OF ANY OF THESE TERMS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, IT IS YOUR RESPONSIBILITY TO ASK YOUR SERVICE PROVIDER BEFORE USING OUR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF OUR SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, INTELLECTUAL PROPERTY RIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THERE ARE IMPORTANT HEALTH AND SAFETY GUIDES, POLICIES, AND INSTRUCTIONS ("HEALTH AND SAFETY INSTRUCTIONS") THAT YOU SHALL READ BEFORE USING YOUR PICO DEVICE OR ALLOWING MINOR TO USE YOUR PICO DEVICE. THESE INCLUDE GUIDES, POLICIES, AND INSTRUCTIONS THAT A PARENT OR LEGAL GUARDIAN OF A MINOR MUST REVIEW AND CONSIDER BEFORE DETERMINING WHETHER ANY PART OF OUR SERVICES IS APPROPRIATE AND/OR SAFE FOR THAT MINOR. YOU SHALL ALSO INFORM OTHER USERS USING YOUR DEVICE OF .
FAILURE TO FOLLOW THE HEALTH AND SAFETY INSTRUCTIONS MAY RESULT IN DAMAGE TO PICO DEVICE OR ACCESSORIES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING PICO DEVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE POLICIES AND INSTRUCTIONS AND ENSURE THAT ALL USERS OF YOUR PICO DEVICE READ AND UNDERSTAND THE HEALTH AND SAFETY INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND ACT IN ACCORDANCE WITH SUCH INSTRUCTIONS.
TO THE EXTENT NOT EXCLUDED AND/OR TO THE EXTENT NOT LAWFULLY EXCLUDED, PICO'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, SUITS, DEMANDS, ACTIONS OR OTHER LEGAL PROCEEDINGS IN CONNECTION WITH THESE TERMS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, SHALL NOT EXCEED SGD 1,000.


19. INDEMNITY
You agree to defend, indemnify, and hold harmless PICO, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account under these Terms or arising out of a breach of your obligations, representation and warranties under these Terms, including without limitation in connection with User Content.


20. OTHER TERMS
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
Language. These Terms are prepared in English and may be translated into multiple languages other than English. In the event of inconsistency between the English language text and any translation, to the maximum extent permitted under applicable laws, the English version shall prevail.
Open Source. Aspects of our Services may contain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at PICO Open Source Notice.
Entire Agreement. These Terms, and the documents referred to herein, embodies the entire agreement and understanding between the you and us relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to our Services.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is illegal or invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms shall continue to be valid and enforceable.
Third Party Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms.
If you find inappropriate content that violates these Terms or have any other concerns or questions you would like to raise, contact us at support.global@picoxr.com.


21. SUPPLEMENTAL TERMS - JURISDICTION - SPECIFIC
JAPAN
If you are using our Services in Japan, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Section 2 (ACCEPTING THE TERMS)

The following paragraph is added to Section 2:
Notwithstanding the third bullet point under Section 2, to the maximum extent permitted by applicable law, Minors and/or their legal guardians are entitled to cancel a purchase and request a refund if the purchase was made without the legal guardian's consent, to the maximum extent permitted by applicable law.
If you are over 13 but under the age of majority prescribed in Civil Code ("JP Minors") and use our Services required to pay a fee within our Services ("Paid Services") and we separately provide a monthly payment limit to you, you shall comply with such monthly payment limit. Money which you disposed in the Paid Services within such monthly payment limit shall be considered as either of the followings and shall be irrevocable in accordance with Paragraph 3 of Article 5 of Civil Code:
(1) Property which JP Minors' parents or the statutory agent permit its disposition by specifying the purpose thereof and disposed in the Paid Services to the extent of such purpose; or
(2) Property which JP Minors' parents or the statutory agent permit its disposition without specifying any purpose.

• Section 17 (LIMITATION OF LIABILITY)

Section 17 does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.

• Section 19 (OTHER TERMS)

Section 19 is modified to state:
These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.


SOUTH KOREA
If you are using our Services in South Korea ("Korea"), the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Cancellation of Purchases Made by Minors.

Notwithstanding the third bullet point under Section 2, Minors (younger than 19 years of age under Korean law) and/or their legal guardians are entitled to cancel a purchase and request a refund if the purchase was made without the legal guardian's consent.
The fourth bullet point under Section 2 shall not apply.

• Changes to the Terms.

The following shall apply in addition to Section 3:
We will use commercially reasonable efforts to generally notify users of any changes to these Terms, including but not limited to sending email notifications to the email address you have provided or posting notice on PICO, at least 7 days before the effective date of the changes. However, in the event of any changes that are material or disadvantageous to you, we will notify you individually at least 30 days before the changes are to take effect. Notwithstanding the foregoing, any changes that are related to new functionalities of our Services that benefit you or are permitted for legal reasons may take effect immediately.

• Notification of Restrictions on Accessing and Using Our Services.

Notwithstanding any terms to the contrary herein, in the event we restrict your access and/or use of our Services in accordance with these Terms by (i) terminating or disabling your account, (ii) suspending, discontinuing, removing or otherwise ceasing provision of all or part of our Services, (iii) removing or suspending your access to the functionality or (iv) terminating any license granted to you hereunder, we will use commercially reasonable efforts to notify you without delay, unless such notification is legally prohibited (e.g., violates applicable laws, regulations or orders of a regulatory body) or may reasonably cause harm to other users, third parties, us and/or our affiliates (e.g., causes harm to the security of our Services).

• Right to Cancellation of Purchases.

Notwithstanding any terms to the contrary under Section 12, you are entitled to cancel purchases from PICO Store within 7 days from the date of purchase; provided that, you have not commenced the use or consumption of the Digital Product purchased, in which case, we will not be liable to cancel your purchase or remit any refunds.

• User Content.

The following shall replace the 5(th) paragraph under "User Content" of Section 16:
You must not upload any User Content to which you are not the owner of the intellectual property rights. You or the relevant owner (as the case may be) of your User Content may still own any copyright in User Content submitted to our Services, save that by submitting or transmitting User Content via our Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of our Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented, for the purpose of the operation, distribution, incorporation as part of, improvement, development and promotion of our Services and its offerings. You further grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use your user name(s), image(s), voice(s), and likeness(es) to identify you as the source of any of your User Content. To the fullest extent permitted under applicable law and/or as consented to by you, we also have the right to disclose your identity to any third party who is claiming that any User Content transmitted or uploaded by you to our Services constitutes a violation of their intellectual property or other rights.
The following shall replace the 7(th) paragraph under "User Content" of Section 16:
By transmitting User Content to or through our Services, you waive any rights to your prior inspection or approval of any marketing or promotional materials related to such User Content. To the fullest extent permitted under applicable law, you also waive any and all rights of privacy, publicity, moral, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, by transmitting User Content to or through our Services, you agree never to assert any and all moral rights (including "moral rights" as defined under the Copyright Act 2021 of Singapore), or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you submit to or through our Services. You should only transmit or submit User Content to or through our Services if you agree to the foregoing.
The 3(rd) paragraph under "Infringement Notice" of Section 16 shall not apply.

• Limitation of Liability.

The following shall replace the last paragraph under Section 18:
THE EXTENT NOT EXCLUDED AND/OR TO THE EXTENT NOT LAWFULLY EXCLUDED, PICO'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, SUITS, DEMANDS, ACTIONS OR OTHER LEGAL PROCEEDINGS IN CONNECTION WITH THESE TERMS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, SHALL NOT EXCEED SGD 1,000. IF THE FOREGOING LIMITATION IN LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, PICO'S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

• Applicable Law and Jurisdiction.

Notwithstanding any terms to the contrary under Section 20, these Terms, their subject matter and their formation, are governed by the laws of Korea. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by the competent courts of Korea.

• Language.

Notwithstanding any terms to the contrary under Section 20, the Korean translation of the Terms shall take precedence, and any English version of the Terms exist for reference purposes only.


MALAYSIA
If you are using our Services in Malaysia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Section 2 (Accepting The Terms), 4(th) paragraph, 3rd bullet point is modified to state:

YOU MUST PAY IN FULL ALL SUMS DUE ARISING FROM THE ACTIVITIES OF THAT MINOR IN CONNECTION WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS MADE ON OR THROUGH OUR SERVICES BY THAT MINOR ASSOCIATED WITH YOUR ACCESS CREDENTIALS, EVEN IF THE MINOR DID SO WITHOUT YOUR KNOWLEDGE AND/OR CONSENT AND FOR ANY CHANGES ASSOCIATED WITH THE MINOR’S USE OF OUR PLATFORM AND/OR SERVICES.
You hereby release and hold harmless PICO from any and all liabilities that may arise from the Minor's use of our platform and/or services.

• Section 4 (Your Account With Us), 1(st) paragraph is modified to state:

To access or use our Services, you may be required to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, and keep such information current and complete as this is how we will communicate key information about your account to you. You must also comply with any other instructions we prescribe from time to time as part of the registration process.

• Section 6 (Your Access to and Use of Our Services), 6(th) bullet point is modified to state:

incorporate our Services or any portion thereof into any other program or product and/or for the benefit of any third party or any manner not permitted by us. In such case, we shall have the right to refuse to provide any of our Services, terminate account(s) or limit access to our Services in our sole and absolute discretion.

• Section 16 (Intellectual Property and Content Rights), 9th paragraph is modified to state:

By transmitting User Content to or through our Services, you waive any rights to your prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, moral, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby:

1. consent for us to perform or authorize the performance of acts including but not limited to those stipulated under section 25(2) of the Copyright Act 1987 of Malaysia pertaining to; and
2. waive and agree never to assert any and all moral rights (including "moral rights" as defined under the Copyright Act 2021 of Singapore), or to support, maintain or permit any action based on

any moral rights that you may have in or with respect to any User Content you submit to or through our Services.

• Section 16 (Intellectual Property and Content Rights), 16(th) paragraphs is modified to state:

We do not allow apps or developer accounts that infringe on the intellectual property rights of others (including trade mark, copyright, patent, trade secret, and other proprietary rights). We also don't allow apps that encourage or induce infringement of intellectual property rights. PICO will duly consider all Infringement submitted in the above manner and shall remove within 48 hours upon receipt of the Infringing Notice remove the infringing material provided the owner of the copyright shall undertake to compensate us in against any damages, loss or liability arising our compliance of such Infringement Notice. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against PICO in respect of any Infringing Material, unless you have first given PICO the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter PICO refuses or fails to remove the Infringing Material within a reasonable time. Where PICO removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive any right of action against PICO under applicable law which you may have in respect of any Infringing Material appearing on our Services prior to such removal by PICO.