Terms of Service

PeN Terms of Service

Welcome to PeN!
Thank you for using our products and services (“Services”). The Services are provided by Dark Matter AB, creator of PeN Services, Platforms and Applications (“PeN”), located at Trädgårdsgatan 15, 25224 Helsingborg, Sweden.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services
You must follow any policies described here and made available to you within the Services.

Don’t misuse and don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by laws including export or import regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating you for suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding, artwork or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may show some content that is not originated in or by PeN. This content is the sole responsibility of the person or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

You must not be under 13 years of age to use PeN. If you are under the age of 13 you must have supervision of a responsible adult when using PeN.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic laws or ignoring your safety and those of others. Do not use our Service while you are driving, operating a motor vehicle, operating any form of transportation or while you are walking, jogging, running, climbing, skiing or similar activities. Your service provider or carrier may charge you fees for use of voice, data or messaging services in their network.

About Software in our Services
When a Service requires or includes downloadable software such as PeN, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

PeN gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PeN as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PeN, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Privacy and Copyright Protection
PeN’s Privacy Policy explains how we treat your personally identifiable data and protect your privacy when you use our Services. By using our Services, you agree that PeN can use such data in accordance with our privacy policies.

You will not infringe on other entity’s copyright or post content that violates the law. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Swedish Copyright Act.

Your PeN Account
You will need a PeN Account in order to use our Services. You may create your own PeN Account, or an administrator, such as your employer or educational institution, may assign your PeN Account to you. If you are using a PeN Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your PeN Account, keep your password confidential. You are solely responsible for the activity that happens on or through your PeN Account. Try not to reuse your PeN Account password on third-party applications. If you learn of any unauthorized use of your password or PeN Account change your password immediately.

Your PeNNeY Balance

To use PeN in calling non-PeN users or sending SMS you will need to have available PeNNeY that is enough to execute such transaction (calls, SMS). You will also be able to use PeNNeY to purchase items in within PeN’s own shopping network both digital and physical products. You will also be able to exchange earned PeNNeY rewards with gift certificates with our participating shopping portal partners.  The use of your PeNNeY balance is solely your responsibility. PeN is not responsible for misuse of your PeNNeY balance or related purchases and deductions due to usage of service or purchases made.

PeN gives you the possibility to increase your PeNNeY balance through (1) Offers (2) Advertising (3) Mining through usage. For Offers you will earn PeNNeY by executing or performing tasks or following instructions as per every offer presented.For advertising you will see some special advertising while using PeN, some of this advertising have rewards and once you execute certain action as requested by the rewarded advertising you will earn corresponding PeNNeY. Mining PeNNeY rewards by using PeN will be communicated as promotions from time to time.  Both Offers and Advertising are  from partner advertising networks. PeN is not responsible for any errors in award of PeNNeY from any of the rewardable actions or from the advertising networks or from your usage of PeN. In the event that you find any errors in any of the reward please contact rewards@penchat.net so we can assist you accordingly but we can not guarantee that we will be able to fulfill your request.

You are able to redeem your PeNNeY rewards through various redemption mechanisms that will be published in PeN. Redemption can be through use of service (1)purchase of digital products such as sticker, avemoji, anivemoji (2)purchase of physical products in PeN’s own stores (3)exchange with gift certificates to partner shopping portals in PeN with a minimum of 5000 PeNNeY at a redemption price that will be published from time to time. For every redemption request PeN will validate  and verify how the PeNNeY rewards were obtained. PeN reserves to right to accept or reject or disallow such redemption request.

Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our Services, you give PeN (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You will not upload or post derogatory remarks or comments in PeN. You will not upload or share anyone’s identification document or financial information or related personal information in PeN. You will not upload or post any inappropriate contents such as pornography; or  anything that encourages or entices or incite bullying, violence, racism or terrorism.

Our automated systems analyze your content to provide you personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored.
If you have a PeN Account, we may display your Profile name, Profile photo, and actions you take on PeN or on third-party applications connected to your PeN Account (reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your PeN Account.

You can find more information about how PeN uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Modifying and Terminating our Services
We are constantly evolving and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you leave. PeN may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will be happy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PeN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services
WHEN PERMITTED BY LAW, PeN, AND PEN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PeN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, PEN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PeN and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms
We may modify these terms or any additional terms that apply to a Service. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between PeN and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Sweden will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of Stockholm, Sweden and you and PeN consent to personal jurisdiction in those courts.

For information about how to contact PeN, please visit our contact page.