General Terms and Conditions
of Use
BETA DISCLAIMER: WHILE THE Z-KUR APPLICATION IS FUNCTIONAL, IT IS CURRENTLY ONLY PROVIDED IN THE FRAMEWORK OF A BETA TEST, FREE OF CHARGE, FROM 1 APRIL 2024 UNTIL 31 JUNE 2024, WITHOUT PREJUDICE TO OUR RIGHT TO STOP OR SUSPEND THE BETA TEST AT ANY TIME. THE BETA Z-KUR APP LICENSED HEREUNDER IS STILL IN ITS TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS. A PRIMARY PURPOSE OF THIS BETA TESTING LICENCE IS TO OBTAIN FEEDBACK ON APP PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA Z-KUR APP. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE BETA Z-KUR APP AT YOUR OWN RISK, AND THAT THE SECTIONS 9 AND 10 BELOW APPLY TO YOUR USE OF THE BETA Z-KUR APP.
PIKO-TECHNOLOGIES SA is a Belgian limited liability company, registered with the Crossroads bank for enterprises under company number 0687.897.472, having its registered offices at Avenue Paul Hymans 126, 1200 Brussels, Belgium (“Piko-Tech”, “We”, or “Us”). These Piko-Tech General Terms and Conditions of Use (the “GTCs”) determine the terms and conditions under which You may use the services developed and owned by Piko-Tech as described in this Agreement, accessible through the webapp as well as applications for smartphones and tablets, in particular the Z-KUR app (together referred to as the “Service”) and govern the relationship between You and Piko-Tech in the framework of Your use of the Services as further described in section 1 of these GTCs. By registering with the Service, creating Your User Account (as defined in section 1.4) and accepting these GTCs, You: (i) conclude an agreement with Piko-Tech relating to the use of the Services of which the terms and conditions are set forth in these GTCs (the “Agreement”); (ii) declare that You have read, understood, and agree to be bound by these GTCs as well as the Z-KUR Privacy Policy which constitutes an integral part of the Agreement; and (iii) expressly waive the application of any other terms and conditions.
These GTCs and the Z-KUR Privacy Policy apply to any individual who registers with or uses the Services (the “User”, “You” or “Your”). Your use of the Services is therefore subject to Your prior acceptance of these GTCs (by ticking the box “I’ve read and accept the Z-KUR General Terms and Conditions of Use” at the end of the online registration form) and the acknowledgement that You have read the Z-KUR Privacy Policy
The Services are provided to assist You in Emergency situations where You may require help or assistance and to provide information about various health information and service providers. The Services are not intended to diagnose, treat, cure, or prevent any disease. Piko-Tech is not responsible for any medical or other issues that may occur, continue or result from any information, services, products, events or anything else You receive, send or learn about through the Services.
While the Services may include content that provides information on an emergency or health issue, Piko-Tech makes no representation as to the veracity or effectiveness of such content. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical issue. Never disregard professional medical advice or delay seeking it because of something You have read on the Services.USE OF THE SERVICES DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY HELP IN THE EVENT OF AN EMERGENCY. IN NO EVENT SHALL THE SERVICES BE DEEMED TO REPLACE DIRECT, HUMAN INITIATED (NON-AUTOMATED) CALLS TO PSAPS, WHERE POSSIBLE. IN ADDITION, CERTAIN FEATURES MAIN NOT BE AVAILABLE AND/OR AUTHORIZED IN ALL TERRITORIES. Use of the Services is NOT A CURE FOR AND DOES NOT GUARANTEE THE RESPONSE OF FIRST AID OR EMERGENCY SERVICES FOR ANY MEDICAL ISSUES.
If you are a US resident, the following provisions apply to You:THESE GENERAL TERMS OF USE CONTAIN A CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION AND JURY TRIAL WAIVER IN SECTION 11 THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE CERTAIN DISPUTES. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT.
1. Services
- “Community”: the community of Users consisting of all Users of the Services, irrespective of their location.
- “Emergency”: any potential or concrete hazardous or dangerous situation, such as accidents, medical emergencies, missing person, natural disasters, fire, terrorist attacks, armed attacks or other aggressions.
- “Order Receipt Confirmation”: the email sent by Piko-Tech to the User confirming (i) the starting of the Free Trial as defined in section 1.5 and/or (ii) the receipt of the payment of the Subscription Fees.
- “Pairing”: the action of pairing a User account (as defined below) with another User account, by scanning a unique QR code.
- “PSAP” or “Public Safety Answering Point”: person from emergency call-office that will answer an emergency call (such as a member of police, urgencies or fire services).
- “Subscription Fees”: the monthly or yearly subscription fees, as applicable, payable by the User to Piko-Tech in order to purchase a User Subscription.
- “User Subscription”: the user subscription purchased by the User which entitles a User to access and use the Services in accordance with the Agreement.
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The Services may be used to assist as User in the event of an Emergency as it may detect doubtful events such as an accident, enable automatic calls and warnings to PSAP, to the Community, and/or to persons of contact of the User. They also may enable Users, among other things, to:
- contact PSAP (automatically in certain circumstances),
- facilitate interactions with PSAP, with the Community, or with persons of contact of the User by sending request(s) in case of Emergency,
- localize (and contact) family members,
- capture digital media, and
- bring assistance to other Users.
- In particular, and without limiting the generality of section 1.2.1, the Services may automatically report an Emergency to a PSAP (in territories where this is authorized) and may enable You to rapidly and efficiently report an Emergency and to send alerts to (i) a PSAP and (ii) the Community. The Services provide for dedicated button to be used to facilitate contact with the relevant PSAP in case of Emergency. You may also receive general safety related messages/communications from Piko-Tech.
- In case of Emergency, the Services also may enable you to provide PSAP and relevant members of the Community then located in the vicinity of the Emergency (if any) with potentially useful information in relation to You, as specified in the Privacy Policy.
Downloading the app is free but Piko-Tech will charge You for the use of the Services after expiry of the Free Trial as described in section 1.6 (except for the free features). In the framework of and subject to the terms and conditions of this Agreement, Piko-Tech hereby grants You a personal, fee-bearing (with respect to non-free features only), non-exclusive, limited, non-assignable, non-transferable, revocable license (without the right to grant sublicense) to use the object code version of the Services and related software in accordance with the conditions provided in these GTCs, during the entire duration of the Agreement. Piko-Tech also grants You the right to receive any update and support that Piko-Tech would provide to all Users of the Services on a general basis. Provided that You consented and subject to additional conditions to be agreed upon between the parties, Piko-Tech reserves the right to change the scope of the Services and to modify the Subscription Fees for the use of all or part of the Services, in compensation for the license or the provision of support or maintenance services, or for personalized versions of the Services.
Without prejudice to the foregoing, the User can use some of the Services selected by Piko-Tech free of charge.
Piko-Tech reserves all rights not expressly granted herein in the Services.
In order to use the Services, You must register with the Services and create a user account (the “User Account”), in the form of a “Master Account” or a “Linked Account”. When creating Your User Account, Piko-Tech will collect and process certain personal data relating to you (and Your Linked Accounts, as the case may be) in accordance with the Z-KUR Privacy Policy.
Your access to and use of the Services will vary depending on your type of User Account:
- the paid Master Account will have access to all features of the Services and its User will be able to purchase additional Master and/or Linked Account(s) licenses and will be responsible to pay the Subscription Fees for both the Master Account(s) and the related Linked Account(s), if any. The free Master Account will only have access to certain features of the Services and its User will not be able to purchase additional Master and/or Linked Account(s), unless upgraded to a paid Master Account;
- the Linked Account may be created upon payment of the Subscription Fees using a unique license number of a paid Master Account to be Paired, provided to the User of the corresponding Master Account. At the option of the User of the Master Account, certain parts of the Services may be made unavailable to the Linked Account.
Paid Master and/or Linked Account(s) can be Paired with other accounts in order to facilitate the use of the Services with relatives or wards. By Pairing your accounts together, PSAPs can identify if relatives/wards are involved in the same Emergency in order to send the most appropriate emergency unit, even if you are unconscious. Linked Accounts of underage children are automatically Paired with the corresponding Master Account and cannot be Paired with any other User Account. The corresponding Master Account can however share such Linked Account with chosen User Accounts.
In addition, Your access to and use of the Services will depend on the capabilities of Your mobile device and the mobile carrier You have for mobile service, as well as on the territory where the Emergency takes place (since certain functions may not be available and/or authorized in certain territories). PIKO-TECH IS NOT LIABLE FOR A FAILURE IN PERFORMANCE OF THE SERVICES OR ANY MEDICAL ISSUES, INCLUDING DEATH, INCLUDING DUE TO NETWORK OUTAGES, FAILURES OR OTHER INTERRUPTIONS OF SERVICE, INCLUDING ATTEMPTS TO USE THE SERVICES WHILE LOCATED IN AN AREA THAT RECEIVES LIMITED OR NO COVERAGE.
For an optimal use of the Services, it is required that You have access to the Internet and geo-tracking systems and You are responsible for obtaining such access. Piko-Tech is not liable with respect to (the origin, nature, quality and/or availability of) Your connection to the Internet and geo-tracking systems as well as any potential inability to use the Services that might be related thereto.
You may never use the User Account of another User without such User’s permission. When creating Your User Account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your User Account, and You must keep Your User Account password secure. We encourage You to use “strong” passwords (passwords of at least 10 characters in length that use a combination of upper and lower case letters, numbers and symbols) for Your User Account. You must notify Piko-Tech immediately of any breach of security or unauthorized use of Your User Account of which You become aware at myprivacy@pikotechnologies.net, and if possible, You are directed to promptly change your password. Piko-Tech will not be liable for any damage and/or loss to You or any third party caused by any unauthorized use of Your User Account. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF YOUR USER ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES OR USE OR PROVISION OF ANY SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR EMAIL AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You may control your User Account and how You interact with the Services by changing the settings in your User Account. You may also deactivate and reactivate certain features when you wish so. The available features of a Linked Account are controlled by the Master Account User.
The creation of a Master Account by any individual under the age of 18 years old is strictly prohibited. If You are the parent or legal guardian of a minor to whom You make available the Services through a Linked Account, You assume sole and complete responsibility for the obligations hereunder and for ensuring full compliance with the terms of this Agreement.
For US Users, pursuant to 47 U.S.C. Section 230(d) as amended, and for all other Users, generally, Piko-Tech hereby notifies You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.
By accessing, using and/or submitting Personal Data to or through a Master Account, You represent that you are at least 18 years of age or older.
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF THE SERVICES THROUGH A LINKED ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S ACCESS OR USE OF THE SERVICES.
Creating an account with false information is a violation of these GTCs, including accounts registered on behalf of others or persons under the age of 18 without the consent of a parent or guardian. In the event of a breach of these age restrictions, Piko-Tech reserves the right to terminate these GTCs without advance notice, under the conditions set out in section 12 below.
Upon creation of the User Account and provided that the User provides full and valid contact details during its registration, the User is entitled to access the Services on a free basis (“Free Trial”) for a period of 30 calendar days, as specified during the registration process, starting from the registration (“Free Trial Period”). A Free Trial provides You access to the Services for a period of time, with details specified when you sign up for the offer.
By submitting full and valid contact details, the User (and the User of the Master Account) agrees to the Free Trial and to the application of these GTCs thereto. The User (and the User of the Master Account) will receive an Order Receipt Confirmation. At the expiration of the Free Trial Period, the User Account will be limited to the free features, as described in the webapp, unless the User of the Master Account places an order for User Subscription subject to the applicable Subscriptions Fees which will then be invoiced to the User of the Master Account on a yearly basis for the use of the Services.
In the absence of any order at the expiration of the Free Trial Period, Piko-Tech will limit the User Account to the free features, as described in the webapp. For the avoidance of doubts, during the Free Trial Period, all of the provisions of the Agreement shall apply, save as follows: (a) the User shall have no obligation to pay the Subscription Fees with respect to the Free Trial Period; and (b) the User may terminate the Agreement immediately by giving written notice to Piko-Tech at any time before the end of the Free Trial Period, in which case no liability to pay any fees will arise.
Without prejudice to the Free Trial Period, the right of withdrawal does not apply to the Services once the Subscription Fees have been paid.
All charges incurred by a User are final and non-refundable, except at Piko-Tech’s sole discretion and in accordance with the rules governing User Subscriptions. Although Piko-Tech may send You a reminder when your Free Trial is about to end, Piko-Tech do not guarantee that it will send, or You will receive, any such notifications. It is ultimately Your responsibility to know when the Free Trial will end if You decide You do not want to enter into a User Subscription.
User Subscription features, services and content may change at any time, and Piko-Tech does not guarantee any specific feature, service or content will be available for the entire Free Trial period. The rates in effect when You signed up for the Free Trial will be the same when the Free Trial ends, unless Piko-Tech notifies you otherwise. Piko-Tech reserves the right, in its sole discretion, to modify or terminate any Free Trial or Free Trial offer, Your access to a User Subscription during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a service at the same time, and Piko-Tech hereby reserve the right to limit Your ability to attempt to take advantage of multiple Free Trials.
Piko-Tech reserves the right to terminate or temporarily suspend Your access to all or part of the Services in case You do not comply with your obligations pursuant to these GTCs, in particular section 2 below. In addition, the availability of the Services may be restricted or disturbed, from time to time, in the following cases:
- in case of disruption of your Internet connection, cellular or geo-tracking system;
- in case of service failure of Your own device;
- in case of temporary suspension of Your access to the Services in accordance with section 2.3;
- in case of Force Majeure. For the purpose of these GTCs, “Force Majeure” means any cause or circumstance beyond the control of Piko-Tech, including, without limitation, natural disasters, wars, pandemics, civil commotion or social conflicts; or
- during the necessary and reasonable maintenance of any equipment, software or services used by Piko-Tech (or its sub-contractors) to provide the Services.
In order to comply with local laws and regulations, Piko-Tech may restrict the use of and/or block certain features of the Services, depending on Your location. Piko-Tech will use commercially reasonable efforts to inform You of the available features in the relevant territories.
Should You have any questions relating to the Services, please contact Piko-Tech by email at info@pikotechnologies.net or by postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium.
2. Your Obligations
3. Reported Emergencies and other User communications
4. Piko-Tech Proprietary Rights
5. Services Disclaimers
6. Privacy Policy
7. Third-Party Links
8. Indemnity
9. No Warranty
10. Limitation of Liability
10.1. To the maximum extent permitted by applicable law, in no event shall piko-tech, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data or other intangible losses, under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services, any linked sites or any code, materials, user content, product or service licensed, accessible or usable through the services. You acknowledge that these limitations on potential liabilities and damages are an essential element in this agreement and shall apply even if any remedy fails of its essential purpose. Under no circumstances will piko-tech be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your user account or the information contained therein.To the maximum extent permitted by applicable law, piko-tech assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third-party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted or otherwise made available through the services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third-party. Your sole remedy for dissatisfaction with the services, including any materials, user content, products or services available in the services, or any linked sites is to stop using the services, the materials, user content, products, or linked sites, as applicable.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent permitted by applicable law, any additional legal rights which you may have as a consumer remain unaffected by these terms.
Sensors used :
- -Accelerometer : Used for shock/fall detection
- -Gyroscope : Used for shock/fall detection
- -Magnetometer : Not sure but think it's about finding travel direction or altitude or fall speed
- -MotionSensor : Also detects shock/fall and type of activity (run, bike, car, etc.)
- -Location(GPS) of course : Track and get user location to send help
11. Governing Law and Jurisdiction
You agree that these GTCs and the Services will be governed solely by the laws of Belgium, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to the conclusion, validity, interpretation or performance of these GTCs and/or the Agreement and/or ulterior agreements that could arise therefrom, as well as any dispute relating or in connection with these GTCs, the Agreement and/or the Services, will be under the exclusive jurisdiction of the competent French speaking courts of Brussels, Belgium, without prejudice to Article 624, 1°, 2° and 4° of the Belgian Judicial Code and Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Statute of Limitations
Any claim or cause of action arising out of or related to these GTCs, the Privacy Policy, use of the Services, Your User Account, and/or Your User Content (collectively, “Disputes”) must be filed within one (1) year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
Venue and Dispute Resolution
These GTCs, the Privacy Policy and any Disputes (in each case whether in contract, tort, common or statutory law, equity or otherwise) are governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. All Disputes between You and Piko-Tech shall be exclusively resolved in a court of competent jurisdiction located in the County of New York, New York, and You and Piko-Tech (for US matters, only) agree to the personal and exclusive jurisdiction of such court(s).
Each party (piko-tech and you) acknowledges and agrees that any dispute is likely to involve complicated and difficult issues, and therefore it knowingly, irrevocably and unconditionally waives any and all rights it may have to demand that any dispute be tried by a jury. You acknowledge that this jury trial waiver may deprive you of an important right and you have knowingly and voluntarily agreed to waive such right.
Class action waiver – to the fullest extent permitted by applicable law, no dispute under the terms shall be joined to any other dispute, including any dispute involving any other current or former user of the services, and no class action proceedings or any proceedings in which either party acts or proposes to act in a representative capacity shall be permitted. Proceedings to resolve or litigate (if applicable) a dispute in any forum will be conducted only on an individual basis.
Class Certification Opt-Out
You have the right to opt-out and not be bound by the class, collective, and representative action waiver provisions set forth herein above by sending written notice of Your decision to opt-out to the following address: PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium, Attention: Legal Department. The notice must be sent within 30 days of the earlier of commencing use of the Services. Otherwise, You shall be bound by the above Class Action Waiver, in accordance with the terms herein.
12. Duration and termination of the Agreement
12.1. The Agreement begins on the acceptance of these GTCs and will remain effective until terminated in accordance with this Agreement. You may terminate the Agreement at any time, by sending an email at info@pikotechnologies.net or a postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium. However, you acknowledge and agree that the perpetual license granted by you in relation to Your User Content is irrevocable and will therefore continue after expiry or termination of any of the GTCs for any reason.
12.2. We may, without prior notice: change the Services; stop providing the Services or features of the Services, to You or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend Your access to the Services without notice for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. In case of termination of Your access to the paid Services by Piko-Tech without cause, Piko-Tech’s liability to You is limited to an amount corresponding to the paid Subscription Fees pro rata temporis (i.e. that portion of the Subscription Fees you paid for the period post termination or suspension). To be entitled to such reimbursement, You must send us a request by email at info@pikotechnologies.net or by postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium. To the extent that Piko-Tech provides the Services free of charge (e.g. during the Free Trial Period or, after such period, if You only use the free features of the Services), Piko-Tech has the right to terminate the Agreement at any time and without any liability.
13. iOS and Android devices
IF YOU ARE ACCESSING THE SERVICES ON AN APPLE IOS DEVICE (an “iOS Application”), (a) Piko-Tech grants You a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these GTCs are expressly between you and Piko-Tech only, and not with Apple, and Piko-Tech, not Apple, is solely responsible for the iOS Application and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the iOS Application to You (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Piko-Tech’s sole responsibility; (e) Piko-Tech, not Apple, is responsible for addressing any claims by You or any third party relating to the iOS Application or Your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or Your possession and use of the iOS Application infringes that third party’s intellectual property right, Piko-Tech not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if You use an iOS Application, then Apple, and Apple's subsidiaries, are third party beneficiaries of these GTCs, and, upon your acceptance of these GTCs, Apple will have the right (and will be deemed to have accepted the right) to enforce these GTCs against You as a third party beneficiary thereof.
IF YOU ARE ACCESSING THE SERVICES ON AN ANDROID DEVICE, Google may, at any time and without notice, restrict, interrupt, or prevent use of the Services, or delete the Services from Your Android device(s), or require Piko-Tech to do any of the foregoing, without entitling You to any refund, credit, or other compensation from Piko-Tech or any third party (including, but not limited to, Google or Your network connectivity provider). Further, (a) Piko-Tech, and not Google, is solely responsible for the Serviceq and the license granted herein; (b) Google has no obligation to provide maintenance and support for the Services; (c) the Google Play marketplace is owned and operated by Google Inc., and Your use of Google Play is governed by legal agreements between You and Google, not Piko-Tech; and (d) Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by You or any third party for allegations relating to the Services, or Your possession and/or use of the Services, including but not limited to: (i) consumer protection or similar legislation; (ii) any failure of the Services to comply with applicable legal or regulatory requirements; or (iii) infringement of third party intellectual property rights.
14. Miscellaneous provisions
14.9. Notice for California Residents If You are a California resident, You may have these GTCs mailed to you electronically by sending a letter to PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium with Your email address and a request for these GTCs.
Under California Civil Code Section 1789.3, California Service Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.