a) Under these terms and conditions (“Terms”), "Service" refers to the mePortfolio application developed by PKoSoft. All use of the Service shall be subject to the following Terms. By accessing, downloading, installing or otherwise using the Service, the user agrees to be bound by the Terms.
b) License and Scope: The Service is licensed, not sold, to the user and PKoSoft reserves all rights not expressly granted in these Terms. Subject to the Terms hereof, PKoSoft grants the user a personal, non-exclusive, non-transferable, non-sublicensable, limited license to download and use the Service on a device that the user owns or controls. Users may not rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, in whole or in part.
c) Intellectual Property: All copyright, trademarks and other forms of intellectual property with reference and in connection to the Service shall be deemed the exclusive property of PKoSoft. The Service is protected by copyright, trademark and may not be reproduced, copied, or used, in whole or in part, or in any other way than what is expressly stated within these Terms. The Service may only be used for personal purposes of the user. Any use of the Service for commercial purposes (including charging for any product or service that facilitates the Service in any way) is strictly prohibited by these Terms.
d) Consent to Use of Data: Users agree that Service may collect and use technical data and related information, including but not limited to technical information about device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to users (if any). Service may use this information, as long as it is in a form that does not personally identify user, to improve its products or to provide services or technologies.
e) Third Party Services. The Service may enable access to third party services, ads, and web sites, which may require Internet access. Users agree to use the services at your sole risk and that PKoSoft does not warrant and will not have any liability or responsibility to user or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties.
f) No Warranty: Financial information displayed by any part of the Service is for general informational purposes only and is not intended to be relied upon as investment advice. PKoSoft makes no representations, warranties (express or implied) or guarantees on any part of the Service. The Service is licensed to the user “as is”, “as available” and with all faults. PKoSoft does not warrant that the Service will be provided error-free, uninterrupted, uncorrupted or secure or that the Service will meet any of the users requirements or purpose. PKoSoft does not warrant that the Service will not interfere with your mobile devices and any services access to or used by the user in connection with the users mobile devices. PKoSoft expressly disclaims any and all representations and warranties of any kind, whether express or implied, including, without limitation, merchantability, satisfactory quality, accuracy of informational content, fitness for a particular purpose and non-infringement.
g) Limitation of Liability. In no event shall PKoSoft be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, the inability to use the Service, and even if PKoSoft has been advised of the possibility of such damages. Should the user be dissatisfied with respect to the Service or with any of the terms and conditions of this Agreement, the users sole and exclusive remedy is to discontinue use of the Service or terminate or remove the Service from the user’s devices.
h) Indemnity. The user agrees to indemnify and hold harmless PKoSoft, officers, directors, employees, consultants, agents and anyone providing information or software used in the Service from any and all claims arising from, related to, or incidental to the use of the Service.
i) Termination. The Service is effective until terminated by user or PKoSoft. The users rights under this Terms will terminate automatically without notice from PKoSoft if the user fail to comply with any obligation set out in these terms. Upon termination of the Service, user shall cease all use of the Service, and destroy all copies, full or partial, of the Service. PKoSoft have the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent your future access to and use of the Service.
j) Governing law and dispute resolution. This agreement and your use of the Service will be governed by and construed in accordance with the laws of Kingdom of Thailand, applicable to agreements made and to be entirely performed within the Kingdom of Thailand, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this agreement will be filed only in the courts located in Bangkok, Thailand and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these site terms.
k) Amendment: PKoSoft reserve the right to change or modify this Terms, terms of service, or any policy or guideline, at any time. Any changes or modification will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the software following the posting of changes or modifications will confirm your acceptance of such changes or modifications.