Welcome to Pana! Our mission revolves around the purpose of having a healthy relationship with money where it is more friendly and social.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.getpana.app (“Pana App”) and any application we associate with these terms (the “Service” or “Services”) operated by Pana Finance, Inc. (“us”, “we”, “our”, or “Pana”).

These Terms are a binding contract between you and Pana. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service, but please let us know by emailing at [email protected] so we can try to find a solution.

PANA IS A FINANCIAL TECHNOLOGY COMPANY AND IS NOT A BANK. ALL BANKING AND BANKING RELATED SERVICES ARE PROVIDED BY PIERMONT BANK, A MEMBER OF THE FDIC. THE PANA DEBIT CARD IS ISSUED BY PIERMONT BANK PURSUANT TO A LICENSE FROM VISA U.S.A. Inc. AND MAY BE USED EVERYWHERE VISA DEBIT CARDS ARE ACCEPTED.

Banking Services

Banking services associated with our services are provided by Piermont Bank, Member FDIC. Your transactions will be processed through an FBO account we hold at Piermont Bank for the benefit of our customers or users. We will provide you a monthly summary statement that describes your transactions. Your deposit balances held at Piermont Bank are insured by the Federal Deposit Insurance Corporation (FDIC) for up to the legal limit (currently $250,000 for each category of legal ownership).

Use of Pana Services

To access the Services, you must register a user account on the Application (“Pana App”) and agree to the below Terms and Conditions.

You must be at least eighteen (18) years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least eighteen (18) years old; (ii) you have not previously been suspended, removed, or deactivated from the Services, (iii) you are a legal resident of the United States or its territories (iv) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service or a delay in processing your enrollment with Pana Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Pana’s Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Application (“the Authorized Device”). You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in the online application store terms of use.

Updates to Application

From time to time, Pana may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Pana Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Pana Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install any Updates manually if necessary. Your use of the Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates). Pana reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.

Beta features

From time to time, we may, in our sole discretion, include certain test or beta features in the Services (“Beta Features”). Use of any Beta Features is voluntary. You agree that once you use a Beta Feature, your content or data may be affected in such a way that you may not be able to revert to a previous non-beta version of the same or similar feature. Also, if such a rollback is possible, you may not be able to return or restore data created within the Beta Feature to the previous non-beta version. Beta Features are provided “as is” and may contain errors or inaccuracies that could cause failure, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Features is at your own risk.

Identity Verification

You hereby authorize Pana, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address or physical address/residence, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.

Limitation on Accounts

You may not create more than one (1) Pana Account. Each unique mobile device may not be associated with more than one (1) Account. Users who attempt to associate several mobile devices with a single Pana Account may be deemed to have violated these Terms to the extent they are deemed by Pana to have abused the Services, and may be subject to Account suspension or closure.

Text messages

By providing us with a telephone number for a cellular phone or other wireless device and opting into transactional messages, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Pana at the phone number provided. Pana will send you news and updates, including recommendations to help make the most of your Pana’s account(s) and access select Pana features. Message frequency varies.

By providing us with a telephone number for a cellular phone or other wireless device and opting into promotional messages, you consent to receive autodialed and pre-recorded text messages from or on behalf of Pana at the number provided for marketing or promotional purposes. Message frequency varies. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you will need to specify it in your user settings within the Application. Standard message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages.

Push Notifications

By agreeing to these Terms, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.

Third-party services

The Services, including our websites, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.

User Content

Pana does not claim ownership of the content that you provide, upload, submit or send through the Services or to Pana. You understand and agree that all materials transmitted on or through the Services are the sole responsibility of the sender, not Pana, and that you are responsible for all material you provide, upload, submit or send to or through the Services. When you provide content to Pana or through the Services, you grant Pana (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. Pana will not compensate you for any of your content. You acknowledge that Pana’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Pana.

Prohibited Conduct

By using the Services you agree not to:

  1. Breach these Terms or any other agreement between you and Pana or violate any Pana policy;
  2. Access or use any part of the Services for any non-personal, commercial purpose;
  3. Access or use the Services for any illegal purpose or violate any law, statute, ordinance or regulation;
  4. Attempt to gain unauthorized access to any other user’s Account;
  5. Modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;
  6. Access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or
  7. Provide false, inaccurate or misleading information;
  8. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof (including any Application), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  9. Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
  10. Copy distribute, transfer, sell or license all or part of the Services;
  11. Transfer the Application to, or us the Application on, a device other than the Authorized Device;
  12. Intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
  13. Take any action to circumvent, compromise or defeat any security measures implemented in the Services;
  14. Use the Services to access, copy, transfer, retransmit or transcode information, Pana logos, marks, names or designs or any other content in violation of any law or third party rights; or
  15. Remove, obscure, or alter Pana’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Amendments to these Terms

Pana reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all of the Services without advance notice. All modifications and additions to the Services shall be governed by these Terms, unless otherwise expressly stated by Pana in writing. Pana may, from time to time, modify the Terms. Please check these Terms periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, or by reflecting such modification in an Application Update, and we may require that you accept the modified Terms in order to continue use of the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of these Terms.

Remittance Transaction services     

Pana offers remittance transaction services (“RT”) via the Pana App in collaboration with Servicio Uniteller, Inc. (“Uniteller”). All International Money Transmission for Remittance Transactions Is provided by Servicio Uniteller, Inc. If you would like to utilize RT services, you must agree to Uniteller’s User Agreement and Privacy Policy, both located in the Pana App.

Subject to applicable rules, you can send one (01) RT per month of up to $300 at no cost.

See below a breakdown of the RT costs:

  1. One (01) RT per month of up to $300 at no cost.
  2. If you surpass the threshold above in either number of RTs or remittance amount, the RT will cost you $9.99

For the avoidance of doubt:

  • After the first RT in any given month is processed, any other RT within that month will cost you $9.99 regardless of the amount.
  • If the first RT in any given month is over $300, it will cost you $9.99

*The above rules do not apply to Ambassador (“VIP”) Users.

For both Standard and VIP Users, the limits on remittance transactions per user are: $2,999.00 per day and up to $5,000 per day subject to internal review by Pana and Uniteller, enhanced due diligence and additional documentation request. Please note that these limits may change even after these terms have been accepted and acknowledged by the User.

Ambassador/VIP Referral Reward Program


VIP Referral Reward

Pana Finance Inc. (“Pana”) offers a Cash Referral Reward (“VIP Reward”) to Ambassador users as an incentive to spread the word about the Pana App.

The VIP Reward consists of a three dollar ($3) reward offered to the Ambassador user for each new user that opens a Pana account with the Ambassador’s referral link, once certain conditions are met.

Eligibility

The VIP Reward only applies to Ambassador users. As a reminder, Ambassador users are chosen at the sole discretion of Pana and will be invited to enroll in the Ambassador account per provision 1.4 of the Consumer Deposit Agreement.

To apply and be considered for the Ambassador user tier, any interested user can send an email to [email protected] or reach out via Pana’s social media.

The following conditions must be met in order to receive the VIP Reward:

  • The Ambassador user must have an active Pana account for at least one (1) month
  • The Referred must have a Pana account open
  • The Referred must meet at least one of the following requirements after enrolling in the Pana App:
    • Perform a debit card transaction with the Pana debit card within thirty (30) days of activating the card
    • Add funds to their Pana account by debit card or bank transfer
    • Set up direct deposit in the Pana App
    • Link at least two (2) recurring payments (i.e., subscriptions) to their Pana account

Some restrictions and additional requirements may apply. For instance, you may not be eligible for any reward if your account was ever suspended, frozen, deactivated, or terminated for any reason, including but not limited to fraudulent or suspicious activity.

In addition, you may not be able to obtain more than one thousand dollars ($1,000) per month in total incentives from the Ambassador/VIP Referral Reward Program. In other words, you will only be eligible to receive a three dollar ($3) reward for the first three hundred and thirty-three (333) users that you refer per month and that fully comply with the requirements mentioned above.

Payment

The Ambassador user will receive a VIP Reward equal to the total aggregate amount of all successful referrals within each period on the 15th and 30th of each month directly into their Pana account.

Miscellaneous

Each Pana Reward is non-transferable, cannot be combined with other offers, and must be used in the currency in which it was received. You are responsible for any and all tax liability resulting from any VIP Reward.

Pana reserves the right to review, investigate and disqualify any VIP Reward that violates the Ambassador/VIP Referral Reward Program, such as attempting to gain multiple VIP Rewards through self-referral or other similar means by using a different email address, phone number, or other personal information through fraudulent and/or illegal means. Pana may delay any VIP Reward for the purposes of investigation and may refuse to verify and process any transaction for any reason.

By clicking on a Referral Link provided by the Ambassador user, the Referred acknowledges that some of their personal information may be sent to the Ambassador user who provided the Referral Link as confirmation of the Referred registering and/or creating a Pana account.

Pana reserves the right to cancel the Ambassador/VIP Referral Reward Program or to change these Terms & Conditions at any time at its sole discretion. The Ambassador/VIP Referral Reward Program is subject to modification or termination at any time without notice at Pana’s sole discretion.

By participating in the Ambassador/VIP Reward Program, both the Ambassador User (“Referrer”) and Referred agree to:

  1. Be bound by these Terms and Conditions, the decisions of Pana and its designees, and Pana’s Privacy Policy;
  2. Defend, indemnify, release and hold harmless Pana, its affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising, and promotion entities and any person or entity associated with the production, operation or administration of the Ambassador/VIP Reward Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrer and/or Referred’s participation in the Ambassador/VIP Reward Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward).

Android or Apple Devices

The following terms apply when you use a mobile application obtained from Google Play or the Apple App Store (an “App Distributor”): (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android or Apple operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Pana is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country and (ii) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

No use by minors

Our Site and Services are not intended for persons under the legal age of majority where they reside, and in no event shall our Services be used by anyone under eighteen (18) years of age

Privacy

Without limiting the generality of these Terms, your use of the Site and Services is also subject to the terms of our Privacy Policy.  Please carefully review our Privacy Policy for information relating to our collection, use, and disclosure of your personal information.  By using the Site, you acknowledge that you have read, fully understood, and agree to be legally bound by our Privacy Policy.

Fees and Payment

(a) Fees to Access the Services. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time pursuant to the Termination section. All new fees, if any, will be posted prominently on the Platform and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered through the Services by us or by any other vendor or service provider. If you elect to pay any such fees with a credit card, you hereby (a) authorize Pana to charge such fees to such credit card account and verify that the credit card account has the necessary funds or credit available to cover your purchase and (b) agree to provide Pana with updated information regarding your credit card account promptly when the information changes, or upon Pana’s request. You shall pay all applicable taxes relating to use of the Services through your account.

(b) Other Fees and Limits. You acknowledge and agree that your use of the Services may result in other fees, charged by a third party, which are separate from and in addition to fees charged by Pana. Pana is not responsible for fees charged by third parties. For instance, a fee may be imposed by Pana or an ATM operator for use of the Debit Card at an ATM, including for a balance inquiry, and by any network used to complete the ATM transaction, as described in your Debit Card terms. In order to manage risk, we may limit the payment methods available when you make a payment. Fees and limits may change from time to time in our sole discretion.

Intellectual Property

You hereby acknowledge that Pana owns all rights, title and interest in and to the Services and to any and all proprietary and confidential information contained therein (“Pana Information”). The Services and Pana Information, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e, web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected]

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold Pana and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Pana reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Pana.

Disclaimers; No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, PANA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, PANA DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (2) THE SERVICES BE UNINTERRUPTED OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

Limitation of liability

In no event will Pana Finance, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or any other tangible or intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party or Client/Customer published or shown on the Service, including but not limited to information posted or published on “Circle Interactions”; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content for any damages or loss you might suffer in connection with your access of such information or content. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any members with whom you interact in using the Services and are not responsible for which members gain access to the Services.

Governing Law

Except as otherwise required by applicable law, these Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

General

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Your rights and obligations hereunder may not be assigned, subcontracted, delegated or otherwise transferred by you without Pana’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign these Terms or any of our rights or obligations under these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

International Users

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Pana intends to announce such Services or Content in your country. The Services are controlled and offered by Pana from its facilities in the United States of America. Pana makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against Pana, you agree to try to resolve the Dispute informally by contacting [email protected] We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within fifteen (15) days after submission, you or Pana may bring a formal proceeding.

Judicial Forum for Disputes

Except as otherwise required by applicable law, in the event that a formal proceeding must be brought by either party, you and Pana agree that any judicial proceeding will be brought in the courts of New York, New York State. We both agree to waive our right to a jury trial.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Language

By agreeing to these Terms, you warrant and represent that either: a) you are fluent in English and therefore acknowledge complete understanding of all the Terms and Conditions set forth herein; or b) you were assisted by a certified professional translator in your native language and therefore acknowledge complete understanding of all the Terms and Conditions set forth herein.

Contact Us

If you have any issues or inquiries about your Pana account, you can contact our customer service team via the Pana App’s customer support chat.

If you have any questions about these Terms or our APPs or Services in general, please contact us at: [email protected]

Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Pana an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.