Terms & Conditions
The gist
These terms are an agreement between you and us, the makers of Piku (“we”, “us”). They describe what we promise you, and your rights and responsibilities when you use Piku. By creating an account or using Piku, you accept them. If you don’t, please don’t use Piku.
If you live in the European Economic Area, Switzerland or the UK (a “European user”), some extra terms below apply to you. How we handle your data is in our Privacy Policy.
1. Who can use Piku
Piku isn’t meant for children. You must be at least 13, or the age at which you can use an app like this without a parent’s consent where you live, if that’s higher (up to 16 in parts of Europe).
You can use Piku only if you can form a binding contract with us. If you’re under 18 (or the age of majority where you live), you need the permission of a parent or guardian, who accepts these terms for you.
2. Your account
You sign in with Apple, Google or your email. Keep the details you give us accurate, so we can reach you about important changes, such as to these terms.
You’re responsible for what happens in your account and for keeping it and your devices secure. Tell us straight away if someone else gets into your account; if we think it’s been compromised, we may suspend it to protect you.
You can delete your account at any time in Settings, Account.
3. What you can and can’t do
Piku is for keeping your own habits. When you use it, you agree to follow these terms and the law, and not to: infringe our or anyone else’s rights; reverse engineer, decompile or try to extract Piku’s source code (except where the law allows it despite this term); copy, rent, sell or resell Piku or its content; get around Premium, credits or other limits, or use cheats, bots or automation; overload, attack or interfere with Piku, its servers or other people’s use of it; or use it to spread malware, spam or anything illegal.
4. What we own
Piku and everything in it (the app, its code and design, the companions, items, artwork, sounds and texts) belong to us or our licensors, and are protected by copyright and other laws. Piku, its name and logo are our trademarks. These terms don’t transfer any of this to you, and don’t give you any right to use our trademarks; the only right you get is the licence below.
5. Your licence to use Piku
We give you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download Piku and use it for your own, non-commercial purposes, on devices you own or control, under these terms and the rules of the store you got it from.
The licence lasts until you or we end it (see “Ending”). Everything not expressly granted to you is reserved by us.
6. Your content and feedback
What you put into Piku (your name, your habits and their history, the names you give your companions) stays yours. You give us permission to store, copy and process it only as needed to run Piku for you, including your cloud backup. That permission ends when you delete it or your account.
We love hearing ideas. If you send us comments, suggestions or feedback, we may use them freely, without restriction or payment to you.
7. Credits, items and companions
Credits, snacks, battery packs, items and companions are part of the game. You get a licence to use them in Piku, not ownership. They have no money value: they can’t be bought with real money, exchanged, transferred to anyone else or cashed out, and we never pay out for them.
We may change how they’re earned, what they cost and what they do, to keep Piku balanced. They end when your account is deleted. If Premium ends, your habits and progress stay, but Premium companions and items lock again until you have Premium.
9. Support and updates
If something’s wrong or you have a question, write to us at [email protected]. We’ll do our best to help, but we don’t promise a response time, and we offer no other support.
We keep working on Piku and may add, change or remove features, but we don’t have to provide any particular update, fix or feature.
We may stop offering Piku. If we do, we’ll tell you in the app at least 30 days before, when we can, so you can export your data, and subscriptions won’t renew.
10. Your health
Piku helps you build habits. It isn’t medical, health or other professional advice, and its tips are general. Talk to a doctor before changing your sleep, diet or exercise, especially if you have a health condition.
Reminders depend on your phone and its settings, and may not always arrive. Don’t rely on Piku for anything where a missed reminder could cause harm, such as taking medication.
11. Piku is provided “as is”
We work hard to keep Piku running well, but it is provided “as is” and “as available”, without warranties of any kind, express or implied, to the fullest extent the law allows. That includes any warranty that it will be uninterrupted, error-free or secure, that it will suit your particular purpose, or that your data will never be lost. You use it at your own discretion and risk: keep Cloud backup on, and export your data if it matters to you.
If you’re a consumer, the law gives you rights that can’t be excluded, such as to digital content that works as described. Nothing in these terms takes those rights away.
12. Limitation of liability
To the fullest extent the law allows, we (and our suppliers and licensors) won’t be liable for any indirect, incidental, special or consequential damages, or for any loss of profits, revenue, data or goodwill, or the cost of substitute products or services, however caused and even if we were told they were possible. We’re not liable for failures or delays caused by things outside our reasonable control.
To the fullest extent the law allows, our total liability to you for all claims about Piku or these terms is limited to the greater of €50 and the amount you paid for Piku in the 12 months before the event that gave rise to the claim.
European users: we’re liable for foreseeable damage caused by our breach of an essential obligation of these terms (one that Piku couldn’t work without, and that you can rely on), limited to damage typical for this kind of contract, and not for slight negligence in other duties. The limits above apply only as far as the law where you live allows.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for harm caused on purpose or through gross negligence, for something we’ve specifically promised you, or any other liability that can’t be limited or excluded by law.
13. Indemnity
You agree to indemnify and hold harmless us and our contractors and licensors against claims made by someone else, and the losses, damages, costs and expenses (including reasonable legal fees) that come from them, to the extent they arise from your breaking these terms or the law, or your misuse of Piku.
If you’re a consumer, this applies only as far as the law where you live allows.
14. Ending
You can stop using Piku and delete your account at any time. If you have a subscription, cancel it in your store settings too.
We may suspend or end your access to Piku if you seriously or repeatedly break these terms, if the law requires it, or to protect Piku or other people. Unless the law or safety prevents it, we’ll tell you why first, give you a chance to put things right, and let you export your data.
When these terms end, your licence ends. The sections on ownership, “as is”, liability, indemnity, and law and disputes still apply.
15. Changes
We may update these terms, for example when Piku changes or for legal, regulatory or security reasons. We’ll update the date at the top and, if a change matters, tell you in the app before it applies. Changes apply going forward. If you keep using Piku after that, you accept the new terms; if you don’t agree, you can stop using Piku, delete your account and cancel any subscription.
16. The App Store and Google Play
These terms are between you and us, not Apple or Google. We, not Apple, are responsible for Piku and its content.
If you got Piku from the App Store, your licence covers Apple-branded devices you own or control, under the Usage Rules in Apple’s Media Services Terms. Apple has no obligation to provide any maintenance or support for Piku. If Piku fails to meet a warranty that applies to it, you can tell Apple, and Apple will refund what you paid for Piku (if anything); to the extent the law allows, Apple has no other warranty obligation for it. We, not Apple, are responsible for any claims about Piku, including product liability claims, claims that it fails to meet a legal or regulatory requirement, claims under consumer protection or similar laws, and claims that it or your use of it infringes someone else’s intellectual property.
You confirm that you’re not in a country subject to a US government embargo, or designated by the US government as “terrorist supporting”, and that you’re not on any US government list of prohibited or restricted parties. We may restrict access where providing Piku would break sanctions or export laws.
Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you. If you got Piku from Google Play, Google Play’s terms also apply to your purchases.
17. Law and disputes
These terms are governed by the laws of Portugal. If you have a problem, please write to us first at [email protected]: most things can be sorted out that way.
If you’re a consumer, you keep the protection of the mandatory laws of the country where you live, and if you live in the European Economic Area, Switzerland or the UK, you can bring a claim in the courts where you live.
18. Translation
These terms were written in English. If we translate them and the versions differ, the English one applies, unless the law where you live says otherwise.
19. Everything else
These terms and the Privacy Policy are the whole agreement between you and us about Piku. If a court finds part of them invalid, the rest still applies. If we don’t enforce something straight away, we can still enforce it later.
You may transfer your rights under these terms only with our written consent. We may transfer ours, for example to whoever takes over Piku, as long as it doesn’t reduce your rights.
20. Contact
Write to us at [email protected].
About these terms
These terms are adapted from Automattic’s Terms of Service (github.com/Automattic/legalmattic), with changes to fit Piku, under the Creative Commons Attribution-ShareAlike 4.0 licence (creativecommons.org/licenses/by-sa/4.0). You’re welcome to copy and adapt them under the same licence.