Access to and use of the POTOLO application are hereby restricted to individuals who are eighteen (18) years of age or older, or the age of majority in the jurisdiction from which the application is accessed, whichever is higher. This age requirement is instituted to ensure that Users possess the legal capacity to enter into binding contracts under applicable law. By accessing or using the POTOLO application, you represent and warrant that you meet the above-stated age requirement and have the ability to form legally binding contracts. POTOLO reserves the right to request proof of age at any stage to verify that minors are not using the service. Failure to comply with this requirement may result in access restrictions or termination of your account with POTOLO.

Upon creating an account with POTOLO, you agree to (a) provide accurate, current, and complete information as may be prompted by any registration forms on the application ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to POTOLO, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized, illegal, and unlawful access to the Registration Data and any other information you may provide to POTOLO. You are solely responsible for all activities that occur under your account due to your failure to maintain the confidentiality of your account credentials. Should you become aware of any unauthorized use of your account or any other breach of security, you must notify POTOLO immediately. POTOLO will not be liable for any loss or damage arising from your failure to comply with this ToS.

The services provided by POTOLO are intended for the purpose authorized under these terms as follows: (a) for daily consumers, it shall be for personal and non-commercial use; and (b) for non-consumers like business partners, it shall be for commercial use. By agreeing to these Terms, you acknowledge and agree that you will not use the POTOLO application for any purpose that is illegal or prohibited by these Terms. Prohibited uses include, but are not limited to:

• using the application in any manner that could damage, disable, overburden, or impair any POTOLO server, or the network(s) connected to any POTOLO server, or interfere with any other party's use and enjoyment of the POTOLO application;
• attempting to gain unauthorized access to the application, other accounts, computer systems, or networks connected to any POTOLO server through hacking, password mining, or any other means;
• obtaining or attempting to obtain any materials or information through any means not intentionally made available through the application;
• using the application to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• using the application to conduct or forward surveys, contests, pyramid schemes, or chain letters;
• uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• impersonating any person or entity, including, but not limited to, a POTOLO official, forum leader, guide, or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Compliance with this provision is critical to the integrity and security of the POTOLO application and the services offered within. Violation of any part of this ToS may result in immediate termination of your account and access to POTOLO services, legal action, and appropriate financial liability for any damages caused by such unauthorized use.

The POTOLO application provides Users with the ability to order food from a variety of kitchen partners. Users can browse menus, place orders, and arrange for delivery or pickup through the application. POTOLO acts as an intermediary between the User and the kitchen partner, facilitating the transaction and ensuring that orders are processed efficiently. While POTOLO strives to ensure the quality and accuracy of the services provided by kitchen partners, it does not guarantee the quality, safety, or legality of the food ordered. Users are encouraged to review kitchen partners' profiles, ratings, and reviews to make informed decisions.

Users can hire workers for a variety of tasks and projects through the POTOLO application. The platform connects Users with qualified professionals who offer services ranging from home repairs to freelance work. POTOLO facilitates the hiring process, including posting job listings, reviewing worker profiles, and processing payments. However, POTOLO does not employ the workers and is not responsible for the quality, safety, or legality of the services provided. Users are encouraged to conduct their own research and exercise due diligence when hiring workers.

POTOLO offers access to health consultations with certified professionals, including doctors, therapists, and nutritionists. Users can book appointments, attend virtual consultations, and receive medical advice through the application. While POTOLO facilitates the connection between Users and health professionals, it does not provide medical services or advice. Users should seek the advice of a qualified healthcare provider for any medical concerns and should not disregard professional medical advice or delay seeking it based on information obtained through the POTOLO application.

POTOLO provides Users with access to local gyms, offering flexible membership options and the ability to book classes or personal training sessions. Users can explore gym facilities, view class schedules, and manage memberships through the application. POTOLO acts as an intermediary, facilitating the booking process and ensuring that Users can easily access gym services. However, POTOLO does not operate the gyms and is not responsible for the quality, safety, or legality of the services provided by gym partners. Users are encouraged to review gym profiles, ratings, and reviews to make informed decisions.

POTOLO offers fleet management solutions designed to optimize the efficiency and effectiveness of transportation and logistics operations. The application provides tools for tracking vehicles, managing routes, and monitoring driver performance. POTOLO facilitates the integration of fleet management services into Users' operations, ensuring that they can effectively manage their transportation needs. While POTOLO strives to provide accurate and reliable fleet management solutions, it does not guarantee the performance or results of the services provided. Users are encouraged to conduct their own research and exercise due diligence when integrating fleet management solutions.

Users can arrange for dry cleaning services, including convenient pickup and delivery options, through the POTOLO application. The platform connects Users with local dry cleaning providers, allowing them to schedule pickups, track orders, and manage payments. POTOLO acts as an intermediary, facilitating the transaction and ensuring that orders are processed efficiently. While POTOLO strives to ensure the quality and accuracy of the services provided by dry cleaning partners, it does not guarantee the quality, safety, or legality of the services. Users are encouraged to review dry cleaning partners' profiles, ratings, and reviews to make informed decisions.

POTOLO provides Users with the ability to purchase bus tickets through the application. Users can browse available routes, compare prices, and book tickets for their desired travel dates. POTOLO acts as an intermediary, facilitating the transaction and ensuring that tickets are issued accurately. While POTOLO strives to provide accurate and reliable bus ticketing services, it does not guarantee the availability, quality, or safety of the bus services. Users are encouraged to review bus operators' profiles, ratings, and reviews to make informed decisions.

Users of the POTOLO application are required to provide accurate, current, and complete information during the process of registration, and when using any of the services offered through the application. This obligation extends to the submission of personal information, payment details, and information related to the services requested or provided through the application, including, but not limited to, food orders, worker hiring specifics, health consultation details, gym subscriptions, fleet management data, dry cleaning specifications, and bus ticketing information. Users must promptly update their information to maintain its accuracy, currency, and completeness. Failure to provide accurate information may result in the suspension or termination of the User's account, denial of access to the application’s services, or legal action to recover damages caused by the misinformation.

Users are obligated to use the POTOLO application in a manner that complies with all applicable local, state, national, and international laws and regulations. This includes, but is not limited to, laws relating to labor and employment, health and safety, consumer protection, data protection and privacy, intellectual property, and any specific regulations governing the services utilized through the POTOLO application. Users must ensure that their use of the application does not infringe upon the rights of others or contribute to or facilitate illegal activities. In the event that POTOLO becomes aware of or suspects, in its sole discretion, any User’s violation of applicable laws or these Terms of Service, POTOLO reserves the right to investigate such violations and may, at its sole discretion, immediately terminate the User’s access to the application without prior notice.

Users agree to fulfill all payment obligations associated with services requested and provided through the POTOLO application. This includes ensuring sufficient funds are available for transactions, timely payment for services rendered, and adherence to the payment terms stipulated for each service, including cash on delivery terms where applicable. Users must review and understand the fees, taxes, and charges associated with their use of the application and the services therein. POTOLO reserves the right to employ all legal means to collect fees owed, including but not limited to legal action and the use of collection agencies. Failure to fulfill payment obligations may result in the suspension or termination of the User's account and access to the application's services.

Users of the POTOLO application are required to conduct themselves with respect and courtesy towards other Users and service providers on the platform. This obligation prohibits any form of harassment, abuse, discrimination, or derogatory conduct towards others, regardless of the medium through which such interactions occur. Users must respect the privacy and intellectual property rights of others, abstain from making false claims or statements, and avoid actions that could disrupt the provision or use of the application’s services. POTOLO reserves the right to terminate or suspend the accounts of Users who violate these principles of respect and courtesy, and to take appropriate legal action to protect its Users and service providers from abusive or unlawful behavior.

The POTOLO application may provide Users with the option to subscribe to gym access memberships, facilitating entry to a network of gym facilities with varying levels of access depending on the membership tier selected. Subscribers must adhere to the terms and conditions set forth by each individual gym facility, in addition to the overarching terms provided by POTOLO. These terms may include, but are not limited to, adherence to gym rules and regulations, proper use of gym equipment, and respect for gym staff and other members. Gym access memberships are personal and non-transferable. Misuse of membership privileges, including, but not limited to, the sharing of access credentials or engaging in conduct that is deemed disruptive or dangerous, may result in the immediate revocation of gym access privileges without refund. POTOLO reserves the right to modify, suspend, or discontinue the gym access membership service at any time without notice. In such cases, POTOLO may, at its sole discretion, pro-rate refunds based on the unused portion of the subscription.

Subscription fees for gym access memberships and any other subscription-based services offered through the POTOLO application shall be due in full at the commencement of the subscription period. The fees, billing cycles, and payment methods accepted will be clearly outlined within the application at the time of subscription. All fees are non-refundable, except as expressly provided in these Terms. Users agree to provide current, complete, and accurate purchase and account information for all subscriptions made through the POTOLO application. Users further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that POTOLO can complete transactions and contact the User as needed. Subscription fees are subject to change at the end of a current subscription period. POTOLO will endeavor provide reasonable prior notice of any fee changes to allow Users the opportunity to terminate their subscription before such changes take effect.

Users may cancel their subscriptions at any time through the account management features provided in the POTOLO application. Subscription cancellation will become effective at the end of the current billing cycle, and Users will have continued access to the subscription services until this time. No refunds or credits will be provided for partial subscription periods or for periods in which the subscription remains unused. In the event of a cancellation by POTOLO due to a breach of these Terms by the User, the User will not be entitled to any refund for any prepaid fees. POTOLO reserves the right to offer refunds, discounts, or other considerations in select circumstances at its sole discretion. Such instances do not entitle other Users to similar considerations under identical circumstances.

When ordering food through the POTOLO application, Users must comply with the terms set forth by POTOLO and its kitchen partners. Each order must be confirmed within the application, where Users will select their desired items, quantities, and delivery instructions. The price for each item, including applicable taxes and delivery fees, will be displayed at the time of ordering. Users are responsible for ensuring the accuracy of their orders, including the delivery address and desired delivery time. Once an order is placed and confirmed by the kitchen partner, Users are obligated to pay the total price indicated. Cancellations or modifications to orders are subject to the policies of the respective kitchen partner and may not always be possible. Delivery times are estimates only and may vary based on factors outside the control of POTOLO and the kitchen partner. POTOLO is not liable for delays in delivery or for any loss, damage, or inconvenience caused by such delays.

Users seeking to hire workers for tasks or projects through POTOLO must follow the application's process for posting job descriptions, reviewing applicant profiles, and selecting candidates. The terms of engagement, including scope of work, compensation, and timelines, must be agreed upon directly between the User and the hired worker. POTOLO acts as a facilitator by providing the platform for such engagements but is not a party to any agreement between Users and workers. Users may cancel a hiring arrangement in accordance with the cancellation policy agreed upon at the time of hiring. POTOLO is not responsible for any disputes, damages, or legal claims arising from the cancellation of a work arrangement or the failure of either party to fulfill the agreed terms.

Users can book health consultation appointments with certified professionals through the POTOLO application. It is imperative that Users provide accurate and comprehensive health information to enable effective consultation. Appointments are subject to the availability of professionals and must be scheduled in accordance with the professional's availability displayed within the application. Cancellation or rescheduling of appointments must be made within the timeframe specified by the health professional's policy. Fees for consultation services are due at the time of booking and are non-refundable except under circumstances where the professional is unable to fulfill the appointment due to reasons attributable to the professional or POTOLO.

The POTOLO application offers Users the service of scheduling pickups and deliveries for dry cleaning. Users must specify pickup and delivery times, and any specific instructions regarding the treatment of their items. While POTOLO endeavors to partner with reputable service providers, it does not directly undertake dry cleaning services and, as such, cannot guarantee the outcome of such services. Users are encouraged to inspect their items upon delivery and to report any issues directly to the service provider in accordance with the provider's dispute resolution policy. Cancellations of pickup or delivery must be made within a reasonable timeframe prior to the scheduled pickup or delivery time, in accordance with the policies set forth by the service provider. POTOLO is not responsible for items lost, damaged, or otherwise affected during the cleaning or transportation process.

The POTOLO application may provide Users with a variety of payment methods to facilitate ease of transactions for the services availed. Accepted payment methods may include, but are not limited to, credit cards, debit cards, digital wallets, and direct bank transfers. The specific payment methods available may vary depending on the User’s location and the particular service being utilized. Users must ensure that any payment method selected is valid, active, and has sufficient funds or credit available to cover the cost of the service ordered. Users are responsible for any fees, including transaction or processing fees, that may be charged by their bank or payment provider in connection with the use of the POTOLO application. It is the User’s responsibility to keep their payment information up to date and to promptly update their account with any changes to their payment method.

For certain services offered through the POTOLO application, such as food delivery or dry cleaning services, Users may have the option to pay using cash on delivery (COD). This payment method allows Users to make payment in cash directly to the service provider at the time of delivery. Users opting for the COD payment method must ensure that they are available at the specified delivery address to make the payment upon delivery. Failure to do so may result in cancellation of the order, and POTOLO reserves the right to impose a cancellation fee or restrict future use of the COD payment option for Users who repeatedly fail to make payment upon delivery. It is important to note that the availability of the COD payment method is subject to the discretion of POTOLO and its service partners and may not be available for all services or in all locations.

POTOLO is committed to maintaining the security of User transactions and employs various security measures to protect the confidentiality and integrity of payment information. This includes the use of secure socket layer (SSL) technology for the encryption of credit card and payment data during transmission. Despite these measures, POTOLO cannot guarantee the absolute security of any payment information transmitted over the internet or stored within the application and disclaims any liability for any unauthorized, illegal, or unlawful access to or use of such information by third parties. Users are encouraged to take precautions to protect their payment information, including not sharing their credit card details or passwords and ensuring that they log out of the application after completing a transaction. In the event of any suspected unauthorized, illegal, or unlawful transaction or fraud, Users must immediately notify their payment provider and contact POTOLO customer service to report the issue.

Users of the POTOLO application have the option to opt-in to receive communications from POTOLO and its partners, including, but not limited to, promotional offers, updates about new services, notifications regarding account activity, and informational content related to the services offered through the application. To opt-in, Users must affirmatively select the appropriate option within their account settings or through other means as may be provided within the application or via direct communication from POTOLO. By opting in, Users expressly consent to receive such communications through various channels, which may include email, text messages (SMS), push notifications, or other digital and electronic means. Users acknowledge and agree that opting in to receive communications may be a prerequisite for accessing certain features or promotions within the application. Users also acknowledge that their service provider may charge them for the receipt of text messages or data usage, and they agree to be solely responsible for any such charges.

Users have the right to opt-out of receiving promotional communications from POTOLO at any time. To exercise this right, Users may follow the unsubscribe instructions contained in the communications received, adjust their account settings within the application, or contact POTOLO customer service directly to request removal from the promotional communications list. POTOLO will process opt-out requests in a timely manner; however, Users may still receive communications for a short period while POTOLO updates its records. Opting out of promotional communications does not preclude Users from receiving important transactional or account-related information from POTOLO, as such communications are necessary for the management and use of the POTOLO application.

POTOLO and its partners may communicate with Users through various types of messages, including, but not limited to:

• 8.3.1. Promotional Communications: Offers, discounts, and promotions related to services available through the POTOLO application, and newsletters and announcements regarding new features or services.
• 8.3.2. Transactional Communications: Confirmations, reminders, and updates related to specific transactions or services requested by the User, such as order confirmations, appointment reminders, and service completion notifications.
• 8.3.3. Account and Service-Related Communications: Important information regarding a User’s account, changes to services or policies, security alerts, and support-related communications.
• 8.3.4. Feedback and Surveys: Requests for User feedback on services used or experiences with the POTOLO application, and invitations to participate in surveys aimed at improving the User experience. Users acknowledge that the receipt of certain types of communications, particularly transactional and account-related messages, is essential for the proper functioning and management of their account and the services accessed through the POTOLO application.

All content included on or made available through the POTOLO application, including, but not limited to, text, graphics, logos, images, digital downloads, data compilations, software, and the compilation of any of these items, is the property of POTOLO or its content suppliers and is protected by United States (“US”) and international copyright and trademark laws. The compilation of all content on the POTOLO application is the exclusive property of POTOLO and protected by the US and international copyright laws. POTOLO reserves all rights not expressly granted to Users under these Terms. The use of the POTOLO name, trademarks, logos, or other proprietary graphics without POTOLO's express written consent is strictly prohibited. Users may not copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the application’s content in any form or by any means without prior written permission from POTOLO or the content-specific copyright owner.

Users may have the opportunity to submit, post, display, or transmit (collectively, "post") content, including text, images, photos, comments, and other materials to the POTOLO application. By posting content, Users grant POTOLO a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users represent and warrant that they own or otherwise control all of the rights to the content they post, that the content is accurate, that use of the content does not violate these Terms and will not cause injury to any person or entity, and that they will indemnify POTOLO for all claims resulting from content they supply. POTOLO has the right but not the obligation to monitor and edit or remove any activity or content. POTOLO takes no responsibility and assumes no liability for any content posted by Users or any third party.

Users are prohibited from posting content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. This includes content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. POTOLO reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. The responsibility to ensure that any content posted to the POTOLO application complies with all applicable laws and regulations falls solely on the User. This encompasses laws relating to copyright, trademark, defamation, privacy, and public decency. Users posting content to the POTOLO application must have the legal right to distribute the content and must not violate the intellectual property rights of others. Violations of the intellectual property rights of POTOLO or any third party may lead to the termination of a User’s account and may expose the User to civil and/or criminal penalties. POTOLO is committed to enforcing its intellectual property rights to the fullest extent of the law, including the seeking of injunctions, damages, and, where appropriate, criminal prosecution. Users acknowledge that by providing the ability to view and distribute User-generated content on the POTOLO application, POTOLO is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the application. However, POTOLO reserves the right to block or remove communications or materials that it determines to be in violation of these Terms of Service or otherwise harmful to the community or the POTOLO application.

The data privacy and security rights of the Users shall be governed by the Company’s Privacy Policy.

POTOLO, including its directors, employees, agents, affiliates, partners, and third party service providers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• (a) your access to or use of or inability to access or use the POTOLO application;
• (b) any conduct or content of any third party on the POTOLO application;
• (c) any content obtained from the POTOLO application; and
• (d) unauthorized, illegal, or unlawful access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not POTOLO has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. POTOLO’s total liability to you for all claims related to the services under these Terms, whether in contract, tort, or otherwise, is limited to the amount you paid to POTOLO for access to and use of the POTOLO application.

You agree to defend, indemnify, and hold harmless POTOLO, its parent company, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

• (a) your use and access of the POTOLO application, by you or any person using your account and password;
• (b) a breach of these Terms; or
• (c) the content posted on the POTOLO application. This indemnification obligation shall survive these Terms and your use of the POTOLO application.

POTOLO reserves the right to terminate or suspend a User's account and access to the POTOLO application and its services at any time, with or without notice, for conduct that POTOLO believes violates these Terms of Service or other policies or guidelines that POTOLO has posted on the application. Such conduct includes, but is not limited to, the abuse of the POTOLO services, unauthorized, illegal, or unlawful use of the POTOLO application, or any illegal or fraudulent activity. A User may terminate their account at any time for any reason by following the account termination process outlined within the POTOLO application or by contacting POTOLO customer service directly. Upon termination by either party for any reason, POTOLO will close your account, and you will no longer have access to your account or any data associated with it. POTOLO is not responsible for the loss of such data upon termination.

POTOLO may, at its sole discretion, suspend a User’s access to all or any part of the POTOLO services at any time, for any of the following reasons:

• (a) to prevent damages to, or degradation of, the POTOLO services;
• (b) to comply with any law, regulation, court order, or other governmental request;
• (c) to otherwise protect POTOLO from potential legal liability. POTOLO will make reasonable efforts to notify the User of any such suspension in advance, except where POTOLO determines, in its sole discretion, that a suspension on shorter or no notice is necessary. During any period of suspension, Users may not have access to any content or data stored within their accounts. POTOLO may lift the suspension as soon as the relevant issue has been resolved.

Upon termination of a User’s account, whether by the User or POTOLO, the User will lose all access to the application and any services provided through it. All data associated with the User’s account, including, but not limited to, User profiles, job postings, and any communications made through the application, will be deleted. POTOLO disclaims any and all liability for the deletion of any such data. Termination of the account will not affect any rights or obligations that accrued before the termination occurred. POTOLO reserves the right, but has no obligation, to retain and use the data collected from your use of the services as provided in the Privacy Policy or as necessary to comply with legal obligations, resolve disputes, and enforce the Terms.

This Agreement and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the US, exclusive of conflict or choice of law rules. Both Parties agree that the laws of the US, without regard to principles of conflict of laws, shall govern this Agreement and any dispute of any sort that might arise between both Parties. The courts in the New Jersey, US shall have exclusive jurisdiction over any of the disputes arising out of or in relation to or in connection with this Agreement.

In the event of any dispute, controversy, or claim arising out of or in relation to or in connection with this Agreement or its breach, termination, or validity thereof, both Parties shall follow the dispute resolution procedure set forth below:

Both Parties shall first engage in bona fide mutual and amicable negotiations with respect to the dispute, controversy, or claim to resolve the dispute informally.

If the Parties are unable to resolve the dispute informally within thirty (30) days of initiating mutual negotiations, then either Party may initiate mediation proceedings by providing a written notice to the other Party. Both Parties shall then engage in mediation within thirty (30) days from the date of receipt of the written notice, using a mediator selected by mutual agreement or by a mediator appointed by a court of competent jurisdiction as per the Applicable Laws. Both Parties shall also mutually decide the rules and procedure for the mediation proceedings in writing unless institutional mediation is selected by both Parties in writing, wherein the mediation shall be governed by the rules and procedure of the mutually selected mediation institution.

If the Parties are unable to resolve the dispute through mediation within thirty (30) days from the date of initiating mediation, then either Party may initiate arbitration by providing a written notice to the other Party as per the Applicable Laws. The arbitration shall be conducted in accordance with the rules and procedures as may be mutually determined by the Parties in writing. The seat and venue for arbitration shall be the New Jersey, US. The arbitration shall be conducted by a sole arbitrator mutually selected and appointed by both Parties. In case the Parties fail to appoint an arbitrator, they may request the competent court to appoint a suitable arbitrator under the Applicable Laws. The arbitration shall be conducted in English language only. The decision of the arbitrator shall be final and binding on both Parties. In the event that a Party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other Party is entitled to recover the costs associated with enforcing or defending this award. This includes, but is not limited to, reasonable attorney’s fees, court costs, and necessary disbursements in addition to any other relief to which the Party may be entitled.

Neither Party shall be deemed in default or otherwise responsible for any delay or failure in performance under this Agreement to the extent that such delay or failure is attributable to any event or circumstance beyond their reasonable control, including, but not limited to, pandemics, epidemics, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the affected Party shall notify the other Party of such an event in writing and its impact on its ability to perform its obligations under this Agreement. The affected Party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance under this Agreement as soon as reasonably practicable. If such Force Majeure Event continues for a period exceeding sixty (60) days, either Party may terminate this Agreement upon written notice to the other Party. During the pendency of any Force Majeure Event, the performance of the affected Party’s obligations, to the extent affected by such Force Majeure Event, shall be suspended, and any timelines or deadlines set forth in this Agreement shall be extended accordingly as per mutual written agreement between both Parties.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be modified, rewritten, or interpreted to include as much of its nature and scope as will render it enforceable. If the court finds the said provision cannot be modified, rewritten, or interpreted to become enforceable, the said provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect as if such provision was not included. In the event such an invalid, illegal, or unenforceable provision is an essential part of this Agreement, both Parties shall immediately commence good faith negotiations to replace such provision with a mutually acceptable provision that, to the greatest extent possible under Applicable Laws, achieves the same economic, legal, and other benefits as the severed provision. This clause shall be applied and construed both with respect to this Agreement taken as a whole, and with respect to the parts and sub-parts of this Agreement taken separately.

No Party shall assign in whole or in part its rights or obligations under this Agreement without the prior written consent of the other Party. In case of such assignment, it shall be binding on and inure to the benefit of the respective successors of the Parties thereto.

No forbearance, failure, delay, or negligence in exercising any power, right, or privilege under this Agreement by any Party shall constitute a waiver thereof. Any single or partial exercise of any right, power, or privilege under this Agreement by any Party shall not preclude any other or future exercise thereof or the exercise of any other right, power, or privilege. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent breach, default, or violation. Any waiver, permit, consent, or approval of any kind under this Agreement must be made explicitly in writing and shall be valid only to the extent of its express terms and conditions.

Any amendment, modification, or waiver of any provision of this Agreement, or any consent to any departure therefrom, shall be effective only if it is in writing and signed by both Parties.

This Agreement constitutes the full and complete understanding and contractual agreement between both Parties, superseding all prior or contemporaneous oral or written communications, proposals, agreements, understandings, or representations about the subject matter herein. All prior understandings, discussions, negotiations, and agreements, whether oral or written, are merged herein.

All notices, requests, demands, and other communications that are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by facsimile transmission, by telex, by registered mail, by fax or by electronic mail, to the respective Parties. Notice shall be deemed given: if delivered personally, upon receipt; if sent by telex, upon confirmation of receipt; if sent by registered mail, within three (3) days of depositing in the mail; if sent by fax or electronic mail, upon electronic confirmation of receipt; or if posted on the other Party's last known residence, the next business day after posting. A notice is deemed to be received if it is delivered personally, when it is delivered; if sent by telex, on the third business day after posting; if sent by registered mail, on the date of signature of the courier’s receipt or if sent by e-mail or fax, at the time of transmission, provided that no “out of office,” “delivery failure,” or “not read” message relating to such e-mail is received by the sender within one (1) hour of transmission.

This Agreement may be signed in two or more counterpart originals, each of which shall constitute an original document and will be deemed fully executed when both Parties have affixed authorized signatures, whether or not on a single page. All the Parties agree that this Agreement may be executed and delivered by facsimile, e-mail, electronically transmitted Portable Document Format (“PDF”), or any other electronic means, method, and/or mode of transmission as mutually agreed between both Parties in writing, in accordance with the Applicable Laws. Both Parties hereby agree and acknowledge that electronic signatures shall be considered as valid, legal, and binding as traditional and original handwritten signatures to the extent permitted by the Applicable Laws.

By signing this Agreement, both Parties agree that they have had sufficient opportunity to review the terms and conditions of this Agreement with their legal counsel and agree to abide by this Agreement.

Both Parties acknowledge and accept that they have carefully read this Agreement, understood its terms and conditions, had an opportunity to consult with legal counsel of their choice, have considered the restrictions contained in this Agreement and their impact on their future activities, and agree that the restrictions contained in this Agreement are fair, reasonable, and are required for the protection of the legitimate business interests of both Parties.

POTOLO is dedicated to providing a high-quality experience for all its Users. Should you have any questions, concerns, or require assistance with your account or any of the services offered through the POTOLO application, our customer support team is available to assist you. Users can reach customer support through the following means:

Users may send inquiries or support requests to our dedicated customer support email address, which is monitored during regular business hours. We aim to respond to all email inquiries within a reasonable timeframe.

For convenience, Users may also access customer support directly through the POTOLO application. This feature allows for quick and easy submission of support tickets and provides access to a range of frequently asked questions and support articles.

For immediate assistance, Users may contact our customer support team via the telephone number that may be provided within the application. Telephone support hours may be posted within the application. POTOLO is committed to ensuring that your experience with our application is seamless and enjoyable. Our customer support team is trained to provide professional, courteous, and efficient assistance.

All formal legal notices or communications required or permitted to be given by a User to POTOLO under these Terms must be in writing and shall be deemed duly served when delivered by email or postal mail to the following addresses:

contact@potolo.com – This email address is monitored by the legal department, and it is recommended for the submission of legal notices, including, but not limited to, notices of alleged copyright infringement, trademark infringement, or other violations of intellectual property rights.

26 Fern Court, Sayreville NJ 08872 – This address should be used for formal legal correspondence that cannot be appropriately or securely sent via email. Users are advised to retain copies of any postal mail sent to this address and to consider using registered mail or a delivery service that provides tracking information.

Please include your name, address, email address, and a detailed description of the legal issue or notice you are submitting. POTOLO is committed to addressing all legal notices promptly and in compliance with applicable laws.

It is important for Users to understand that the contact information provided is for specific uses as outlined above. POTOLO reserves the right to redirect inquiries to the appropriate department for response and resolution. Read Less...