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TERMS OF SERVICE

Website and App Terms of Use

U.S. VISITORS:

THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY DISPUTES OR CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR DISPUTES AND CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED BELOW.

Thank you for accessing the PITANIUM website (the "Website") and/or the PITANIUM mobile application (the "Mobile App").

The Website and the Mobile App are owned and operated by PITANIUM, Inc., a Delaware corporation ("we" "us" or the "Company"). Our headquarters are located at Hong Kong.

These Website and Mobile App Terms of Use (these "Terms of Use") apply to and govern your use of the Website and Mobile App as well as to any and all purchases of any product from us. These Terms of Use apply every time you access or use the Website or Mobile App, whether you access or use them as a guest or as a registered user. Use of the Website or Mobile App includes accessing, browsing, or registering to the Website or the Mobile App. Please read these Terms of Use carefully before you start to use the Website or Mobile App.

By using the Website or Mobile App, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Website or the Mobile App. Please note that we update these Terms of Use from time to time, so remember to check back in before each use of the Website or Mobile App, as the latest Terms of Use will apply going forward and to any dispute or issue arising after the Terms of Use have been updated, to the extent permitted by applicable law.

Our Privacy Notice and any other policies, rules, or guidelines that may be applicable to a particular offer, product, or feature on the Website or Mobile App are also incorporated into these Terms of Use.

Use of the Website or the App

You must be 16 years of age or older to use the Website or the Mobile App. Minors under the age of majority in their jurisdiction but that are at least 16 years of age are only permitted to use the Website or the Mobile App if the minor's parent or guardian accepts these Terms of Use on the minor's behalf prior to use of the Website or Mobile App. For clarity, children under the age of 13 are not permitted to use the Website or the Mobile App.

The Website and the Mobile App are made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Website or the Mobile App for any commercial purposes whatsoever.

You may use the Website and the Mobile App only for lawful purposes and you may not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website or the Mobile App. You may not:

  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website or the Mobile App, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms of Use;
  • duplicate, decompile, reverse engineer, disassemble or decode the Website or the Mobile App (including any underlying idea or algorithm), or attempt to do any of the same;
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website or the Mobile App;
  • access or use the Website or the Mobile App in any manner that could disable, overburden, damage, disrupt or impair the Website or the Mobile App or interfere with any other party's access to or use of the Website or the Mobile App;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Website or the Mobile App, accounts registered to other users, or the computer systems or networks connected to the Website or the Mobile App;
  • misuse or tamper with the Website or the Mobile App (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material);
  • use the Website or the Mobile App in any way that breaches any applicable local, national, or international law or regulation;
  • use the Website or the Mobile App for the purpose of harming or attempting to harm minors in any way;
  • submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable.

Intellectual Property Rights

The Website and Mobile App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Mobile App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Mobile App.

User Contributions

The Website and Mobile App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Mobile App.

All User Contributions must comply with the content standards set out in these Terms of Use. Any User Contribution you post to the Website or Mobile App will be considered non-confidential and non-proprietary.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Mobile App.
  • Terminate or suspend your access to all or part of the Website or Mobile App for any or no reason.

Privacy Policy

All information we collect on this Website or Mobile App is subject to our Privacy Notice. By using the Website or Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Disclaimers

The information on this Website and Mobile App is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this Website and Mobile App and its contents;
  • excludes all liability for damages arising out of or in connection with your use of this Website and Mobile App.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, MOBILE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR MOBILE APP OR SUCH OTHER WEBSITES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Mobile App.

Governing Law and Jurisdiction

All matters relating to the Website and Mobile App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Arbitration and Class Action Waiver

Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website or Mobile App (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.

Class Action Waiver

You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Right to Opt-Out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions and/or the class action waiver set forth in these Terms of Use by sending written notice of your decision to opt-out to:

PITANIUM, Inc.
Attn: Legal Department
30/F, Gravity, No.29 Hing Yip Street, Kwun Tong, Hong Kong

The notice must be sent to the Company within 30 days of your agreeing to these Terms of Use.

Miscellaneous

We produce and sell various consumer products and related accessories. The Website and Mobile App are mainly intended for the online sale of our products and to provide information about our company and products.

These Terms of Use do not affect your statutory rights or your legal rights, if any, as a consumer.

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

We may assign these Terms of Use in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill our obligations under these Terms of Use.

These Terms of Use represent the entire agreement between you and us in connection with your use of the Website or the Mobile App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Website and the Mobile App.

We may revise these Terms of Use at any time by updating this page. By using the Website or the Mobile App, you agree to be bound by any such changes. Every time you wish to use the Website or Mobile App, please check these Terms of Use to ensure you understand the terms that apply at that time.

Contact Us

If you have any questions, concerns, or complaints about these Terms of Use, please contact us using the contact information found on our website.

You may also write to us at:

PITANIUM, Inc.
30/F, Gravity, No.29 Hing Yip Street, Kwun Tong, Hong Kong
ATTN: Legal Department
RE: Terms of Use

These Terms of Use are effective as of August 1, 2025.