Terms and Conditions

Last Updated: September 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pigeonite ("Company," "we," "us," or "our") governing your access to and use of the pigeonite.net website located at pigeonite.net (the "Website"), together with all related applications, software, services, content, features, tools, and functionality offered by the Company (collectively, the "Service"). By accessing, browsing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated herein by reference. If you do not agree to all of these terms, you must immediately discontinue use of the Service and refrain from accessing the Website.

The Service is intended solely for users who are at least eighteen (18) years of age or the age of legal majority in their jurisdiction of residence, whichever is greater. By using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms. If you are accessing or using the Service on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity and its affiliates.

We reserve the right, in our sole discretion, to deny access to the Service to any person or entity, to remove or suspend user accounts, and to change the eligibility criteria at any time and for any reason. Your continued use of the Service following any changes to these Terms or the Service itself constitutes your acceptance of such changes. These Terms apply regardless of the device, platform, or method by which you access the Service.

2. Use of Service

Pigeonite grants you a limited, non-exclusive, non-transferable, revocable, and personal license to access and use the Service solely for your internal business purposes and in accordance with these Terms. This license does not include any right to resell, sublicense, distribute, publicly display, modify, reverse engineer, decompile, or create derivative works of any part of the Service, except to the extent expressly permitted by applicable law. All rights not expressly granted to you herein are reserved by the Company and its licensors.

To access certain features of the Service, you may be required to register for an account, provide accurate and complete information, and maintain the confidentiality of your account credentials. You are fully responsible for all activities that occur under your account and for ensuring that any use of your account complies with these Terms. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

The Service may be subject to usage limits, subscription plans, payment terms, or other commercial terms presented to you at the time of purchase or registration. You agree to pay all fees associated with your selected plan and to provide valid payment information. Failure to pay applicable fees may result in suspension or termination of your access to the Service. We reserve the right to modify, suspend, or discontinue any aspect of the Service, including pricing, features, or availability, at any time without prior notice, provided that any prepaid subscription fees will be handled in accordance with applicable law.

3. User Obligations

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Service by any third party. You shall not use the Service to transmit, upload, post, or otherwise distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You further agree not to engage in any activity that could damage, disable, overburden, impair, or interfere with the proper functioning of the Service or the networks connected thereto.

Without limiting the foregoing, you expressly agree not to: (a) use any automated means, including robots, spiders, scrapers, or data mining tools, to access or collect data from the Service without our prior written consent; (b) circumvent or attempt to circumvent any security, access control, or usage limitation features of the Service; (c) introduce viruses, malware, ransomware, or other harmful code into the Service; (d) impersonate any person or entity or misrepresent your affiliation with any person or entity; (e) use the Service to send unsolicited commercial communications, spam, or phishing messages; or (f) violate any applicable federal, state, or local laws, regulations, or ordinances in connection with your use of the Service.

You are solely responsible for all content, data, materials, and information that you submit, upload, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize the Company to use your User Content as contemplated by these Terms. You grant Pigeonite a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your User Content solely as necessary to provide, maintain, improve, and support the Service.

4. Intellectual Property Rights

All content, materials, software, code, designs, graphics, logos, trademarks, service marks, trade names, text, images, audio, video, data compilations, documentation, and other intellectual property displayed on or accessible through the Service (collectively, "Company Content") are owned by or licensed to Pigeonite and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms shall be construed as granting you any license or right to use any Company Content except as expressly authorized herein.

The pigeonite.net name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Pigeonite or its affiliates. You may not use, reproduce, display, or distribute any such trademarks without our prior written permission. Any unauthorized use of Company Content or trademarks may violate applicable law and may result in immediate termination of your access to the Service, as well as civil and criminal penalties to the fullest extent permitted by law.

If you believe that any content on the Service infringes your intellectual property rights, you may submit a written notice to our designated agent at [email protected] containing the information required by the Digital Millennium Copyright Act ("DMCA") and all applicable US federal regulations. We reserve the right to remove or disable access to any content that we believe, in our sole discretion, infringes intellectual property rights or violates these Terms. The Company will not be liable to you or any third party for any such removal or disabling of access.

5. Limitation of Liability

To the fullest extent permitted by applicable law, Pigeonite, its officers, directors, employees, agents, affiliates, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, business interruption, or other intangible losses, arising out of or relating to your access to, use of, or inability to use the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if the Company has been advised of the possibility of such damages.

In no event shall the total aggregate liability of Pigeonite and its affiliates arising out of or relating to these Terms or the Service exceed the greater of: (a) the amount paid by you to the Company for use of the Service during the twelve (12) month period immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100). This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if you have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. To the extent that such jurisdictions' laws apply to your use of the Service, the limitations set forth in this section shall apply to the maximum extent permitted by such laws. The limitations set forth herein shall survive any termination or expiration of these Terms and shall inure to the benefit of Pigeonite, its successors, assigns, and licensors.

6. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, and any warranties arising out of course of dealing, usage, or trade practice. Pigeonite does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, or that any defects will be corrected.

While we strive to maintain accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, reliability, suitability, or availability of the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is strictly at your own risk. The Service may contain links to third-party websites or resources; Pigeonite is not responsible for the content, products, services, privacy practices, or terms of use of such third-party sites.

You expressly agree that your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from the Company or through the Service shall create any warranty not expressly stated herein. The disclaimers set forth in this section apply to the maximum extent permitted by applicable law and shall survive any termination of these Terms.

7. Indemnification

You agree to indemnify, defend, and hold harmless Pigeonite, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and successors and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs), arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms, our Privacy Policy, or our Cookie Policy; (d) your violation of any applicable law, regulation, or third-party right; or (e) your negligence or willful misconduct.

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 you agree to cooperate with our defense of such claims. You agree not to settle any claim without our prior written consent. This indemnification obligation shall survive any termination or expiration of these Terms and your use of the Service.

The Company shall have no obligation to indemnify you for any claims arising from your use of the Service or from any breach by you of these Terms. Your indemnification obligations are independent of any insurance coverage you may maintain and shall apply regardless of whether any applicable insurance policy covers the underlying claim.

8. Governing Law

These Terms and any dispute or claim arising out of or relating to these Terms, the Service, or your relationship with Pigeonite shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. This choice of law applies regardless of your country of origin or the location from which you access the Service.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue in such courts, including any claim of forum non conveniens, and agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any jurisdiction.

The invalidity or unenforceability of any provision of these Terms under applicable law shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

9. Dispute Resolution

Before initiating any formal legal proceeding, you and Pigeonite agree to first attempt to resolve any dispute informally by contacting the other party in writing at [email protected]. The parties agree to negotiate in good faith for a period of not less than thirty (30) days following receipt of the written notice. If the dispute cannot be resolved informally within such period, either party may pursue formal dispute resolution as set forth below.

Any controversy or claim arising out of or relating to these Terms or the Service, including disputes regarding the existence, validity, interpretation, breach, termination, or enforceability of these Terms, shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in English in Delaware, unless otherwise agreed by the parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration. You agree that any arbitration shall be conducted on an individual basis only and not as a class action, collective action, private attorney general action, or other representative proceeding. You expressly waive any right to participate in class-wide arbitration or class-wide litigation. If this class action waiver is found to be unenforceable, the entire arbitration provision shall be null and void.

10. Termination

These Terms shall remain in full force and effect for so long as you access or use the Service. Pigeonite reserves the right to suspend, restrict, disable, or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, and with immediate effect, including for any violation of these Terms, suspected fraudulent or illegal activity, or non-payment of fees. Upon termination, all licenses and rights granted to you under these Terms shall immediately cease.

You may terminate your account at any time by following the procedures available through the Service or by contacting us at [email protected]. Upon termination by either party, you must immediately cease all use of the Service and destroy any copies of materials obtained from the Service in your possession. Termination of your account does not relieve you of any obligations to pay any outstanding amounts owed to the Company or to indemnify the Company as provided herein.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to provisions relating to intellectual property rights, limitation of liability, disclaimers, indemnification, governing law, dispute resolution, and any accrued rights to payment. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Changes to Terms

Pigeonite reserves the right to modify, amend, or update these Terms at any time and for any reason, including to reflect changes in law, industry standards, business practices, or the features and functionality of the Service. When we make material changes to these Terms, we will post the updated Terms on this page and update the "Last Updated" date at the top of this document. We may also notify you by email or through the Service interface.

Your continued access to or use of the Service after the effective date of any revised Terms constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service immediately. We encourage you to review these Terms periodically to stay informed about your rights and obligations. Material changes may include, but are not limited to, modifications to payment terms, privacy practices, dispute resolution procedures, or limitations of liability.

No amendment or modification of these Terms shall be binding unless set forth in writing signed by an authorized representative of Pigeonite or posted by the Company as an updated version of these Terms. Our acceptance of your payment or continued provision of the Service does not waive our right to enforce these Terms or any future modifications thereto.

12. Contact Information

If you have any questions, concerns, or comments regarding these Terms, the Service, or your rights and obligations hereunder, please contact us using the information provided below. We will make reasonable efforts to respond to your inquiries in a timely manner. For legal notices, please send written correspondence to the address below or email us at [email protected].

Pigeonite
Email: [email protected]
Phone: +15035550110
Address: 1211 SW 5th Avenue, Suite 1900, Portland, OR 97204, United States

All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, sent by nationally recognized overnight courier, or mailed by certified mail, return receipt requested, to the addresses set forth above or such other address as either party may designate by notice to the other party. Electronic notices sent to the email address associated with your account shall constitute valid notice for purposes of these Terms.