The Company, POTOLO, hereby states its sole and exclusive ownership over all forms of intellectual property (“IP”) that it has created, developed, used, or otherwise made available through its app-based services. This ownership extends to, but is not limited to, all designs, functionalities, methodologies, software codes, algorithms, User interfaces, graphics, text, and any other material or innovations created or used by POTOLO in the execution of its business operations. The Company’s ownership of such intellectual property is affirmed regardless of whether the IP in question has been formally registered with the relevant authorities or remains unregistered. By this assertion, the Company unequivocally reserves all rights, titles, and interests in its intellectual property, subject to the terms of use agreed upon by the Users, partners, and any other third parties engaging with the Company’s services. Such intellectual property is a critical asset of the Company, instrumental in offering unique and differentiated services including but not limited to food ordering, worker hiring, health consultations, gym access, fleet management, dry cleaning services, and bus ticket sales, and is protected under applicable intellectual property laws.

The Company recognizes various forms of intellectual property under its protection, outlined as follows:

• 2.2.1. Copyrights: Copyright protection is claimed by the Company over all original works of authorship, including, but not limited to, software, written materials, graphics, photographs, audio, and video content created and used within its app-based services. This encompasses all content displayed to Users, proprietary methods of operation, and any documentation related to the services provided by POTOLO. The Company’s copyright interests extend to both published and unpublished works, ensuring full legal protection against unauthorized reproduction, distribution, performance, display, or derivative creation of the copyrighted material.
• 2.2.2. Trademarks: The Company’s trademarks, encompassing all names, logos, slogans, branding, and any symbols associated with POTOLO and its services, are expressly protected under this Policy. These trademarks are crucial in identifying the Company’s services and distinguishing them from those of competitors. The Company retains exclusive rights to the use of these trademarks in commerce, safeguarding the associated goodwill and preventing any potential confusion among consumers and Users regarding the source, sponsorship, affiliation, or endorsement of the services.
• 2.2.3. Patents: The Company may hold patents and patent applications for various inventions and innovations related to its app-based service offerings. This may include, but is not limited to, proprietary technology, processes, algorithms, and any novel inventions that are utilized in facilitating the Company’s services. These patents serve to exclude others from making, using, selling, or offering for sale the patented inventions without the Company’s consent, thereby securing a competitive edge and fostering innovation within the operational scope of POTOLO.
• 2.2.4. Trade Secrets: Trade secrets of the Company include, without limitation, non-public information pertaining to its business practices, technical processes, software algorithms, designs, methodologies, partner agreements, and customer information that is maintained in confidence and provides the Company with a competitive advantage. The Company takes reasonable measures to guard the secrecy of such information, with the understanding that its trade secrets are protected from misappropriation and unauthorized disclosure under applicable trade secret laws.

The Company’s intellectual property encompasses various aspects of its app-based services, as detailed below:

• 2.3.1. App Content and User Interface: The Company claims exclusive rights to the content and User interface of its app, including, but not limited to, text, graphics, layouts, design elements, and User interaction methodologies. This includes the architecture and navigational structure that provide Users with a distinctive and intuitive experience when engaging with POTOLO’s services.
• 2.3.2. Software and Technology: The proprietary software and technology developed by the Company for the operation of its services, including, but not limited to, algorithms, code bases, databases, and technological innovations, are integral to POTOLO’s offerings and are protected under this Policy.
• 2.3.3. Branding and Trademarks: As previously mentioned, the Company’s branding, including trademarks, service marks, trade dress, and any other symbols of brand identity, are safeguarded to maintain the integrity and reputation of POTOLO’s services in the market.
• 2.3.4. Original Content Generated by Partners and Users: The Company recognizes the value of original content generated by its partners and Users within the framework of its services. While ownership of such content may reside with the creators, the Company retains the right to use, distribute, and display this content as part of its service offerings, subject to the terms agreed upon by the contributing partners and Users.

The Company, POTOLO, hereby grants Users, partners, and other authorized entities limited rights to access and use its intellectual property solely for the purpose of engaging with and utilizing the services offered through POTOLO’s app-based platform. Such permissible uses include, but are not limited to, ordering food from kitchen partners, hiring workers for tasks or projects, obtaining health consultations from certified professionals, accessing gyms with flexible memberships, managing fleets with smart solutions, utilizing dry cleaning services with convenient pickup and delivery, and purchasing bus tickets for travel. Users and partners are authorized to interact with POTOLO’s content and services within the functional limitations of the app, including viewing, downloading, and printing content for personal, non-commercial use, provided such actions do not infringe on the Company’s IP rights or violate any provisions of this Policy. Additionally, the sharing of content from the POTOLO app on social media or other platforms is permitted when such sharing is integrated into the app’s features and explicitly allowed by the Company. This provision is subject to change, modification, or revocation by POTOLO at its sole discretion, without notice, and Users must ensure compliance with the most current version of this Policy.

The unauthorized, illegal, or unlawful use, reproduction, distribution, modification, public display, or creation of derivative works of POTOLO’s intellectual property without the express written permission of the Company is strictly prohibited. This includes, but is not limited to, the use of POTOLO’s trademarks, logos, app design and layout, software code, proprietary algorithms, and any content available through the app for any commercial purposes or in a manner that suggests an endorsement or association with any product, service, or entity without the explicit consent of the Company. Users, partners, and third parties are expressly forbidden from reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying algorithms of POTOLO’s software or to use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the app in a manner that sends more request messages to the POTOLO servers than a human can reasonably produce in the same period. The extraction of data or any content from the POTOLO app for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company is also prohibited. Violation of these prohibitions may result in legal action, including, but not limited to, civil and criminal penalties.

POTOLO may, at its sole discretion, offer licensing agreements to third parties for the use of its intellectual property. Such licensing arrangements shall be formalized through written agreements that clearly define the scope, term, and conditions of the license, including any limitations on the use of the Company’s IP, royalty payments, and other considerations as deemed necessary by POTOLO. The Company reserves the right to evaluate each licensing request on a case-by-case basis, considering factors such as the potential licensee’s alignment with POTOLO’s values, the intended use of the IP, and the potential impact on the Company’s brand and market position. All third parties interested in licensing POTOLO’s IP must submit a formal request to the Company outlining the intended use of the intellectual property, the duration of the proposed license, and any other relevant information that would assist the Company in making an informed decision. Unauthorized use of POTOLO’s IP by any third party, irrespective of any pending licensing discussions, shall constitute a violation of this Policy and be subject to enforcement actions as outlined herein.

The Company, POTOLO, acknowledges and respects the intellectual property rights of all Users and third parties in relation to content that they independently create, upload, post, send, receive, and store on or through the Company’s app-based platform (hereafter referred to as "User-Generated Content" or "UGC"). For the purposes of this Policy, UGC is defined as any form of content, including but not limited to text, reviews, comments, photos, videos, information, and other materials that Users contribute to the app. The Company asserts no ownership claim over UGC; all ownership rights, including intellectual property rights in UGC, remain with the User or the rightful owner of such content. However, by creating, posting, or sharing UGC on or through the POTOLO platform, Users grant the Company a global, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publish, translate, publicly perform, and publicly display such UGC (in whole or in part) for the purposes of operating, providing, and improving the POTOLO services. This includes the promotion of these services in any format and through any channels, including across any POTOLO services or third-party websites or advertising mediums. The rights granted in this Policy are granted for the maximal duration of protection afforded to such content by applicable laws and are intended to serve the operational and promotional needs of the Company’s service offerings.

By submitting, posting, or displaying UGC on or through the POTOLO platform, Users provide the Company with a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use that UGC as necessary for the provision and operation of the POTOLO services. This includes the right for the Company to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute UGC for the purpose of promoting POTOLO’s services or operating the POTOLO app. This license is intended to enable POTOLO to display UGC in the manner contemplated by the services and this Policy, and includes the right for the Company to make UGC available to, and pass these rights along to, others with whom POTOLO has contractual relationships related to the provision of the POTOLO services, subject to our privacy policy and applicable data protection laws. The grant of this license does not affect Users’ ownership rights in their UGC, but it does enable POTOLO to ensure its platform functions properly and effectively for all Users and services offered.

Users acknowledge and agree that they are solely responsible for all UGC that they make available through the POTOLO platform. Each User represents and warrants that they own all intellectual property rights in and to any UGC they post on POTOLO, or that they have the right to give POTOLO the license described above. Additionally, they must ensure that the posting and use of their UGC on or through POTOLO does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. The Company reserves the right, at any time and without prior notice, to remove or disable access to any UGC that POTOLO, at its sole discretion, considers to be in violation of this Policy or otherwise harmful to the POTOLO platform. The Company takes no responsibility and assumes no liability for any UGC posted, stored, or uploaded by Users, nor is it liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity encountered. Users agree to indemnify and hold harmless POTOLO, its officers, directors, employees, and agents, from any claim, suit, or action arising from or related to the use of the platform or violation of this Policy, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

5.1. Reporting Infringement:

POTOLO is committed to protecting its intellectual property and the IP rights of others. Should any individual or entity believe that their IP rights have been infringed upon by any content available through the POTOLO platform, they are encouraged to submit a formal notification of alleged infringement to the Company. This notification must be in writing and should include a clear identification of the IP claimed to be infringed, a description of the infringing activity, sufficient detail to enable POTOLO to locate the material on the platform, contact information of the complaining party (including address, telephone number, and, if available, email address), a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the IP owner, its agent, or the law, and a statement made under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be sent to the designated agent of POTOLO, whose contact information will be made available upon request.

5.2. Investigation Process:

Upon receipt of a properly formatted notice of alleged infringement, POTOLO will initiate an investigation into the claim. The investigation will be conducted in a timely and thorough manner, involving a review of the alleged infringing material and the circumstances surrounding its use on the POTOLO platform. During this investigation, POTOLO may temporarily remove or disable access to the material in question or take other appropriate measures in accordance with its policies and applicable laws. The Company will also make a good faith effort to contact the User who posted the allegedly infringing material, informing them of the complaint and providing an opportunity to respond. POTOLO’s actions during the investigation will not constitute an admission of any wrongdoing or liability on the part of the Company or the User who posted the material.

5.3. Actions Against Infringement:

If POTOLO determines that the material is indeed infringing upon someone’s IP, the Company will take appropriate actions to address the infringement. This may include permanently removing or disabling access to the material, terminating the accounts of repeat infringers, and/or taking legal action against individuals or entities involved in serious violations. POTOLO’s response to infringement will be guided by its commitment to uphold the integrity of its platform and protect the IP rights of all parties. The Company reserves the right to take unilateral action against infringing material or behavior without prior notice to the User who posted the material.

5.4. Counter-Notification Procedure:

Users who have had material removed or access disabled due to an infringement claim may submit a counter-notification if they believe the material was removed or disabled as a result of mistake or misidentification. A valid counter-notification must be a written communication that includes substantially the following: a physical or electronic signature of the User, identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, and the User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which POTOLO may be found, and that the User will accept service of process from the person who provided notification of the alleged infringement or an agent of such person. Upon receipt of a counter-notification that complies with these requirements, POTOLO will promptly provide the complaining party with a copy of the counter-notification and inform them that it will replace the removed material or cease disabling access to it in [INSERT NUMBER OF DAYS] business days unless the complaining party seeks a court order to prevent further infringement of the material.

6.1. Overview of 10DLC Requirements:

Ten-Digit Long Code (10DLC) is a new standard adopted by the telecommunications industry, specifically designed for business messaging through standard telephone numbers. This system enhances the delivery of application-to-person (A2P) SMS and MMS messages, ensuring compliance with carrier policies and regulatory requirements. The 10DLC system is intended to provide businesses with the benefits of high throughput and improved deliverability, while also incorporating measures to prevent spam and protect consumer privacy. In compliance with these requirements, POTOLO has instituted policies and procedures to ensure that all text message communications sent from our app-based platform adhere to the 10DLC standards. This includes obtaining appropriate consent from Users before sending text messages, providing clear opt-in and opt-out mechanisms, and adhering to all relevant regulatory guidelines to protect both the Users’ interests and the integrity of our messaging practices.

6.2. Opt-In Procedures for Communications:

POTOLO requires explicit opt-in consent from Users before sending any text messages or communications via the app. Consent is obtained through a clear and conspicuous disclosure at the time of User registration or through a specific opt-in mechanism for existing Users. Users are informed about the nature of the communications they will receive, including, but not limited to, updates, notifications, promotions, and services related information. Consent is documented and maintained in accordance with applicable legal standards and is subject to verification by POTOLO. This process ensures that all communications sent via the POTOLO platform are in compliance with User preferences and legal requirements, reinforcing our commitment to respect User privacy and choice.

6.3. Managing Communication Preferences

6.3.1. Opting Out of Communications:

POTOLO provides Users with straightforward and accessible means to opt-out of receiving text messages or any other form of communications at any time. Users may opt-out by following the instructions provided in the communication itself, such as replying with a keyword like "STOP" or through settings available within the POTOLO app. Upon receiving an opt-out request, POTOLO will promptly remove the User’s number from the messaging list and confirm the opt-out action has been processed. This process is designed to be User-friendly and ensures that the preferences of Users are respected and acted upon without delay.

6.3.2. Changing Preferences:

Users have the flexibility to change their communication preferences at any time through the POTOLO app. This includes the ability to opt back into receiving messages after previously opting out, or adjusting the types and frequency of communications received. POTOLO ensures that the process for modifying communication preferences is as straightforward as opting out, providing Users with full control over the communications they receive. The Company commits to processing such changes promptly, ensuring that User preferences are accurately reflected in our communications.

6.4. Compliance with Telecommunications Regulations:

In addition to adhering to the 10DLC standards, POTOLO is committed to full compliance with all applicable telecommunications regulations, including, but not limited to, the Telephone Consumer Protection Act (TCPA) and other guidelines set forth by the Federal Communications Commission (FCC) and relevant regulatory bodies. This commitment includes maintaining up-to-date knowledge of regulatory changes, implementing required practices to ensure compliance, and conducting regular audits of our communication practices. POTOLO’s dedication to regulatory compliance underscores our commitment to ethical business practices, respect for User privacy, and the provision of a safe, reliable, and compliant communication platform for our Users.

POTOLO is committed to the vigilant monitoring of its intellectual property (IP) to detect and promptly address any instances of unauthorized use or infringement. This commitment involves the deployment of state-of-the-art technology and human oversight to scan, identify, and evaluate potential infringements of its IP rights across various platforms, including but not limited to, digital marketplaces, social media sites, and other areas of the internet where infringement could potentially occur. The monitoring process is designed to be comprehensive, covering all forms of IP held by POTOLO, such as copyrights, trademarks, patents, and trade secrets, thereby ensuring the broadest protection of the Company’s assets. The monitoring activities are conducted on a continuous basis, with mechanisms in place to swiftly respond to potential infringements. This proactive approach to monitoring is augmented by the establishment of alerts and notifications from various IP protection services and platforms, which facilitate the immediate identification of possible IP rights violations. The efficacy of these monitoring efforts is periodically reviewed and enhanced to adapt to new infringement tactics and technological advancements, ensuring that POTOLO’s IP remains robustly protected against unauthorized use.

Upon identification of a potential infringement, POTOLO employs a multi-faceted enforcement strategy to address and resolve the issue effectively. This strategy may include the issuance of cease-and-desist notices to individuals or entities involved in unauthorized activities, the pursuit of removal of infringing content from online platforms through the submission of DMCA takedown notices or equivalent procedures under applicable laws, and the initiation of negotiation for settlement where appropriate. In cases where these initial steps do not result in the cessation of infringement activities, POTOLO is prepared to escalate the matter to legal action, including litigation, to enforce its IP rights vigorously. The decision to proceed with legal action is made after a thorough evaluation of the infringement’s impact on the Company’s business, the strength of the IP rights involved, and the likelihood of achieving a favorable outcome. POTOLO’s enforcement strategies are developed and implemented with the guidance of experienced legal counsel specializing in IP law, ensuring that all actions taken are in strict compliance with applicable legal standards and best practices. The goal of these enforcement efforts is not only to halt current infringement activities but also to deter future violations, thereby safeguarding POTOLO’s IP assets for the long term.

In its efforts to protect its intellectual property, POTOLO recognizes the importance of collaboration and cooperation with law enforcement agencies, other businesses, and IP rights organizations. This collaborative approach involves sharing information about IP infringement trends, techniques, and perpetrators with relevant stakeholders to foster a collective response against infringement activities. POTOLO is committed to providing assistance to law enforcement in investigations related to IP theft and fraud, including supplying evidence and information that may aid in the prosecution of offenders. Additionally, the Company actively participates in industry associations and coalitions focused on IP protection, benefiting from shared resources, intelligence, and advocacy efforts aimed at strengthening IP laws and enforcement mechanisms. Through these cooperative relationships, POTOLO enhances its ability to protect its IP assets effectively, contributing to broader efforts to combat IP infringement and promote respect for IP rights within the digital ecosystem and beyond.

Updates to the Policy may be necessitated by changes in legislation, alterations in POTOLO’s business model, expansions in service offerings, or advancements in technology that impact the creation, use, or distribution of intellectual property. Upon finalizing updates to the Policy, POTOLO will provide timely notification of these changes to ensure that all affected parties are informed and able to understand the implications of the updated terms. Notification methods may include, but are not limited to, email communications to registered Users, announcements posted directly within the POTOLO app or on the Company’s website, and press releases or public notices as deemed appropriate. The notification will include a summary of the key changes made to the Policy, the reasons behind such changes, and the effective date of the updated Policy. Users will be encouraged to review the revised Policy in full to ensure they are fully informed about their rights and obligations in relation to the protection and use of intellectual property on the POTOLO platform. In certain cases, POTOLO may also seek affirmative consent from Users for the updated Policy, especially in instances where significant changes impact the use of personal data or the rights of Users in relation to their own intellectual property contributions to the platform.

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 [INSERT NAME OF STATE], 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:

• 9.2.1. Mutual Negotiations: 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.
• 9.2.2. Mediation: 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.
• 9.2.3. Arbitration: 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 [INSERT NAME OF STATE], 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.

POTOLO is dedicated to the rigorous protection of its intellectual property and the IP rights of others. In line with this commitment, we have established a dedicated channel for the reporting of alleged IP infringements involving any content available through the POTOLO platform. Individuals or entities who believe that their intellectual property rights have been infringed upon by any content within the POTOLO app or its associated services are encouraged to direct their complaints to our Intellectual Property Rights Department. To report an alleged IP infringement, please contact us via email at [INSERT E-MAIL]. This email address is monitored by our specialized legal team responsible for handling IP rights issues. When submitting a complaint, please provide a detailed description of the alleged infringement, including the nature of the IP right infringed, specific details of the content in question, and any relevant evidence supporting the claim of infringement. Additionally, please include your contact information — name, address, phone number, and email address — to facilitate prompt and efficient communication. POTOLO takes all reports of IP infringement seriously and commits to investigating and responding to such reports in a timely and thorough manner, consistent with our Intellectual Property Policy and applicable laws.

In accordance with the 10DLC requirements and our commitment to respecting our Users’ communication preferences, POTOLO has established procedures for Users to manage their preferences regarding the receipt of text messages and other communications from us. Users wishing to opt-in, opt-out, or adjust their communication preferences can do so through multiple channels designed for convenience and ease of use. For assistance with managing communication preferences, including opting out of receiving text messages or altering the types of communications received from POTOLO, Users are directed to access the settings feature within the POTOLO app. This feature allows Users to customize their communication preferences directly. Alternatively, Users may contact our Customer Support Team for assistance with managing their preferences by emailing [INSERT E-MAIL]. Please include your User identification details and a clear description of your request. The Customer Support Team at POTOLO is trained to assist Users with all inquiries related to communication preferences, ensuring that Users have full control over the types and frequency of communications they receive from us. POTOLO is committed to ensuring compliance with all telecommunications regulations and respects the rights of Users to manage their communication preferences in accordance with their individual choices and privacy concerns. Read Less...