Terms and Conditions

Here’s What You Need To Know.

These terms of use, together with our privacy policy which you can find here, will govern you use of the Pillow App (“Pillow”) and related social media accounts. Pillow is a technology platform accessible by download of the App to enable you, the user, to share intimacy with your partner.

The term “our” or “us” or “we” refers to Pillow is the trading name of Pillow Talk Tech Ltd whose registered office is 26 Veysey Close, Exeter, Devon EX2 6AS. The copyright and other intellectual property rights in the software are owned by Pillow and you are permitted to use the software in accordance with these terms only. Pillow contains material which is owned by or licensed to us and protected by intellectual property or other laws throughout the world. This material includes, but is not limited to, the sound recordings, design, layout, look, appearance and graphics. All trademarks reproduced in Pillow, which are not the property of, or licensed to the operator, are acknowledged on Pillow.

This is an English language service intended for use by users of the English language. We have no obligation to provide the service in other languages. Further any comments shared by you on our social media platforms should be made in the English language.

Social Media

Whilst our services can be accessed via different forms of social media, at no time will you be contracting with us to provide social media services and you will be responsible for contracting with your social media provider and other than Pillow functioning “as is” we take no part in the relationship between you and your social media provider. Any disputes you may have with your social media provider used through Pillow must be dealt with between yourselves direct and by your continued use of Pillow you agree to use Pillow on this basis.

Installation

Pillow will work once you have downloaded and installed the App onto your device. One installation of the App is permitted per device and your use of the App will be identifiable only by the device’s IP address. Any personal data held by us is held securely and confidentially and in accordance with our privacy policy which can be found here.

Any person using Pillow must be over the age of 18. Whilst each person registering on Pillow must agree to our terms, we cannot guarantee that each person is at least of the required minimum age and we do not accept responsibility or liability for any content, communication or other use of Pillow by persons under the age of 18 in violation of these terms.

Use of Pillow

Pillow is designed for sharing intimacy between couples. You are permitted to share the use of Pillow with another however we ask that for the safety and wellbeing of others you respect our age requirement.

Downloading or reproduction of any material from Pillow is permitted solely in a manner for your own personal use to download or review the content at times convenient to you and the share with another. Access to Pillow does not confer upon you any license or right to use any of logos, brands, trademarks or other intellectual property rights of ours or others appearing on Pillow in any form or manner. All other reproduction and use for any other purposes (including commercial use) is prohibited.

For the avoidance of doubt you are permitted only to use the content on Pillow as the App provides by streaming. You are not permitted to record or otherwise hold episodes for later use outside the functioning of the App.

You may create a link to Pillow from your social media accounts or blogs owned and controlled by you provided it is for a legal, non-commercial purpose and is not to the detriment of our reputation nor contains derogatory comment concerning any other user of Pillow or other person. Any other linking is subject to our prior written consent.

Social Media Reviews

Any material you share on Pillow social media forums must be your honestly held belief reasonably based on identifiable factual information only. You must not share information to or used on Pillow to attack or damage our reputation or that of any others, to harm others or attempt fraudulent activities. You must not send anything through or to Pillow or use it for anything which is illegal, defamatory or breaches a person’s privacy or other rights.

We reserve the right to remove any material shared by you that in our sole opinion is shared in breach of these terms or potentially detrimental to our reputation, the reputation of Pillow whether by irrelevance, inaccuracy, un-invited advertising or of a libellous nature or the reputation of another user of Pillow. We reserve the right to filter and monitor and block messages sent by you within these terms for the purposes of ensuring the protection of third parties.

From time to time Pillow social media forums may contain reviews, posted comments or links to other places on-line which are not ours or under our control. We accept no responsibility for the nature, content or availability of those reviews, comments or links. The inclusion of any review, comment or link does not imply a recommendation or endorse the views expressed within them.

We do not take responsibility for the use or misuse by others of any personal information that you disclose on Pillow social media forums.

Every effort is made to keep Pillow up and running smoothly, however i) access is permitted for a temporary period only and we maintain the right to withdraw Pillow at any time (subject to any policy on pro-rata refunds which we might operate) ii) you must provide your own arrangements for accessing Pillow. Pillow content is designed for reproduction on electronic devices operating Apple operating software or as advertised.

Your activities should be fair and legal

We reserve the right to exclude you or otherwise to bring an action against you in a court of competent jurisdiction if, in our sole opinion, you are in breach of the terms of use of Pillow. Unauthorised use of Pillow may give rise to a claim for damages and/or be a criminal offence.

You must not attack or attempt to probe, scan or test the vulnerability of a system or network, alter the functionality of Pillow whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks or other; nor are you permitted to attempt to access data or parts of Pillow not intended for you or log into a server or an account that you are not authorized to access.

Charges

Pillow makes a charge for your use of this App. Upon having installed Pillow for the first time you will be able to make use of 3 episodes from the collection on Pillow. If you would like to access more than 3 episodes you are required to upgrade in return for payment. Payments are on either a monthly or annual basis as chosen by you. Streaming of episodes is unlimited subject to your obligation to subscribe.

It shall be your own responsibility to ensure that the services available through Pillow meet your specific requirements and the opportunity to try 3 episodes gives you that opportunity. To the full extent permitted by law we do not provide any warranty, condition or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the content found or offered on Pillow for any particular purpose.

Payment is taken in advance depending on the payment plan you choose. Payment for the period chosen is due in full immediately and must be made in full. In the event you or we terminate in accordance with the terms of this agreement you have no right to a refund for the remaining unused period.

Pillow reserves the right to improve, add to or modify the features of the content within the general description of content provided at the outset to you during the term of your payment plan.

Prices payable are as advertised from time to time. Pillow reserves the right to increase subscription rates at the time of any renewal. Please check on renewal of any changes in pricing which you will be accepting if you choose to renew at that time.

Termination

If you are or we suspect you are in breach of any of the terms of this agreement or you have become bankrupt we reserve the right to terminate this agreement and your access to Pillow immediately. Pillow reserves the right to seek compensation from you for any charges or liabilities we may incur as a result of your being in breach of these terms. We may terminate this agreement with you and your access to Pillow for any other reason on giving you 7 days’ notice.

You may remove Pillow from your device at any time however we take no responsibility for erasing your details from our records unless and until (and then within a reasonable time only) you notify us that your details should be terminated. Any personal data held is done so in accordance with our privacy policy which you can find here. Please note that once you have purchased a subscription for Pillow, by your removing Pillow from your device you will not be due a refund should any remaining period exist on your subscription.

Liability & Indemnity

To the extent permitted by law the software, content and services here under are provided to you “as is” without any warranties of any kind, expressed or implied with regard to but not limited to their quality, reliability, compatibility, security, performance, purpose, accuracy or non-infringement. You agree to assume all risks of using the software its function and service and not to hold us responsible for any damages, losses or harm tangible or intangible including but not limited to compensatory, consequential punitive, incidental or lawyer’s fees arising from the use of the software its function and service or the content of the service.

We exclude any liability for the accuracy, relevance or libellous nature of any material posted by third parties to Pillow’s social media accounts. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of Pillow or Pillow’s social media accounts. We do not guarantee the continued availability of the content and service, we take no responsibility for and we will not be liable for Pillow being temporarily unavailable due to technical issues beyond our control or for the actions of third parties against the correct function of Pillow.

For the avoidance of doubt nothing in this agreement should be taken as an attempt to exclude liability for death or personal injury caused by our negligence or for fraudulent misrepresentation but in all other cases we limit our liability for negligence to £100.

You agree to defend, indemnify and hold harmless, us and/or our associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by you of any of these Terms.

If any of the terms are illegal or unenforceable it does not affect or invalidate the other terms.

General

We reserve the right to vary any of the terms of this Agreement. If you do not agree to the change you may then forthwith terminate your registration. We shall be entitled to assign or sub-contract obligations under this Agreement. No delay by us to enforce our rights will affect our right to bring action against you for breach of this Agreement. This Agreement shall be subject to English law. Any dispute relating to it shall be dealt with exclusively in the English courts.

Right to cancel subscription in the European Union

In accordance with the statutory rights of consumers in the European Union you may cancel an order for the service provided by us to you within 14 days from the day on which the subscription first commences. You may cancel by sending to us a notification of cancellation at the above address. We will refund you with the amount you originally paid for the product within 14 days from the date we received notice of cancellation less any period you have used the service on a pro rata basis.

Notice regarding Apple

You acknowledge that this agreement is between you and Pillow only, not with Apple and Apple is not responsible for the app or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. In the event of any breach of warranty then you may notify Apple and Apple will refund any purchase price of services provided through the app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app. Apple is not responsible for responding to any claims by you relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with any terms of use of third party equipment or services required in using this app. You acknowledge and agree that Apple is a third party beneficially to this agreement and Apple will have the right to enforce the terms of this agreement against you as a third party beneficiary.