p!ng | The wicked fast robotic coffee drive thru

Terms and Conditions of Use

Effective as of July 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY sZipps Inc. (DBA p!ng) ONLINE SERVICES or p!ng PODS (AS DEFINED BELOW).

BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, AS DETAILED IN SECTION XVIII BELOW, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU ALSO AGREE TO OUR PRIVACY POLICY, LOCATED AT https://www.pingthru.com/legal, WHICH IS INCORPORATED INTO THESE TERMS AND CONDITIONS OF USE AND MAY BE UPDATED FROM TIME TO TIME.

Table of Contents

I. Introduction
II. Modifications to the Terms and Conditions of Use
III. Use of P!NG Online Services
IV. User Conduct
V. Submissions
VI. Programs and Promotions; Digital Offers
VII. P!ng® App
VIII. Copyright Infringement Notification
IX. Login and Registration
X. Third-Party Sites and Social Media Pages
XI. Privacy
XII. Ownership of Intellectual Property
XIII. Electronic Communications
XIV. No Warranties
XV. Limitations of Liability
XVI. Indemnification
XVII. International Users and Choice of Law
XVIII. Dispute Resolution, Binding Arbitration, and Class Action Waiver
XIX. No Agency Relationship
XX. Violations and Remedies
XXI. Entire Agreement, Claims Limitations, and Severability
XXII. Contact Information

I. Introduction

These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, any p!ng website, mobile application, physical site with a pod/kiosk, and online service or program where these Terms and Conditions of Use are posted, linked or incorporated by reference. These Terms and Conditions of Use are a legal and binding agreement between you and p!ng. These Terms and Conditions of Use govern your use of p!ng Online Services, which includes the programs, offers, content, information, services, and features made available through p!ng Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use p!ng Online Services.

Your use of p!ng Online Services or p!ng pod is at your risk. If you are dissatisfied with p!ng Online Services or p!ng pod in any way, your sole and exclusive remedy is to discontinue accessing and using p!ng Online Services and p!ng pod.

II. Modifications to the Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to p!ng Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" notice above. Your continued access to or use of p!ng Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

III. Use of p!ng Online Services

P!ng Online Services and all content, information, and other materials featured, displayed, contained, and available on p!ng Online Services or at physical sites, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, "Materials") are owned by or licensed to p!ng and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download p!ng Online Services for noncommercial purposes only.

You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, p!ng Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within p!ng Online Services, the Materials, and/or the programs, features, and services.

The display of a menu item on p!ng Online Services does not mean that the menu item is available as all items are subject to availability and available while supplies last. We make a reasonable and good-faith effort to display and describe the menu items available through p!ng Online Services accurately and completely. However, the detail and accuracy of the images and specifications of menu items that you see will depend on a number of things.

IV. User Conduct

You agree to use p!ng Online Services, the Materials, the physical kiosk/pods, and the programs, features, and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful toward employees, contractors, and agents of P!ng, our partners, other users of p!ng Online Services, and our physical sites including kiosk/pods, sensors, signs, parking lots, etc. You agree NOT to:

Rules of Accessing Products and Interacting with a p!ng Pod/Kiosk
When collecting a p!ng product, the customer must agree to:

When collecting a p!ng product, the customer must agree NOT to:

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, p!ng Online Services, the Materials, our users, our brand, p!ng property including p!ng pods, our sites or any other person or entity, or that violates these Terms and Conditions of Use, and/or applicable law. P!ng further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through the p!ng App, if p!ng believes that you have violated or acted inconsistently with these Terms and Conditions of Use, or applicable law, or that you have acted in a manner harmful to our interests, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.

P!ng shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use, and any decision it makes relating to termination or disabling of p!ng Online Services, accounts or refusal to deliver any orders, including those placed through the p!ng App, shall be final and binding.

V. Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through p!ng Online Services via phone or otherwise ("Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on p!ng Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

VI. Programs and Promotions; Digital Offers

Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through p!ng Online Services may also be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. P!ng urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

VII. p!ng® App

In order to use p!ng Online Services made available through the p!ng App (“ the App”) you must have a compatible mobile device; p!ng does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“ Apple”) or Google, Inc. (“ Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App.

You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

VIII. Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the " DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on p!ng Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

If you believe that your work has been improperly copied and posted on p!ng Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable p!ng Online Service and a description of where the Material that you claim is infringing is located within such p!ng Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

sZipps Inc. (DBA p!ng)
ATTN: Legal
14 Hawks Ridge Rd
N. Billerica, MA 01862
email: support@ping.com

IX. Login and Registration

Certain programs, offers, features, or services offered on or through p!ng Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify p!ng immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by p!ng or any other p!ng Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.  You may not use anyone else’s login at any time without their express written permission. P!ng shall not be liable for any loss or damage arising from your failure to comply with these obligations.

X. Third-Party Sites and Social Media Pages

P!ng Online Services may contain links to other third-party websites, including social media platforms. Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. P!ng has no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites, your relationship is with that third party.

XI. Privacy

P!ng's Privacy Policy applies to use of p!ng Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using p!ng Online Services you agree to our handling of your personal information as described in our Privacy Policy.

XII. Ownership of Intellectual Property

P!ng, its logo, and wordmark, are the trademarks or service marks of p!ng.

The absence of a trademark notice or legend indicating the registration or ownership by p!ng anywhere in the text of p!ng Online Services does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in p!ng Online Services.

P!ng Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on p!ng Online Services (collectively, the " p!ng Intellectual Property") are owned by or licensed to p!ng, with all rights reserved unless otherwise noted. We do not permit third parties to use p!ng Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

XIII. Electronic Communications

When you visit p!ng Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on p!ng Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

XIV. No Warranties

P!ng makes no representations or warranties regarding p!ng Online Services and the Materials.
WE DO NOT WARRANT THAT P!NG ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

XV. Limitations of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 10 USD if You haven't purchased anything through the Service.

XVI. Indemnification

You agree to indemnify, defend, and hold harmless p!ng and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with p!ng Online Services, and the Materials, programs, offers, features, and services made available through p!ng Online Services.

XVII. International Users and Choice of Law

P!ng Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Materials on p!ng Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use p!ng Online Services or export the Materials in violation of U.S. export laws and regulations.

XVIII. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH P!NG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION XVIII OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION.  YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT.
The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”).  YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES.

If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply.

XIX. No Agency Relationship

Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of p!ng Online Services, create any partnership, joint venture, employment, or other agency relationship between p!ng and you. You may not enter into any contract on our behalf or bind us in any way.

XX. Violations and Remedies

You agree that p!ng may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of p!ng Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith.

XXI. Entire Agreement, Claims Limitations, and Severability

These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within p!ng Online Services, and/or the Materials, programs, offers, features, and services made available through p!ng Online Services, as each is currently posted on p!ng Online Services, constitute the entire agreement between us and you with respect to your use of p!ng Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter.

XXII. Contact Information

If you have any questions about p!ng Online Services or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:

sZipps Inc. (DBA p!ng)
14 Hawks Ridge Rd
N. Billerica, MA 01862
(855) 617-7464