TERMS OF SERVICE
These Terms govern your use of Primetric websites, services, and applications available at https://primetric.com (“Service”). These Terms apply to you and others who access or use the Service. Please read them carefully before using the Service.
The Service is subject to author's property and moral rights. By accessing or using the Service you confirm that you have read these terms of the Service, understood his contents and agree to be bound by his stipulations, including you agree to the following requirements: (i) you must be an adult, (ii) you must register in the Service by creating a username and password; accounts registered by “bots” or other automated methods are not permitted, (iii) you agree to provide us with accurate, complete, and current registration information about yourself, (iv) you are responsible to ensure that your password remains confidential and secure (v) one account can be used only by one single person, (vi) you may create separate accounts for as many people as you are permitted by the paying package you have chosen to use, indicated in the Order Form, (vii) you agree that you are fully responsible for all activities that occur under your account, (viii) you undertake to promptly notify us in writing or via e-mail if you become aware of any unauthorized access or use of your account and/or any breach of these Terms.
If you do not intend to be bound by the stipulations herein, you should abstain from the use of the Service. This terms constitutes a full and complete agreement concluded by and between you and the Service Provider and supersedes any previous offers, statements and agreements which may have been concluded with the Service Provider in connection with the use of the Service (“Terms” or “Agreement”).
If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and represent and warrant that you are authorized to make decisions on behalf of the Organization and agree that the Service is entitled to rely on your instructions. In that case, “you” and “your” refers to you and that Organization.
1. THE SERVICE
The Service Provider provides Services electronically only for legal persons or other organizations having legal capacity. The Service Provider does not provide Services for individual customers. Services provided by the Service Provider are indicated in the “Price List”
The Service Provider of the Services is Primetric sp. z o.o. (limited liability company) having its registered office in Wroclaw at Klecińska 125 Street, 54-413 Wroclaw, Poland, entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000640027, NIP (tax identification number): 8992799334, REGON (National Official Register of Business Entities): 365540848, share capital: 75 150,00 PLN.
The Service is a resource, which may be used for project planning, timesheets, estimating project costs, measuring projects, teams, and people’s performance or finding the specialists best suited to your projects. The Service is provided on an “as is” basis. The Service may continue to change over time as we refine and add more features. We reserve the right, at any time, to add, modify or discontinue any feature, functionality or any other tool, within the Service, at our own discretion, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement via the Service or by sending you an email, at least 14 days before its planned entry into force. In such a case, you have a right to terminate the Agreement within the notice period, referred to in the preceding sentence.
Access to the Service is via Internet only and is possible with Google Chrome in the newest versions.
The Service is accessible to you continuously; it is, however, possible that the Service Provider will temporarily suspend the access to the Service for technical reasons (due to a breakdown, necessity to fix, maintain, modernize or expand the systems supporting the Service). In case of a technical break which lasts longer than 24 hours, you may extend, free of charge, the subscription for a period, during which the technical break took place, for as many days as the break lasted.
You hereby acknowledge that your purchase of the Service hereunder are not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of: (i) a certain Service beyond its current Subscription Term; or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.
You acknowledge and agree that the Service may allow for communication with websites, services, and applications operated or provided by third parties (“Third Party Services”).
The Service Provider is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. The Service Provider does not make any representations or warranties with respect to Third Party Services. Any exchange of data information or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions. You make use of the Third Party Service at your own risk.
The Service Provider will provide technical or other support for the Service described in more detail in the Subscription Term. If you have questions or concerns, please contact us at support@primetric.com.
2. TRIAL PERIOD
The Service may offer a free trial period (“Trial Period”). Information on the length of the Trial Period is given in the Order Form.
Note that we may offer, from time to time, certain Services in an Beta versions (the “Beta”) and we use best endeavors to identify such Beta as such. Beta are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
After the Trial Period has expired, in order for the Service to work correctly, you are obliged to complete company details indicated when registering the company in the Service and pay the subscription fee.
3. ACCOUNT REGISTRATION AND ADMINISTRATION
To register to the Service for the first time, you shall create an account with the Service. By creating an account (“Account”) and registering to the Service you become primetric.com customer (the “Customer”). The first user of the Account is automatically assigned as the Account administrator (the “Admin”).
The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data and (iv) integrate or disable integration with Third Party Services. You also acknowledge that your Account can become managed by a representative of the Customer, that owns or controls the email address domain with which your Account was created or registered.
There are several types of Account users, all of whom are defined within the Service and referred to herein as “Authorized Users”, and collectively with the Admin, the “Users”. The features and functionalities available to the Users are determined by the respective subscription plan governing such Account, and the privileges of each such Authorized User are assigned and determined by the Account Admin(s).
Customer is responsible for the activities of all of its Users, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action
taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.
4.PRICING AND PAYMENT
Our order form may be completed and placed in various ways, among which, an online form or in-product screens or any other mutually agreed upon offline form delivered by Customer or any of the other Users to primetric.com, including via mail, email or any other electronic or physical delivery mechanism (the “Order Form”). Such Order Form will list, at the least, the Service ordered, subscription plan, term and the associated fees. The Order Form agreed by the Service Provider and the Customer constitutes an integral part of the Agreement.
The Service is provided on a subscription basis for the term specified in your Order Form, in accordance with the respective subscription plan purchased under such Order Form (the “Subscription Term” and the “Subscription Plan”, respectively, and collectively the “Subscription”).
In consideration for the provision of the Service (except for Trial Period), Customer shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable Order Form (the “Subscription Fees”). The Subscription Fee is given in net value (i.e. does not include VAT). Unless indicated otherwise, The Subscription Fee is expressed in: EUR, USD, PLN. Subscription Fees can be paid via bank transfer, credit or debit card or an online payment system.
Customer can authorize us, either directly or through our payment processing service, to charge such Subscription Fees via Customer’s selected payment method, upon due date. Unless expressly set forth herein or in the Order Form, the Subscription Fees are non-cancelable and non-refundable.
Payment should be made within 14 days based on the Invoice issued not later than 7 days from the start of using the Service. Invoices shall be sent to the Customer via e-mail provided during registering the Account. The invoice amount is calculated based on the Subscription Fees. When calculating the Subscription Fees, special offers organized by the Service Provider and discounts awarded individually by the Service Provider are also taken into account.
If Customer will increase the number of users or/and managed resources during the Agreement period Subscription Fee will increase accordingly to added number of users or/and managed resources and the number of days remaining until the next settlement. In the case of contract concluded for a period longer than one month, detailed information on billing can be found in the Order Form.
We reserve the right to change the Subscription Fees at any time, upon prior written notice sent to Customer via the Service or via email, at least 30 days before planned date of entry into force of such change. In such a case, the Customer have a right to terminate the Agreement within the notice period, referred to in the preceding sentence.
In the event of failure to collect the Fees owed by Customer, in the term specified in the written notice not less than 7 days, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account.
If the period specified in the Order Form expires, it will be prolonged without an expiration date under the same conditions. The Customer may terminate the Agreement with a 30-day notice period.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
5. PUBLIC CONTENT
The Service may have certain features that allow you to submit comments, information, and other materials publicly (collectively, “Public Content”) and share such Public Content with other Users, or the public. By submitting Public Content through the Sites, you grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Public Content in connection with providing the Service to you and other users in accordance with your settings on the Service. This license also includes the right to modify or adapt your Public Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Public Content to conform and adapt that Public Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Third Party Services with whom we work to provide the Service.
All Public Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole property of the person who originated such Public Content. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Public Content or communications posted via the Service or endorses any opinions expressed via the Service.
The Service Provider is not obligated to backup any Public Content, and your Public Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Public Content if you desire.
If you use or rely on any Public Content or materials posted via the Service it is at your own risk. Under no circumstances will the Service be liable in any way for any Public Content, or any loss or damage of any kind incurred as a result of the use of any Public Content in the Service.
You are solely responsible for your Public Content. You assume all risks associated with use of your Public Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your user Public Content that personally identifies you or any third party.
6. PRIVACY
The Service Provider cares about your privacy. The Service Provider collect, use and share personally identifiable information and non-personally identifiable information necessary to use of the Service. We use your personal data and data information to provide and improve the Service and to inform you about the Services. The Service Provider takes special care to protect your interests and in particular ensures that the data collected are: (i) processed in accordance with the law, (ii) collected for specified, legitimate purposes and not subject to further processing not in accordance with those purposes, (iii) factually correct and adequate in relation to the purposes for which they are processed and stored in a form enabling identification of the persons to whom they relate, no longer than necessary to achieve the purpose of processing.
The Administrator of personal data collected via the Service is Primetric sp. z.o.o. (limited liability company) having its registered office in Wroclaw at Klecińska 125 Street, 54-413 Wroclaw, Poland entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000640027, NIP (tax identification number) : 8992799334, REGON (National Official Register of Business Entities): 365540848, share capital: 75 150,00 PLN, phone. +48 71 773 30 10, e-mail address: info@primetric.com. ("the Administrator").
The Administrator collects your personal data provided in various ways on the Service including registration process, using the Service, post Customer Data, interact with other users of the Service, integration and networking with other users of the Service, including name, surname, name of company, e-mail addresses of those who communicate with us via e-mail, name, surname, e-mail addresses of those who sign up to the Service, name, surname, name of company, e-mail addresses of those who are signed up for the Service by Account owner with information of the education, training, technical and operational knowledge, experience and qualifications relevant to the duties, employment costs, name, surname, e-mail addresses of those who are invited to the Service, e-mail addresses of those who sign up to the Newsletter or any subscription feed, mailing address, mobile phone number, and credit card or other billing information.
The Administrator is processing personal data in order to provide and develop the Service, and sell products, direct marketing regarding own products and services, detecting, prevental technical issues, notifying you about changes to the Service, providing support to the Service, constituting the so-called legitimate interest of the Service. Personal data for these purposes will be processed on the basis of art. 6 clauses 1 lit. b), c) and f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC ( GDPR).
After expressing separate consent, pursuant to art. 6 clauses 1 lit. a) GDPR, data may also be processed for the purpose of sending commercial information by electronic means or making phone calls for direct marketing - respectively in connection with art. 10 paragraph 2 of the Act of July 18, 2002 on the provision of electronic services or art. 172 sections 1 of the Act of July 16, 2004 - Telecommunications Law, including those managed as a result of profiling, provided that you have given appropriate consent.
The submission of personal data is voluntary, although the refusal to submit it is equivalent to inability of using the Service.
The Administrator may process your personal data for the period necessary to perform the Service, after which the data will be stored for the period appropriate for limitation of claims, i.e. 6 years. Personal data processed for marketing purposes covered by the statement of consent will be processed until the consent is withdrawn.
Personal data may be made available to entities supporting or intermediating in the provision of services, implementation of concluded contracts, as well as cooperating in the developmentof the Service and public bodies in relation to obligations resulting from the provisions of the generally applicable law.
The Administrator ensures compliance with all rights resulting from the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general data protection regulation), i.e. the right to access, rectify and delete personal data, the right to limit their processing, the right to transfer them, not to be subject to automated decision-making, and the right to object to the processing of personal data.
In connection with the processing of your personal data by the Administrator, you are entitled to submit a complaint to the supervisory body, which is the President of the Personal Data Protection Office (address: Personal Data Protection Office, 2 Stawki Street, 00-193 Warsaw).
Personal Data may be transferred to countries outside the European Economic Area ("EEA") based on the one of the following appropriate guarantees:
- transfer is to countries that, according to the European Commission, provide an adequate level of protection for personal data (so-called “adequacy decision”);
- standard contractual clauses, approved by the European Commission, have beenconcluded that ensure the same protection for personal data as granted in the EEA; or
- other appropriate cross-border data transfer arrangements required or permitted under Articles 46 and 49 of the GDPR have been applied.
Personal data may be processed in an automated manner, but are not subject to profiling.
Rules and regulations regarding processing of personal data entrusted to the Service Provider by the Customer shall be specified in separate data processing agreement.
7. LICENSE TO USING THE SERVICE
Subject to these Terms, The Service gives you a personal, worldwide, royalty-free, non-assignable, non-sub licensable and non-exclusive license to use the Service. In order to enable the use of the Service by User, the Service grants him the right to: (i) use the Service for his own use and in accordance with the scope of his activity, (ii) present, display and replay them publicly in a way the Service that will enable any person to access them in a chosen place and time, (iii) display and distribute any content of the Service in accordance with the scope of his activity. We reserve all rights in the Service (including all intellectual property rights) not expressly granted in these Terms. We can terminate this license at any time in the event of a breach of the Terms of Service. If this license is terminated due to a breach of the Terms of Service, the Customer is not entitled to a refund for the remaining subscription period. If this license is terminated for other reasons, the Service Provider will notify the Consumer 30 days in advance and will be obliged to refund funds for the remaining subscription period counted from the end of the license, including the license notice period.
8. YOUR CONDUCT
You agree that you are responsible for your use of the Service, for any content you provide, and for any consequences thereof, including the use of your content by other users and third parties. You understand that if you do not have the right to submit content to the Service, doing so may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit, including all necessary rights to upload your content for use in accordance with these Terms.
You agree not to post content that: (i) you do not have consent of your employees and coworkers to the processing and entrusting of personal data to the processing or other legal basis to do so (ii) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (iii) may create a risk of any other loss or damage to any person or property; (iv) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (v) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You agree that any content that you post does not and will not violate rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any content that violates these provisions.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any content on the Service including your content, which violates the law or could interfere with the proper functioning of the Service. We also reserve the right to access, read, preserve, and disclose any information that are necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of the Service.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Service. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review content for compliance with our community guidelines, but you acknowledge that the Service has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, or any other information you may be able to access using the Service.
9. DATA RECOVERY
The Service Provider will maintain and backup the Service data on third party servers. The frequency of backup will be determined in its sole discretion by the Service and can be changed at any time. The Service Provider is not responsible for any loss of data and will endeavor in its best efforts to recover the data to the most recent point of time from when the data loss occurred.
10. CONFIDENTIAL INFORMATION
In connection with these Terms and the Service (including the evaluation thereof), each party (“Disclosing Party”) may disclose non-public business, product, technology, financial, employment, organizational and marketing information, including without limitation, customers lists and information, know-how, software, information regarding employees, collaborators and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after the Effective Date (the “Confidential Information”) to the other party (“Receiving Party”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Site, Service, Trial Service and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Service, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation of this Agreement; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of this Agreement; (c) is received from a third party without breach of any obligation of this Agreement or the agreement concluded between such third party and the disclosing party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.
The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are informed by the Receiving Party of confidential nature of Confidential Information and are bound by confidentiality obligation at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, not mentioned in (i) above, without a prior written consent of the Disclosing Party under pain on nullity.
Notwithstanding the above, Confidential Information may be disclosed pursuant to the valid order or requirement of a competent court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.
In case of any violation of the obligation to keep the Confidential Information confidential, the Receiving Party shall pay to the Disclosing Party a contractual penalty of 20.000 PLN (in words: twenty thousand zloty) for each violation, that shall be payable within 30 days as of receipt of a written demand for payment. The Disclosing Party will be entitled to seek compensation exceeding the amount of the contractual penalty, up to the full amount of incurred loss.
Confidentiality obligations of the Parties set forth in this section 10, shall be binding during the Agreement term and for a period of 5 years after its termination or expiration.
11. THE SERVICE PROPERTY, COPYRIGHTS, AND FEEDBACK
The intellectual property rights pertains to the Software and trademarks. The Service Provider keeps the entire author's property and moral rights as well as intellectual property rights to the Service, and made available to you in accordance with the provisions herein. The Software is protected by the laws of the European Union and provisions of international conventions. You are responsible for observance of the provisions herein in the scope of the use of the Software, without limitations, up to the value of damage incurred by Service Provider.
Service Provider shall bear no responsibility for damage of any kind, resulting from the use of the Service contrary to this Agreement. Any rights related to the Service, which were not granted expressly to you, pursuant to the provisions of these Terms, shall be reserved for the Service.
Nothing in the Terms gives you a right to use the Service Provider name or any of the Service Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and you acknowledge and irrevocably agree that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
12. ACCEPTABLE USE OF THE SERVICE
Using the Service, you declare that you meet the requirements of the GDPR and undertake to comply with them. You must not, and must not attempt to do the following things: use the Service for any unlawful purposes or for promotion of illegal activities; post any content and information with a broader scope than required by the Service, post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post as a Public Content other people’s private or personally identifiable information, such as name and surname other people, credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; send spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, the Services computer systems, or the technical delivery systems of the Service’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. You agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you violate any of the above rules.
13. DMCA NOTICE
The Service Provider respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to privacy@primetric.com and undergo our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
14. THIRD-PARTY LINKS
The Service may allow for communication of the user with websites, advertisers, services, special offers, or other events or activities and Internet services of third parties ("Links"). The Links are beyond control of the Service Provider and the Service Provider shall bear no responsibility for the contents of any Links, including but not limited to links included in them and alterations or updates introduced thereto. The Service makes the functionality of the Links available only for the purpose of communication facilitating, and placing of any Link shall not be construed as support of the Service for this Link or proof of any connections of the Service Provider with its operators.
You expressly relieve the Service Provider from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such third parties. Many of these third party services expressly disclaim all warranties, support or other liabilities or obligations to you in respect of their software or service. You should read the applicable Terms of Service and Privacy Policy of any third party Link or service before using it.
15. INDEMNITY
To the fullest extent allowed by applicable law, you agree to indemnify and hold the Service Provider, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service contrary to this Agreement (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account, without undue delay not later than within 7 days after its receiving, provided that failure to deliver such notice in this term shall not eliminate or reduce your indemnification obligations and liability hereunder).
16. SECURITY
The Service uses SSL-encrypted connections by default. The Service uses a secure server and all supplied sensitive/financial data is transmitted via Transport Layer Security (SSL/TLS) technology and then encrypted into our Payment gateway providers' database only to be accessible by those authorized with special access rights to such systems. By law they are required to keep the information confidential.
17. ENTIRE AGREEMENT
Any failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired. The invalid or unenforceable provision shall be replaced with a provision of the Terms, which is the most close to reaching the purpose assumed by the parties.
Your relationship to the Service is that of an independent contractor, and neither party is an agent or partner of the other.
These Terms, and any rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the Service Provider or the Customer to third party without the prior written consent of the other party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
18. NO WARRANTY
Though we want to provide a great service, there are certain things about the Service we can’t promise. The Service and software are provided “as is”, and to the fullest extent permitted by law. The Service and software excludes granting of guarantees, both express and implied, including granting of any warranties for physical and legal defects of the software in an unlimited manner.
Without prejudice to the provisions hereinabove, The Service Provider make an express reservation that it does not guarantee compatibility of the Service and software with your expectations or that its use will be made in an uninterrupted or error-free manner. Responsibility for selection of the Service and software in a manner fulfilling their expectations and for results of its use shall be borne by you.
Under no circumstances shall the Service be held responsible for any damage or lost profits, indirect accidental, consequential, extraordinary, exemplary or penal, resulting from the improper use of the Service by the Customer or malfunctioning of the Service without any fault of the Service Provider, with regards to you or any third person connected with them, even if such company or partnership was not informed of the possibility of occurrence of such damage.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, and unless otherwise stipulated in the Agreement or in separate agreements concluded by the Parties, in no event will the Service Provider, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages, which results from acts and omissions without any fault of the Service Provider regardless of legal theory, whether or not the Service has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims (except contractual penalties) relating to the Service more than the greater of $500 or the amounts paid by you to the Service for the past three months of the service in question.
The Service is controlled and operated from its facilities in Poland. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Polish and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Poland, or are a foreign person or entity blocked or denied by Polish government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Poland.
20. NOTICE
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.
Any notice provided to the Service Provider hereunder shall be in writing to the notice address set forth above and shall be deemed given: (i) upon receipt, if by personal delivery, (ii) upon receipt, if sent by certified or registered Mail (return receipt requested), or (iii) one (1) day after it is sent, if by next day delivery by a major commercial delivery service. Notices sent via email are deemed received at the time that the notices are sent.
The Service Provider reserves the right to disseminate marketing information pertaining to this Agreement in the scope of communicating information about execution of the provisions of this Agreement to the public, however only upon prior consent of the Customer, in writing under pain of nullity.
21. MISCELLANEOUS
All sections of these Terms which by their nature should survive termination of any agreement between you and the Service Provider, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
This Terms are subject to and shall be construed in accordance with the provisions of the law of the Polish Law. Any claims or disputes resulting from these terms shall be examined by the courts competent for the registered office of the Service Provider. Within the maximum, legally admissible scope you agree for jurisdiction and competence of these courts and abandon any objections to be made with regards to jurisdiction and competence of those courts.
No supplement, modification, or amendment of these Terms shall be binding unless executed in writing by a duly authorized representative of each party.
22. CONTACT US
If you have any questions about these Terms, please contact us.
