These Terms of use ("Terms") are a legally binding agreement between you and Office Data Apps sp. z o.o. that governs your use of our website, applications, and services.
Definitions
Through the website https://www.ablebits.com/, we provide you with access to a variety of resources, including our products information, software download area, documentation, purchasing area, and tutorial blog (collectively "the Website"). The Website, including any updates, enhancements, new features, and/or the addition of any new web resources, is subject to these Terms.
The Website is offered by Office Data Apps sp. z o.o., a limited partnership established under the laws of the Republic of Poland ("we", "our", or "us").
When we say "you", "user", or "users", we mean all visitors, customers, consumers, and others who access or use the Website.
Acceptance of Terms
The Website is offered and provided subject to your acceptance of the terms and conditions contained herein and all other policies and procedures that may be published by us and incorporated herein by reference. By accessing, registering for, and/or using the Website in any manner, you agree to our Terms herein. If you do not agree to our Terms, do not use the Website.
All content included in or made available through the Website, such as text, graphics, logos, icons, images, software, and documents, is the exclusive property of ours or our content suppliers. It is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the Republic of Poland and internationally (collectively, "Content"). All rights not expressly granted to you in these Terms are reserved and retained by us or our suppliers, rightsholders, or other content providers.
Nevertheless, our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for Content that you post on the Website, including its legality, reliability, and appropriateness.
By posting Content on the Website, you grant us the right and worldwide, non-exclusive, royalty-free, transferable license (with right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain all your rights to any Content you submit, post, or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.
You represent and warrant that: (a) Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Documents
Permission to use "Documents" (such as documentation, tutorials, cheat sheets, examples, and FAQ) from our Website is granted provided that (a) the copyright notice appears in all copies and (b) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce our Documents for distribution in the classroom.
Documents specified above do not include the design or layout of our websites or any other owned, operated, licensed, or controlled by us. Elements of our websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from any our websites may be copied or retransmitted unless expressly permitted by us.
We or our suppliers make no representations about the suitability of the information contained in our Documents and related graphics published as part of the Website for any purpose. All such Documents and related graphics are provided "AS IS" without warranty of any kind. We or our suppliers hereby disclaim all warranties and conditions regarding this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall we or our suppliers be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the Website.
Application
Any software application that is made available to download from the Website ("the Application") is the copyrighted work of us or our suppliers. Use of the Application is governed by the terms of the End-User License Agreement which accompanies or is included with the Application ("the EULA"). An end user will be unable to install any Application that is accompanied by or includes the EULA unless they first agree to the EULA terms.
The Application is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Application not in accordance with the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Application is warranted only according to the terms of the EULA. Except as warranted in the EULA, we hereby disclaim all warranties and conditions regarding the Application, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement.
Any services that are available from the Website ("Services") is the copyrighted work of us. Use of Services is governed by the Terms of Use agreement which accompanies Services ("TOU"). An end user will be unable to get access to any Services that is accompanied by the TOU unless they first agree to the TOU terms.
Services are made available for use solely for use by end users according to the TOU. Any use of Services not in accordance with the TOU is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Services are warranted only according to the TOU. Except as warranted in the TOU, we hereby disclaim all warranties and conditions regarding Services, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the registration form. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.
Purchases
If you wish to purchase any Application or Services made available through the Website ("Purchase"), our payment provider will ask you to supply payment information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your email address, and your delivery information.
You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and (b) the information you supply to us is true, correct, and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons, including, but not limited to, the availability of the Application or Services, errors in the description or price of the Application or Services, an error in your order, or other reasons. You expressly agree that we cannot accept any liability for loss or damage arising out of such cancellation.
Subscriptions
Some Applications or Services are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription may automatically renew under exactly the same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your account management page or by contacting our Customer Support Service.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide accurate and complete payment information. By submitting such payment information, you automatically authorize our payment provider to charge all Subscription fees.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Price changes
We, in our sole discretion and at any time, may modify the fees for the Application or Services.
Any fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Application or Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified fee amount.
Refunds
Certain refund requests for your orders may be considered by us on a case-by-case basis and granted in sole discretion of us.
Term and termination
Subject to this section, Terms will remain in full force and effect while you access or use Website. In case of violation of these Terms, we may terminate your access at any time, with or without notice, with immediate effect and without liability, which may result in the termination of your access to Website and removal of your Content.
You agree that we will not be liable to you or any third party for any action taken.
Availability, errors, and inaccuracies
We are constantly updating our offerings of the Application, Services, and Website. The Application or Services available on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. This section is without prejudice to existing statutory rights.
Complaints under the copyrights, designs, and patents law
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of "Copyright Infringement" of support@ablebits.com and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to remove such materials from our Website.
If you wish to make a complaint/request that certain material be removed, please send a request in writing to our Customer Support Service.
To help us deal with your complaint as quickly as possible, please mark your correspondence as "URGENT" and include the following information: (a) your contact details (your name, email address, and telephone number), (b) sufficient detail about the material complained of, including its status, (c) the reasons for your complaint.
We will review each complaint and remove this material from our Website.
Limitation of liability
In no event shall we, nor our employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use our Website, (b) any conduct or Content of any third party on the Website, (c) any Content obtained from the Website, and (d) unauthorized access, use, or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnity and waiver
Indemnification
You agree to indemnify and hold harmless us, our employees, and our contractors from and against all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including, without limitation, reasonable attorneys' fees, in connection with or because of your violation of these Terms or any law or regulation.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available remedies. You agree not to resolve any matter without our prior written consent. We will use reasonable efforts to notify you of any such request, action, or proceeding as soon as we become aware of it.
Waiver
You hereby forever discharge and release us, our employees, and our contractors from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (a) Website, (b) any inaccurate, incomplete, unreliable, illegal, or infringing Content posted on Website, whether caused by us or any user of Website, or by any of the equipment or software associated with or utilized in Website, (c) any injury, loss, or damage caused by another user or Content posted on Website, whether online or offline, (d) the conduct of any user, whether online or offline, (e) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor".
Third-party sites
Our Website may provide links to various other independent third-party websites, products, and/or services ("Linked Sites") that may be of interest to you and are for your convenience only.
We do not control and/or endorse such Linked Sites and are neither responsible for their content nor responsible for the accuracy and/or reliability of any information, data, opinions, advice, and/or statements contained within such Linked Sites.
You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policy of each Linked Site that you visit.
We reserve the right to terminate any link at any time in our sole and absolute discretion.
We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.
Miscellaneous
Entire agreement
Unless otherwise agreed to by us and you in writing, our Terms (including, without limitation, the terms and conditions set forth herein and our operating rules, policies, and/or procedures, as described above) constitutes the entire agreement between us and you concerning the subject matter hereof.
Governing law
These Terms should be interpreted and construed in accordance with the laws of the Republic of Poland without regard for any conflict of laws. All disputes arising out of these Terms should be brought in front of the competent courts of the Republic of Poland.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Assignment
You may not assign your rights under Terms to any other party without our express prior consent. We may assign our rights under Terms without condition. Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Force majeure
Except for payment obligations, neither we nor you will be liable by reason of any failure or delay in the performance of obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.
Changes of Terms
We may make changes to these Terms and/or our other policies, operating rules, and/or procedures at any time, in our sole and absolute discretion. It is our policy to post any changes we make to our Terms on this page. The date these Terms were last revised is identified at the top of the page.
If we make material changes to these Terms, we may also notify you by email. You are responsible for ensuring we have your up-to-date active and deliverable email address and for periodically visiting our Website and reviewing these Terms to check for any changes.
If you do not agree with the changes and/or modifications, you shall not use our Website after the effective date of the changes. The then-current version of Terms will supersede all earlier versions. You agree that your continued use of our Website after such changes have been published will constitute your acceptance of such revised Terms, policies, operating rules, and/or procedures (as applicable).
Any changes to our policies, operating rules, and/or procedures shall be incorporated by reference herein.
Contact
If you have any questions about these Terms, please contact us at company@ablebits.com or the following physical address:
Office Data Apps sp. z o.o.
Warszawska str, 109, office 5,
Lomianki, 05-092, Poland
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