Please read these Terms of Use carefully before using our website. These Terms of Use (the "Terms of Use" or "Terms") are a legally binding agreement between you and Ablebits that governs your use of the Ablebits website.
2. Definitions
Ablebits, we, us, our: Office Data Apps sp. z o.o.;
Website: Our website ablebits.com;
Blog: The blog section on the Website, where articles and related content are posted;
Documentation: Sections of the Website providing detailed user guides, technical information, and instructions for our services and products;
User, you, your: Any individual who visits the Website or individual who submits comments or other content to the Blog or Documentation;
Public User Content: Any information or materials you upload, submit, or otherwise make publicly visible via the Blog or Documentation;
Personal Data: Personal information (as this term is defined under applicable data protection laws) relating to an identified or identifiable individual, including name, email address, and IP address;
Third Parties: Any external individuals, organizations, service providers, or vendors that are not part of Ablebits and are not under our direct control. This may include hosting and webservices providers, analytics providers, or others with whom we interact in connection with the Website.
3. Acceptance of the Terms
By accessing or using the Website, you agree to be bound by these Terms of Use, which form a legally binding agreement between you and Office Data Apps sp. z o.o.
If you do not agree to these Terms, do not access or use the Website.
Your use of the Website is also subject to our Privacy Policy and Cookies Policy, which are incorporated by reference into these Terms (see the "Entire agreement" section for links to these policies). Please read our Privacy Policy and Cookies Policy where we describe how we collect, process, and protect your Personal Data.
Depending on your location, you may have additional rights or obligations under applicable laws and regulations. If you access or use the Website from the United States, the European Union, or other jurisdictions with specific legal requirements, additional rights or disclosures may apply to you as outlined in applicable sections of these Terms or our Privacy Policy.
4. Acceptable use
You agree to use the Website only in accordance with applicable laws and these Terms. You are solely responsible for your conduct while using the Website and for ensuring that your use does not violate the rights of others or our operational standards.
You agree that you will not, and will not permit others to:
access or use the Website for any unlawful, harmful, or fraudulent purpose, or to promote illegal activities;
interfere with, disrupt, or compromise the integrity, performance, or security of the Website or any third-party data contained therein;
use the Website in any way that could disable, overburden, or impair its functionality or availability for others;
circumvent, disable, or otherwise interfere with security-related features or technical restrictions of the Website;
use automation tools, bots, or scripts to interact with the Website in ways that exceed intended functionality or permitted usage limits;
attempt to gain unauthorized access to any portion of the Website or any connected systems or networks;
reverse engineer, decompile, disassemble, or attempt to derive source code or structure from the Website except to the extent permitted by applicable law;
copy, modify, create derivative works of, resell, distribute, or commercially exploit any part of the Website without our express written permission;
upload or distribute content that contains malware, viruses, ransomware, or other harmful components;
transmit content that violates intellectual property rights, privacy rights, or any laws or regulations;
engage in harassment, abusive behavior, hate speech, or any conduct that threatens or harms individuals or groups;
use the Website to transmit spam, chain letters, pyramid schemes, or unsolicited or unauthorized advertisements;
upload any sensitive data (such as protected health information, personal data of children, or biometric identifiers);
attempt to probe, scan, or test the vulnerability of any system or network connected to the Website;
misrepresent your affiliation with any person or organization or impersonate another person or entity.
Violation of these Acceptable Use terms may result in the suspension or termination of your access to the Website and legal action where applicable.
These Terms will remain in full force and effect while you access or use the Website. In the case of violation of these Terms, we reserve the right to terminate your access at any time, with or without cause, with or without notice, with immediate effect and without liability, which may result in removal of your Public User Content.
7. Content
All content included on or made available through the Website, including, but not limited to, text, graphics, logos, icons, images, software, is the exclusive property of Ablebits. The Website content is protected by applicable copyright, trademark, trade dress, patent, and other intellectual property and unfair competition laws in the Republic of Poland and internationally.
All rights not expressly granted to you in these Terms are reserved and retained by Ablebits or its respective rightsholders.
8. Public user content
The Website may allow you to submit or otherwise make available Public User Content. You are solely responsible for any Public User Content you submit, including its legality, reliability, and appropriateness.
By submitting Public User Content to the Website, you grant Ablebits a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, modify, perform, display, and distribute such content through the Website and associated platforms. This license is granted solely for the purpose of operating, promoting, and improving the Website and related services.
You retain all ownership rights in any Public User Content you submit. However, you agree that other Users of the Website may access and use your Public User Content subject to these Terms.
By posting or submitting any Public User Content to the Website, you represent and warrant that your Public User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity.
Ablebits reserves the right, but is not obligated, to monitor, review, remove, or disable access to any Public User Content at its sole discretion, particularly where such content violates these Terms or applicable law.
8.1. Prohibited content
You agree not to upload, submit, or otherwise make available via the Website any content that:
is illegal or in violation of any applicable international, federal, state, or local law, regulation, or code of conduct;
abuses, defames, harasses, threatens, or incites violence or physical harm against any individual or group;
is pornographic, discriminatory, or otherwise victimizes or intimidates individuals or groups based on age, gender, religion, race, sexual orientation, ethnicity, national origin, or disability;
constitutes spam, pyramid schemes, chain letters, lotteries, gambling, unsolicited or unauthorized advertising, or unsolicited email;
contains or distributes viruses, malware, worms, Trojan horses, or other malicious or harmful code;
infringes on the intellectual property or proprietary rights of any third party, including copyright, patent, trademark, trade secret, right of publicity, or other legal rights;
contains payment card data, including credit or debit card numbers, or other sensitive financial information;
violates the privacy or data protection rights of any person;
misrepresents your identity or affiliation, or impersonates any person or entity;
promotes terrorism, violence, or illegal activities;
includes any other content that, in our sole discretion, is deemed inappropriate, harmful, or inconsistent with the intended use of the Website.
9. Availability
We strive to provide reliable, high-quality access to the Website. However, we do not guarantee that the Website will be available at all times or without interruption. You understand and agree that from time to time the Website may be inaccessible or inoperable for any reason, including, but not limited to:
Scheduled maintenance or updates;
System failures or technical malfunctions;
Network or infrastructure issues;
Force majeure events or causes beyond our reasonable control.
However, we make commercially reasonable efforts to minimize downtime and respond to incidents promptly.
We reserve the right, in our sole discretion, to modify, suspend, or discontinue all or any part of the Website at any time, temporarily or permanently, with or without notice.
10. Copyright
All ownership and copyright in the Website, including, but not limited to, software code, images, layouts, files, documentation, text, graphics, user interfaces, and all other materials and content provided by us, belong to Ablebits or our licensors. The Website and its content are protected by copyright laws and international treaty provisions.
You may not copy, reproduce, distribute, modify, display, publish, or create derivative works from any part of the Website without our prior written consent, except as expressly permitted in these Terms.
11. Copyright complaints
If you believe that any content available through the Website infringes on your copyright or the copyright of someone you represent, you may submit a copyright infringement notice to us using the details provided in the "Contact us" section. Your notice should include:
A description of the copyrighted work that you claim has been infringed;
A description of the location where the allegedly infringing material is located (for example a URL or screenshot);
Your full name, email address, and a statement that you are authorized to act on behalf of the copyright owner;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information in your notice is accurate;
Your electronic or physical signature.
Please note that we reserve the right to share your notice with the party responsible for the allegedly infringing content.
12. Trademarks
The Ablebits name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Ablebits or its affiliates in the Republic of Poland and other jurisdictions. These marks may not be used, copied, imitated, or reproduced, in whole or in part, without the prior written permission of Ablebits.
All other trademarks, product names, company names, or logos referenced on the Website are the property of their respective owners. Reference to any third-party trademarks does not constitute or imply affiliation with, endorsement by, or sponsorship of Ablebits.
Nothing in these Terms or on the Website grants you any right or license to use any trademarks, logos, or brand elements displayed on the Website without the express written consent of Ablebits or the applicable trademark holder.
13. Warranties and limitation of liability
13.1. Disclaimer of warranties
The Website is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or results from use of the Website.
Without limiting the generality of the foregoing, we do not warrant that:
the Website will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Website will be accurate, reliable, or suitable for your needs;
any bugs, errors, or defects will be corrected;
the Website or the servers that make it available are free from viruses, malware, or other harmful components;
any content, links, or files provided by or through the Website will be accurate, complete, or safe.
No oral or written information or advice provided by us or our authorized representatives shall create any warranty not expressly stated in these Terms.
13.2. Limitation of liability
For the purposes of this section, "direct damages" refer to losses that arise naturally and foreseeably from a breach of these Terms, such as the failure of the Website to operate as described. "Indirect damages" refer to consequential losses, including, but not limited to, lost profits, business interruption, loss of goodwill, or loss of data arising from third-party actions or circumstances beyond our control.
To the maximum extent permitted by applicable law, in no event shall we (including our affiliates, officers, directors, employees, agents, contractors, and licensors) be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation:
Loss of profits, revenue, data, or use;
Business interruption or procurement of substitute services;
Personal injury or property damage;
Unauthorized access to, use of, or alteration of your Public User Content;
Whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.
Where applicable law does not allow the exclusion or limitation of certain damages, some or all of the above exclusions may not apply to you.
These limitations form an essential basis of the agreement between you and us.
14. Indemnification
You agree to indemnify, defend, and hold harmless Office Data Apps sp. z o.o. ("Ablebits"), its officers, directors, employees, contractors, affiliates, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
your breach of these Terms or any other applicable agreement with us;
your violation of any applicable law or regulation;
any content, including any claim that such content infringes or misappropriates the intellectual property or privacy rights of a third party;
your misuse or unauthorized use of the Website;
any disputes between you and any third party, including other Users of the Website.
We reserve the right, at our sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with us in asserting any available defenses and in responding to any third-party claims.
You may not settle any indemnified claim without our prior written consent unless such settlement includes a full and unconditional release of us from all liability and does not impose any obligation on us.
15. Waiver
You hereby forever discharge and release us, our officers, directors, employees, contractors, affiliates, and agents 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:
the Website or your use of the Website;
any inaccurate, incomplete, unlawful, infringing, or otherwise harmful content made available through the Website, whether by us, another User, or any third party;
any injury, loss, or damage caused by other Users or Public User Content;
the conduct of any User, whether occurring online or offline;
any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction 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".
16. Linked 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.
17. Miscellaneous
17.1. Applicable law and jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Poland, a member state of the European Union, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Poland.
17.2. Severability
If any provision of these Terms is held to be unlawful, invalid, or unenforceable under applicable law, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent, or if not possible, deemed severed, and the remainder of these Terms shall remain in full force and effect.
17.3. Enforcement
We reserve the right, but are not obligated, to investigate any violation of these Terms or any conduct that may cause harm or legal liability to us, our Users, or Third Parties. We reserve the right to take appropriate action at our sole discretion.
17.4. Force majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including, but not limited to, natural disasters, pandemics, civil unrest, wars, acts of terrorism, labor disputes, embargoes, government orders, utility or internet outages, or failures of third-party service providers.
18. Changes of these Terms
We reserve the right to modify or update these Terms of Use at any time, at our sole discretion. When we make changes to these Terms, we will post the updated version on our Website.
We encourage you to review these Terms periodically to stay informed of any changes.
19. Entire agreement
Unless otherwise agreed to in writing by you and us, these Terms, including our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us regarding your use of the Website, and supersede all prior or contemporaneous understandings, agreements, communications, and proposals.
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