Terms and Conditions

TERMS AND CONDITIONS
v. 3.0 of September 27, 2023

TERMS OF SERVICE – OVERVIEW

This website is operated by FPWD sp. z o.o. with registered office in Kraków (Poland), 10/5 Czysta Street, 31-121 Kraków, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the Regional Court in Kraków XI Business Department of the National Court Register under KRS No. 0000796238, Tax ID: 6762568854, Statistical ID: 383961027, share capital in the amount of PLN 30,000.00, e-mail: [email protected].

Throughout this website, the terms “we”, “us” and “our” refer to FPWD sp. z o.o. We offer this website, including all information, tools and services available from this website (hereinafter referred to as “Services”) to you as a user, conditioned upon your acceptance of all terms and conditions set out herein.

By visiting our website and/or downloading something from our website, you engage in our Services and agree to be bound by the following terms and conditions (hereinafter referred to as “Terms of Service” or “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website, products and/or applications (hereinafter referred to as “Apps” or “Products”). By accessing or using any part of this website or by downloading any of our Products and/or Apps, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access this website or use any of our Services, including Apps.

Any new features, tools, Services Products and Apps which are added to this website shall be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website and/or Services, Products or Apps following the posting of any updates and/or changes to these Terms of Service constitutes acceptance of those updates and/or changes.

Terms and conditions for Paddle services you can view here: https://www.paddle.com/legal/checkout-buyer-terms

SECTION 1 – GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and/or you have given us your consent to allow any of your minor dependents to use this website and Apps.

By accepting these Terms of Service you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, Products or Apps, including use or access to the Services, Products or Apps, without express written permission by us. We also reserve the right to refuse performing any Services to anyone for any reason at any time, unless otherwise contradicted by applicable law.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 2 – ILLEGAL CONTENT AND PROHIBITED USE

You may not use our website, Services, Products or Apps for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

It is prohibited to store, process and transmit via our website and/or Products, including Apps, any illegal content that constitutes a violation of any laws in your jurisdiction, in particular: (a) content inciting hatred, in particular due to race, age, gender, nationality, national or ethnic affiliation, worldview, sexual orientation; (b) content that offends religious feelings; (c) content promoting totalitarian ideologies, in particular national socialism, fascism or communism; (d) content that violates the privacy rights of third parties; (e) content violating the intellectual property rights of third parties, including the right to a trademark or other markings, as well as violating the copyright or related rights of such persons; (f) content promoting, encouraging or facilitating the commission of a crime or misdemeanor, including a fiscal crime or misdemeanor; (g) content that may pose a threat to the proper functioning of our Products, including Apps, as well as our IT system or IT systems of any third parties (hereinafter collectively referred to as: “illegal content”).

If you become aware of any illegal content being stored, processed or transmit via our website and/or Products, including Apps, you should immediately report this fact to us by sending a message to the following e-mail: [email protected] or via the contact form available on our website. We are entitled to refrain from providing access to our website, Services, Products or Apps to any user in the event of receiving information about the storage, processing or transmission of any illegal content via our website and/or Products, including Apps, by such user. In such case we will promptly delete such illegal content and take other necessary steps in order to remediate the issue.

In addition to the above-mentioned prohibitions, you are also prohibited from using this website, our Services, Products or Apps: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, Products or Apps or of any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, Products or Apps or any related website for violating any of the prohibited uses.

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services, Products or Apps, which means, among other things, that you will not be able to continue using our Services, Products or Apps.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

We are not responsible if any portion of the information made available on our website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website is at your own risk.

SECTION 4 – SERVICES, PRODUCTS AND PRICES

Certain Services, Products or Apps may be available exclusively online through our website. We reserve the right, but are not obligated, to limit the sales of our Services, Products or Apps to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services, Products or Apps that we offer. All descriptions of Services, Products and Apps are subject to change at any time without notice, at the sole discretion of us. Any offer for any Services, Products or Apps made on this website is void where prohibited.

The prices of our Services, Products or Apps may change at any time without notice. We reserve the right to modify at any time or discontinue all or selected Services, Products or Apps (or any part or content thereof) without notice. We also reserve the right to organize promotional campaigns and grant at our sole discretion discounts and/or special offers on all or some of our Services, Products and Apps.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services, Products or Apps, unless otherwise contradicted by applicable law. We do not warrant that the quality of any Services, Products, Apps, information, or other material purchased or obtained by you will meet your expectations. We also do not warrant that any errors in the Services, Products, Apps or information will be corrected by us, unless required by applicable law.

SECTION 5 – ACCURACY OF CONTACT, BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order and/or Products/App’s download you place with us before we confirm your order. We may, in our sole discretion, limit or cancel quantities purchased or downloaded per person, per household or per order, except as required by applicable law. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate contact, purchase, credit card and account information for all purchases and downloads made at our website. You agree to promptly update all provided information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed. The invoice documenting the purchase of our Services, Products and Apps will be sent to the e-mail address provided by you.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

SECTION 7 – THIRD-PARTY LINKS

Certain content available on our website may include materials from third-parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms, conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (hereinafter referred to as the ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PROCESSING OF PERSONAL DATA

Your submission of personal data through this website is governed by our Privacy Policy. Click here to view our Privacy Policy.

You are responsible for any personal data and confidential information stored and/or processed via our website, Services, Products or Apps. When processing personal data and/or confidential information, we undertake to use reasonable security measures to ensure safety of such data. Our liability is limited to the scope indicated in the preceding sentence, in particular we will not be responsible for damages, including lost profits, resulting from the storage and/or processing by you via our website, Services, Products or Apps data that: (a) violates the provisions of applicable laws, or (b) infringes the rights of third parties, or (c) constitutes sensitive personal data (i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, as well as genetic data, biometric data or data concerning health, sexuality or sexual orientation).

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in this website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website, Services, Products and Apps will be uninterrupted, timely, secure or error-free. We also do not warrant that the results that may be obtained from the use of our Services, Products and Apps will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Services, Products and Apps is at your sole risk. The Services, Products and Apps delivered to you through our website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates – including but not limited to Marcin Demkowicz, Paweł Kisiel “From Poland with Dev”, our agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services, Products or Apps, or for any other claim related in any way to your use of the Services, Products or Apps, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via our website, Services, Products or Apps, even if advised of their possibility.

Because some states, countries or jurisdictions do not allow the exclusion or the limitation of liability for damages, in such states, countries or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 12 – TERM AND TERMINATION

These Terms of Service are effective until they are modified by us or until you cease using our website. Detailed terms of use of our Services, Products and Apps are specified in separate agreements, in particular in the provisions of the license agreement.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate our agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services, Products and Apps (or any part thereof).

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any applicable law or the rights of any third-party.

SECTION 14 – ENTIRE AGREEMENT; SEVERABILITY

Your use of our website is subject to these Terms of Service and our Privacy Policy available on our website.

These Terms of Service and any other policies posted by us on this website, including Privacy Policy and applicable License Agreement, constitutes the entire agreement and understanding between you and us and govern your use of our Services, Products and Apps, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against us. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms of Service.

SECTION 15 – GOVERNING LAW

These Terms of Service and/or any separate terms and conditions, including Privacy Policy and/or applicable License Agreement, whereby we provide you our website, Services, Products or Apps shall be governed by and construed in accordance with the laws of the Republic of Poland, unless prohibited by the laws of any other competent jurisdiction. The choice of applicable law does not deprive a consumer resident of the EU of the protection granted to him/her under provisions that cannot be excluded by contract under the law of the country in which the consumer has his/her habitual residence.

SECTION 16 – CONTACT INFORMATION

Questions and complaints about our website, Products, Services and Apps can be submitted by email: [email protected] or via the contact form available on our website.