Terms and Conditions

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.

Throughout this website, the terms “we”, “us” and “our” refer to FPWD sp. z o.o. FPWD sp. z o.o. offers 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 us, 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 or our applications (hereinafter referred to as “Apps” or “Products”). By accessing or using any part of this website or by downloading any of our 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 and Products which are added to this website or to our Apps shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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 this website or our Apps following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – PRODUCTS

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.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Services or Products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

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

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse performing Services to anyone for any reason at any time, unless otherwise contradicted by applicable law.

By accepting these Terms 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Some of our Products, including Apps, are still in development. However, you can now reserve the right to purchase this Product, including App, by declaring the amount for which you would like to purchase it in the future. The minimum amount you can declare is $ 1. Declaring the purchase amount requires us to verify your credit card. The credit card will be verified in order to check its validity, as well as to see the results of the CVC and zip code checks, without charging the card with any amount. If your credit card verification process is successful, your credit card details will be saved in our system for future transaction. You have the right to withdraw from the future transaction at any time, which will cause your personal data (including your credit card details) to be removed from our system. In this case, no amount will be charged to your credit card. Any future transactions will be made according to your credit card issuer’s terms and conditions.

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 contents of this 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 information made available on this 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 without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

SECTION 4 – SERVICES AND PRICES

The prices of our Services, Products or Apps, may change at any time without notice.

We also 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 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services, Products or Apps, unless otherwise contradicted by law.

SECTION 5 – PRODUCTS OR SERVICES

Certain Products or Services may be available exclusively online through this website.

We reserve the right, but are not obligated, to limit the sales of our Products, Apps or Services 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 Products, Apps or Services that we offer. All descriptions of Products, Apps or Services, as well as product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any Products, Apps or Services made on this website is void where prohibited.

We do not warrant that the quality of any Products, Apps, Services, information, or other material purchased or obtained by you will meet your expectations. We also do not warrant that any errors in the Products, Apps, Services or information will be corrected by us, unless required by applicable law.

SECTION 6 – ACCURACY OF CONTACT, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse any order or 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 your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. The invoice documenting the purchase of our Products, Apps or Services will be made available to you via dashboard, and will also be sent to the e-mail address provided by you.

SECTION 7 – 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 8 – THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this website 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 9 – 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: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) 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, personality 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 the Service or any related 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 10 – 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.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Services 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 in the Service or on any related 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 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website, its content, our Services, Apps or Products: (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 Service, Apps or Products 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 Service, Apps or Products or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

You expressly agree that your use of, or inability to use, the Services, Apps and/or Products is at your sole risk. The Services, Apps and Products delivered to you through the Service 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.

You agree that from time to time we may remove the Services, Apps or Products for definite or indefinite periods of time.

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 the Service or any Apps and/or Products procured using the Service, or for any other claim related in any way to your use of the Service or any Apps and/or Products, 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 the Service, 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 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless FPWD sp. z o.o. 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 the documents they incorporate by reference, or your violation of any applicable law or the rights of any third-party.

SECTION 15 – SEVERABILITY

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 16 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, Apps and/or Products or when you cease using our website.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.

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 this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service (including Privacy Policy and License Agreement) constitutes the entire agreement and understanding between you and us and govern your use of the Service, Apps and/or Products 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 the drafting party.

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.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services 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.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions and complaints about Products, Apps and Services can be submitted by email: [email protected]

Terms and conditions for Stripe services you can view here:

https://stripe.com/en-pl/legal

SECTION 21 – TERMS OF SPECIAL OFFER

We reserve the right to organize promotional campaigns and grant discounts and/or special offers on the Apps, Products and Services we offer. We also reserve the right to cancel any promotional campaigns at any time without notice.

Starting from May 20, 2020, we hereby grant to everyone who purchases the paid version of the ShareTheBoard app the discount in the amount specified on our website for the purchase of the next (updated) version of the app. The promotion is valid within 12 months of purchasing the app. We reserve the right that if a new (updated) version of the app does not appear, it will not cause any legal liability on our part, in particular we will not be obliged to refund the purchase price of the original version of the application.