End-User License Agreement (EULA)

No warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither we nor any our reseller make any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Application, or the information, content, and materials, or products included thereon; (b) that the Application will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Application.

If applicable law requires any warranties with respect to the Application, all such warranties are limited in duration to sixty (60) days from the date of installation. No oral or written information or advice given by us and/or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

Notwithstanding any damages that you might incur, the entire maximum liability of us and any of our resellers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall we or our resellers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if we or any reseller has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Because some US states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such US states, our liability is limited to the maximum extent permitted by law.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Indemnification

You agree to indemnify and hold harmless us, our employees, and our contractors from 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 this Agreement 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 the Application or 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".

Governing law

This Agreement should be interpreted and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without regard for any conflict of rules laws. All disputes arising out of this Agreement should be brought in front of the competent courts of the Republic of Poland.

Severability

If any provision of this Agreement 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.

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 Agreement

We may make changes to this Agreement 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 Agreement on our website. The date of the latest revision is identified at the beginning of this Agreement.

If we make material changes to this Agreement, we may also notify you by email through the email address specified in your order.

You are responsible for ensuring we have your up-to-date active and deliverable email address and for periodically visiting our website and reviewing this Agreement to check for any changes.

If you do not agree with the changes and/or modifications, you shall not use the Application after the effective date of the changes. The then-current version of Agreement will supersede all earlier versions. You agree that your continued use of the Application after such changes have been published will constitute your acceptance of such revised Agreement, 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 this Agreement, please contact us at company@ablebits.com or the following physical address:

Office Data Apps sp. z o.o.
ul. Brukowa, 3,
Lomianki, 05-092, Poland