Terms of Service

Effective Date February 16, 2024.

Last Revised February 9, 2024.

These Terms govern your use of Upsoft spółka z ograniczoną odpowiedzialnością (“Upsoft”, “We”, “Us”, “Our”, “Service Provider”.) websites, services, and applications, including these available at https://patchkit.net/ (“Service”, “The Service”, “Services”). These Terms govern the cooperation you engage in with Upsoft and your use of Service. Each time you use or commission any Services these terms apply to you and others who access or use the Services. Read them carefully before using the Service.

By accessing or using the Service you confirm that you have read these terms of the Service, understood its contents and agree to be bound by its stipulations. Services provided by Upsoft are addressed only to professional entities (companies), not to retail consumers. By accessing or using the Service you also agree to the following requirements: (i) you must be an adult, (ii) you are or act on behalf of a company, (iii) you must register in the Service by creating a username and password; accounts registered by “bots” or other automated methods are not allowed, (iv) you agree to provide Us with accurate, complete, and current registration information about yourself (including billing information), (v) you are responsible to ensure that your password remains confidential and secure (vi) one account can be used only by one entity, (vii) you may create separate accounts for as many organizations as you need, each of them however shall be separately billed, (viii) you agree that you are fully responsible for all activities, acts and omissions that occur under your account, (ix) you undertake to promptly notify us in writing or via e-mail if you become aware of any unauthorized access or use of your account and/or any breach of these Terms.

If you do not intend to follow the rules herein, you should abstain from the use of the Service. These Terms constitute a full and complete agreement concluded by and between you and Us and supersede any previous offers, statements and agreements which may have been concluded with Upsoft in connection with the use of the Service.

If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and represent and warrant that you are authorized to enter into agreements on behalf of that Organization and you are authorized to make binding decisions on behalf of the Organization and agree that the Service is entitled to rely on your representations. In that case, “you” and “your” refers to you and that Organization.

1. THE SERVICE

The Service Provider of the Service is Upsoft sp. z o.o. (limited liability company) having its registered office in Wroclaw at Rynek 36/37, 50 - 102 Wroclaw, Poland, entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000777619, NIP (tax identification number): 8971864960, REGON (National Official Register of Business Entities): 382886690u, share capital: 10000,00 PLN.

Services are described and available at https://patchkit.net/ and comprise of customizable game launcher delivery services. Services are paid based on a chosen subscription plan. Pricing and plans are described at https://patchkit.net/pricing.html.

Upsoft provides additional services, which differ in scope and are suited to your needs, such as launcher customization performed by Us, software development services, it consulting services and others. Such services are not part of the scope of the Service and shall only be provided by Us if a separate master service agreement and a purchase order are signed and executed by the parties. In case of a need of such customized services please contact us at contact@patchkit.net. These Terms apply to such services to the extent they can be reconciled with the agreement and purchase order in place. In case of a discrepancy between Terms and a separate agreement and purchase order terms of agreement and purchase order shall take precedence in a following order: (i) Purchase order, then (ii) master service agreement, finally (iii) the Terms.

The Services are provided on an “as is” basis. The Services may continue to change over time as we refine, change and add more features. We reserve the right, at any time, to add, modify or discontinue any feature, functionality or any other tool, within the Service, at Our own discretion.

Access to the Service is via Internet only and is possible with Google Chrome in the newest versions. We do not guarantee accessibility, which may differ depending on the hardware and operating system you use. We encourage you to try our Trial period feature in order to test compatibility of your software and hardware with Our Service.

The Service is accessible to you continuously; it is, however, possible that We will temporarily suspend the access to the Service or parts of the Service e.g. for technical reasons (due to a breakdown, necessity to fix, maintain, modernize or expand the systems supporting the Service). In case of a break which lasts longer than 24 hours, you may extend, free of charge, the subscription for a period, during which the technical break took place, for as many days as the break lasted.

You hereby acknowledge that your purchase of the Service hereunder are not contingent on the delivery by Us of any future release of any functionality or feature, including without limitation, the continuance of the Service; or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.

You acknowledge and agree that our Service may allow for communication with websites, services, and applications operated or provided by third parties (“Third Party Services”).

The Service Provider is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. The Service Provider does not make any representations or warranties with respect to Third Party Services. Any exchange of data information or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions. You make use of the Third Party Service at your own risk.

The Service Provider will provide technical or other support for the Service described in more detail in the Subscription Term. If you have questions or concerns, please contact Us at contact@patchkit.net

2. TRIAL PERIOD

The Services may offer a free monthly trial period (“Trial Period”). Trail Period is designed for you to create an account and test Our Services. Trial Period lasts for a month. You are not required to add any payment information in order to begin and throughout the Trial Period. Functionality of the Services is limited to the basic features and depends solely on Our discretion.

After the expiration of Trial Period, in order to continue using the Service you need to chose a subscription plan and provide for a payment according to the rules set forth in section 4 “Payments”.

3. ACCOUNT REGISTRATION

To register to the Service for the first time, you shall create an account at the Register page. By creating an account (“Account”) registering to the Service and subscribing you become Upsoft’s customer (the “Customer”). The first user of the Account is automatically assigned as the administrator privilege.

The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins/Regular Users, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, (iv) integrate or disable integration with Third Party Services.

There are several types of Account users, all of whom are defined within the Service and referred to herein as “Authorized Users”, and collectively with the Admin, the “Users”. The features and functionalities available to the Users are determined by the respective subscription plan governing such Account, and the privileges of each such Authorized User are assigned and determined by the Account Admin(s).

Customer is responsible for the activities of all of its Users, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer and Customer shall be solely responsible for such actions, including times when they are connected to incurring payments connected to the Customer’s account.

4. PAYMENTS

Services provided by Upsoft are paid. Payment is required to use Our Services (except for the trial period).

Payments are made according to the subscription plan of your choosing. In order to use the Services, it is necessary for you create an account, accept the Terms and to enter valid billing data and connect a debit/credit card and enable making payments through these payment instruments or making payments via a Paypal account. The up-to-date and binding pricing (“Subscription fee”) is always provided at the Pricing page.

Subscription Fees, payment system and methods are subject to change at Our sole discretion. The changes are binding once they are published via our website. If you do not agree with the changes you are allowed to cancel the subscription at any time, with cancellation taking effect the next day after your subscription had been cancelled.

The Subscription Fee is given in a total value (it includes all taxes). Unless indicated otherwise, the Subscription Fee is expressed in USD (american dollar). Our billing cycle begins at the start of each month. You will receive an email notification when a new bill is generated. If you have set up automatic credit/debit card payments, your card will be charged and an invoice will be generated. You shall only be charged for the amount of days you are subscribed to our Services. For example if you create an account at 15th of January 2023 and unsubscribe at 31th of January 2023 you shall only be charged for 17 days of use of the Service, not the full month.

You are allowed to cancel your subscription at any time. The cancellation shall take effect the next day.

Accounts with unpaid invoices need to be settled before the subscription can be cancelled. If you request the cancellation of the subscription and there are unpaid invoices, the subscription will be cancelled after the invoices are settled.

You are allowed to migrate between subscription plans at will (downgrade or upgrade your subscription plan), the changes you make shall take effect the next day after you had made the change. You may not change subscription plans more often than once a day. The changes to subscription plans are connected to the decrease or increase in payments depending on the change. If you change subscription plans your monthly bill shall reflect the combination of subscription plans you have been subscribed to during given month.

By creating an account, subscribing for a payment plan and providing us with the payment credentials you authorize us, either directly or through our payment processing service, to charge such Subscription Fees via selected payment method, upon due date. The Subscription Fees non-refundable. As a general rule subscription plan are based on monthly payments, you are however allowed to switch to annual payments, which shall require you to pay upfront for the entire year. Such payment is nonrefundable. Migration to annual payments is available, once you have created the account, at your account settings

We reserve the right to change the Subscription Fees at any time, upon prior written notice sent to Customer via the Service or via email, at least 30 days before planned date of entry into force of such change. In such a case, the Customer have a right to terminate the Agreement within the notice period, referred to in the preceding sentence.

In the event of failure to collect the Subscription Fees owed by Customer, We may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your account provided we were unable to collect Subscription Fees within a period of 14 days from the first try. We bear no responsibility nor any kind of liability arising from or connected with the cancellation of your Account.. Suspension of the Account shall be reverted once the Fees are collected. Cancellation of the Account is irreversible and is always connected with the loss of data you uploaded on our servers, which your hereby acknowledge and for which you irrevocably give your consent.

5. UPLOADED CONTENT

The Service may have certain features that allow or require you to upload your files to our servers (“Uploaded content”). By uploading any files, data or information you grant Us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Uploaded Content in connection with providing the Service to you and other users. This license also includes the right to modify or adapt your Uploaded Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Uploaded Content to conform and adapt that Uploaded Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Third Party Services with whom we work to provide the Service.

By uploading Uploaded Content you also warrant that you have the rights to perform such an upload and to grant licenses described in this clause. You are solely responsible for accuracy and validity of such warranty and any claims related to violation of any rights of any persons connected to you uploading the Uploaded Content or you granting Us rights and licenses or Us exercising such rights and licenses granted to Us, are your sole responsibility and you are obliged to indemnify Us from all claims and cover all costs, fines, expenses should they arise in connection with such claims.

You are solely responsible for your Uploaded Content. You assume all risks associated with use of your Uploaded Content.

The Service Provider is not obligated to backup any Uploaded Content, and Uploaded Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Uploaded Content.

We are however allowed to backup any data you upload to Our servers if we chose to do so, especially if such a backup is, in our sole discretion, required to ensure proper functioning of the Service. The risk of data loss is however solely on your side and you shall not be entitled to any legal claims connected to any loss of your data, regardless whether we perform a backup or not. If loss of data occurs, and there is a backup of your data available, We will undertake reasonable efforts to help you restore your lost data, we are however not obliged to do so or achieve any specific effect or state of your restored data.

6. PRIVACY

User privacy is at utmost importance to Us. We care about your Privacy. We collect, use and share personally identifiable information and non-personally identifiable information necessary to use of the Service. We use your personal data and data information to provide and improve the Service and to inform you about the Services. The Service Provider takes special care to protect your interests and in particular ensures that the data collected are: (i) processed in accordance with the law (especially GDPR), (ii) collected for specified, legitimate purposes and not subject to further processing not in accordance with those purposes, (iii) factually correct and adequate in relation to the purposes for which they are processed and stored in a form enabling identification of the persons to whom they relate, no longer than necessary to achieve the purpose of processing.

The Administrator of personal data collected via the Service is Upsoft.

You shall find all the necessary information regarding privacy and personal data collection by clicking this https://patchkit.net/privacy.html.

7. LICENSING AND COPYRIGHT

The Service is the sole and exclusive property of Upsoft. All rights in and to the Service (including any launcher applications) are reserved. The intellectual property rights pertains to the Service, any Upsoft software (including launchers) and trademarks. We keep the entire author's property and moral rights as well as intellectual property rights to the Service, and made available to you in accordance with the provisions herein. The Software is protected by the laws of the European Union and provisions of international conventions. You are responsible for observance of the provisions herein in the scope of the use of the Software, without limitations.

Service Provider shall bear no responsibility for damage of any kind, resulting from the use of the Service. Any rights related to the Service, which were not granted expressly to you, pursuant to the provisions of these Terms, shall be reserved for the Service.

Nothing in the Terms gives you a right to use Our name or any of Our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and you acknowledge and irrevocably agree that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We grant Our Customers a personal, revocable, worldwide, non-assignable, non-sub licensable and non-exclusive license to the extent necessary to use the Service. You do not acquire any ownership to the Services, including any launchers or applications.

In some cases, if you enter a separate agreement with Upsoft and conclude corresponding Purchase Orders for customized services, you may be granted ownership to the work product of such agreements, provided that those agreements expressly state so.

We can terminate the license at any time in the event of any a breach of the Terms or in case of non – payment for subscription or failure on Our side to collect any Subscription Fees resulting from invalid billing information or non – sufficient funds on Customer side. Suspending an Account means that any licenses are suspended for the term of the Account suspension. Cancelling an Account means that effective at the moment of Account cancellation all licenses are terminated. Terminating or suspending any license does not grant you the right to claim any refunds.

8. CUSTOMER CONDUCT

You are solely and exclusively responsible for your use of the Service, for any content you provide or upload, and for any consequences thereof, including the use of your content by other users and third parties. You are solely responsible for any actions of your representatives, employes, agents and any third parties accessing the Service using your Account or on your behalf, regardless whether such actions were authorized by you.

You agree and warrant that any data that you upload to our servers does not and will not violate rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any content that violates these provisions.

We reserve the right at all times, but are not obligated, to remove or refuse to distribute any content on the Service including your content, which violates the law or could interfere with the proper functioning of the Service. We also reserve the right to access, read, preserve, and disclose any information that are necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of the Service.

You must not, and must not attempt to do the following things: use the Service for any unlawful purposes or undertake any illegal activities which includes but is not limited to: uploading any data and information with a broader scope than required by the Service, uploading any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonating others or other entities through the Service or otherwise misrepresenting your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; uploading any malicious content intended to damage or disrupt another user’s or our systems or to compromise Our data or privacy; accessing any areas of the Service that are not a part of what we offer you within your subscription; probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; accessing or searching the Service by any means other than Our publicly supported interfaces (for example, “scraping”); forging any TCP/IP packet header or any part of the header information, or in any way using the Service to send altered, deceptive or false source-identifying information; interfering with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service. You agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate (gain access to your uploaded data) and/or suspend your account if you violate any of the above rules.

9. CONFIDENTIAL INFORMATION

We are not obliged to protect or keep confidential any information you provide us with other than your billing information. You are solely responsible for the safety and protection of your confidential information. If you choose to upload to our Service any of your confidential information (other than billing data) you acknowledge and agree that this information is not protected and should be treated as public.

Regarding any billing and financial information, We shall take reasonable (industry standard) measures to prevent the unauthorized disclosure or use of such information, and limit access to such information to such employees, affiliates, service providers and agents whose access to such information is required to ensure proper functioning of the Service and Our Company. We shall protect such information with diligence at a level at least as good as the one we apply to our own confidential information.

Notwithstanding the above, billing and financial information may be disclosed pursuant to the valid order or requirement of a competent court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, we exhaust legal remedies aimed at dismissal of such a disclosure order.

10. INDEMNITY

To the fullest extent allowed by applicable law, you agree to indemnify and hold Upsoft, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service contrary to this Agreement (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, lawsuit, or action, (c) your violation of any intellectual property rights of any third parties and Our violation of any intellectual property rights result from your upload of infringing data to our Services (“Claim”), we will provide notice of the Claim to the contact information we have for your account, without undue delay not later than within 7 days after its receiving, provided that failure to deliver such notice in this term shall not eliminate or reduce your indemnification obligations and liability hereunder).

11. SECURITY

The Service uses SSL-encrypted connections by default. The Service uses a secure server and all supplied sensitive/financial data is transmitted via Transport Layer Security (SSL/TLS) technology and then encrypted into our Payment gateway providers' database only to be accessible by those authorized with special access rights to such systems. By law they are required to keep the information confidential.

12. SLA

We provide Services at a certain service level. Service level agreement, which constitutes a part of these Terms can be found at https://patchkit.net/sla.html.

13. ENTIRE AGREEMENT

Any failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired. The invalid or unenforceable provision shall be replaced with a provision of the Terms, which is the most close to reaching the purpose arising from the context of the Terms and most close to the will of the Parties of the Terms.

If there are any rights, claims, or rights to claim available to Us by law, which are not regulated in these Terms, We may exercise them at Our sole discretion and we do not wave such rights. We may also chose to exercise rights available to Us by law instead of any chosen rights available to Us by these Terms.

Your relationship to Upsoft is that of an independent contractor, and neither party is an agent or partner of the other.

These Terms, and any rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the Customer to third party without the prior written consent of Upsoft and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.

14. NO WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, AND ANY OTHER OFFERINGS MADE AVAILABLE BY US TO YOU UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE OFFERING IS FREE OF DEFECTS. In no event and under no circumstances will Upsoft be liable for any indirect, special, incidental, consequential damages arising out of any breach of the Terms by Us (other than intentional), any use of the Services by you, or inability to use them, any offering made available by Upsoft under this Agreement, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if you advise Us of the possibility of such damages.

Upsoft’s aggregate liability for all claims from any and all sources relating to the Service shall not exceed the amount of total monthly fees paid by you to Us within 30 days preceding the occurrence of the damages.

Without prejudice to the provisions hereinabove, We make an express reservation that it does not guarantee compatibility of the Service and software with your expectations or that its use will be made in an uninterrupted or error-free manner. Responsibility for selection of the Service and software in a manner fulfilling their expectations and for results of its use shall be borne by you. We strongly advice you to use Trial Period in order to test the Services before purchasing the subscription.

The Service is controlled and operated from its facilities in Poland. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws, which includes but is not limited to Polish and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Poland, or are a foreign person or entity blocked or denied by Polish government.

15. NOTICE

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.

Any notice provided to Us hereunder shall be in writing to the notice address set out at the bottom of each page: (i) upon receipt, if by personal delivery, (ii) upon receipt, if sent by certified or registered Mail (return receipt requested), or (iii) one (1) day after it is sent, if by next day delivery by a major commercial delivery service. Notices sent via email to You are deemed received at the time that the notices are sent. Notices sent via email to Us are deemed received once we provide you with the confirmation of receipt.

We reserve the right to disseminate marketing information pertaining to this Agreement in the scope of communicating information about execution of the provisions of this Agreement to the public. You hereby consent to us informing about you as Our Customer in our marketing materials (e.g. on our website) and you grant us free of charge license to use your company name, logo or other visual identification elements in such materials.

16. MISCELLANEOUS

All sections of these Terms which by their nature should survive termination of any agreement between you and Upsoft, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

This Terms are subject to and shall be construed in accordance with the provisions of the Polish Law. Any claims or disputes resulting from these terms shall be examined by the courts competent for the registered office of Upsoft. Within the maximum, legally admissible scope you agree for jurisdiction and competence of these courts and abandon any objections to be made with regards to jurisdiction and competence of those courts, same applies to choice of law.