Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, patchkit.net, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Upsoft sp. z o.o..

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Upsoft sp. z o.o., and supersede all other agreements, representations, warranties and understandings with respect to our service and the subject matter contained herein. You will be noticed whenever we will amend our Legal Terms. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our service. After any revisions to our Legal Terms are posted, you will be asked for the acceptance.

By accessing this service, you are agreeing to be bound by these Service Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on January 06, 2018.

Definitions

The terms "us" or "we" or "our" refers to Upsoft sp. z o.o., the owner of the Website.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Restricted Uses

Upsoft sp. z o.o. has no duty to keep track of any products published, transferred, or connected to or with the Service. If you think that something on the Service breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Upsoft sp. z o.o. could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Upsoft sp. z o.o. has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Any usage that abuses our Service or any utilization of our Service against its initial destination may result in immediate account termination.

Electronic Communication

You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

Your Account

If you utilize the Service, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Upsoft sp. z o.o. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.

Upsoft sp. z o.o. does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. Upsoft sp. z o.o. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Revisions and Errata

The materials appearing on PatchKit’s Website could include technical, typographical, or photographic errors. Upsoft sp. z o.o. does not warrant that any of the materials on its Website are accurate, complete, or current. Upsoft sp. z o.o. may make changes to the materials contained on its Website at any time without notice. Upsoft sp. z o.o. does not, however, make any commitment to update the materials.

Disclaimer

The materials on PatchKit's Website are provided "as is" Upsoft sp. z o.o. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Upsoft sp. z o.o. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Upsoft sp. z o.o. nor the Website has control over the quality or fitness for a particular function of a product. Upsoft sp. z o.o. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

ALL PRODUCTS ARE PROVIDED “AS IS,” AND Upsoft sp. z o.o. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. Upsoft sp. z o.o. SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF Upsoft sp. z o.o.. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Upsoft sp. z o.o. NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Upsoft sp. z o.o. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Site Terms of Service Modifications

Upsoft sp. z o.o. may revise these Terms of Service for its Service at any time. By using this Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to PatchKit’s Website or Service shall be governed by the laws of Poland without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity

You accept defend, indemnify, and hold safe Upsoft sp. z o.o., its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Upsoft sp. z o.o. will provide notice to You promptly of any such claim, match, or case.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Poland and shall be governed by and construed in accordance with the laws of Poland without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Upsoft sp. z o.o. under our Legal Terms shall survive the termination of our Legal Terms.