Whenever in these terms of service reference is made to:
1.1.the “Account” – it shall mean User’s account within the Application, assigned specifically to the User, accessed by filling in User’s user name and password within the Application;
1.2.the “Application” – it shall mean the website and the application available at the address: www.structool.com, consisting inter alia of a graphic-interface-based design application hosted and made available as a software-as-a-service;
1.3.the “Charges” – it shall mean any and all charges due to the Provider in association with User’s access and use of the Application;
1.4.the “Intellectual Property Rights” – it shall mean all forms of proprietary rights, titles, interests and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, droit moral (moral rights) and all similar rights of every type that may exist now or in the future in any jurisdiction, including without limitation all applications and registrations therefore and rights to apply for any of the foregoing;
1.5.the “Operation Data” – it shall mean data regarding the operations of the Application and User’s use thereof; the said data may include, in particular, when and how often the User uses the Application and particular features of the Application. It does not include personal data within the meaning of Polish Act of 29th August 1997 on personal data protection (Journal of Laws of 2015, pos. 2135 with later amendments);
1.6.the “Provider” – it shall mean Creoox AG (address: Landstrasse 97, 9494 Schaan, Liechtenstein, e-mail address: firstname.lastname@example.org);
1.7.the “Terms of Service” – it shall mean the present terms of service;
1.8.the “User” – it shall mean an entrepreneur, by or for whom or which the Application is or may be accessed in accordance with the Terms of Service and with the legal regulations in force or with whom or which an agreement on provision of the services consisting in the Application may be concluded.
II.CONFORMITY WITH THE LAW
2.1.These Terms of Service shall be governed by and construed in accordance with the law of the Republic of Poland, with the reservation stipulated it point 2.3.
2.2.These Terms of Service constitute the rules of rendering electronic Applications within the meaning of Polish Act of 18th July 2002 on rendering electronic services (Journal of Laws of 2013, pos. 1422 with later amendments).
2.3.These Terms of Service shall not apply to the legal relationship between the Provider and a consumer. By accepting these Terms of Service the User acknowledges that he is not a consumer within the meaning of Polish Act of 23rd April 1964 – Civil Code (Journal of Laws of 2016, pos. 380 with later amendments). If a consumer is interested in using the Application, he should contact the Provider and conclude a separate agreement with him.
3.1.Conclusion of an agreement on provision of the electronic services is effective as of the moment of initiation of using the Application by the User.
3.2.The agreement on provision of the services is concluded for indefinite period of time and may be dissolved in accordance with the legal provisions, as well as – within the scope permitted by law – by each party at any time through cessation of making the Application accessible (by the Provider) or through cessation of using the Application (by the User).
3.3.Provision of any illegal content (or of a content infringing at least one of the following: personal rights, financial copyrights, applicable social norms, principles of social coexistence in the Internet) by the User is forbidden.
3.4.The User agrees not to, not to attempt to, nor allow any third party to:
3.4.1.copy, distribute, lend, license, sublicense, sell, resell, time share, lease or transfer the Application or otherwise commercially exploit or make the Application available to any third party;
3.4.2.decipher, decompile, reverse engineer or disassemble the Application or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Application;
3.4.3.adapt, modify or hack the Application or otherwise attempt to gain unauthorized access to the Application or related systems or networks;
3.4.4.create derivative works based on the Application;
3.4.5.modify, remove or obscure any copyright, trademark, patent or other notices or legends that appear in the Application or during the use and operation thereof;
3.4.6.falsely imply any association or sponsorship with the Provider;
3.4.7.publicly disseminate performance information or analysis (including benchmarks) relating to the Application;
3.4.8.utilize any software or technology designed to circumvent any license keys or copy protection used in connection with the Application;
3.4.9.use the Application in any unlawful manner, including, but not limited to, violation of any person’s privacy rights;
3.4.10.use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components;
3.4.11.use the Application to knowingly post, send, transmit, upload, link to or store any viruses, malware, Trojan horses, time bombs or any other similar harmful software;
3.4.12.use the Application to knowingly post, send, transmit, upload, link to or store any content that is unlawful, racist, hateful, abusive, libelous, obscene or discriminatory;
3.4.13.use the Application to develop a competitive Application or product offering.
3.5.The User may not use any automated means, including agents, robots, scripts or spiders, to access or manage the Application, except solely to the extent as may be specifically enabled and authorized by the Provider.
3.6.User’s access to or use of the Application may be suspended or terminated by the Provider if:
3.6.1.such action is necessary to ensure the safety of the system or the network which is used by the Application; or
3.6.2.the User gives access to his Account to a third party; or
3.6.3.the User gained access to the Application in an unauthorised manner.
3.7.The User is responsible for safeguarding the password that he uses to access the Application and for any activities or actions under User’s password, the User agrees not to disclose his password to any third party. The User is obliged to notify the Provider immediately upon becoming aware of any breach of security or unauthorized use of User’s Account.
3.8.The Provider is not obliged to provide the User with any advice or training with respect to the use of the Application.
3.9.The User is responsible for compliance with the provisions of these Terms of Service by any and all persons using the Application under User’s Account.
4.1.The Application may be accessed through logging-in to the User’s Account or without registration of an Account. In both cases prior acceptance of the Terms of Service is a condition of accessing the Application.
4.2.The Provider may limit the access to the Application by enabling it only to the Users with a registered Account. Such limitation may be introduced without prior notice.
4.3.When the User creates an Account, he must provide the Provider information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of User’s Account.
4.4.In order to register the Account, the User has to:
4.4.1.fill in the registration form available within the Application, under the website: https://structool.com/accounts/signup/
4.4.2.accept the Terms of Service;
4.4.3.confirm his e-mail address by entering a website having an address indicated in an e-mail sent automatically after filling in the registration form referred to in pt 4.4.1.
5.1.The Provider may – at his sole discretion – decide whether the Application is available to the Users on chargeable basis.
5.2.Should the Provider decide to introduce Charges, he will send the User an e-mail (to the address indicated in the registration form referred to in point 4.4.1. or changed subsequently by the User in the control panel of User’s Account), in which the Provider will inform on:
5.2.1.the date of introduction of Charges;
5.2.2.the subscription plans that will be offered to the Users, including the Charges that will be payable with respect to each of the subscription plans;
5.2.3.other necessary information concerning the introduction of Charges.
5.3.In the event of introduction of Charges, the following provisions shall apply:
5.3.1.the access to the Application will be granted after the due payment is made; nevertheless, the Provider shall be entitled to (but not obliged to) grant the User access to the Application even before the payment is made;
5.3.2.if access to the Application was granted before the User made the due payment, the Provider shall be entitled to terminate or suspend User’s access to the Application if the User fails to pay the due payment;
5.3.3.the invoices issued by the Provider with respect to the Application shall be issued in an electronic form only and made available to the User, unless it is otherwise agreed by the User and the Provider.
VI.INTELLECTUAL PROPERTY RIGHTS
6.1.The Provider owns all the Intellectual Property Rights in and to the Application (including without limitation all underlying source code, algorithms and models). Subject to subclauses 6.2.-6.3 below, nothing herein shall be construed to transfer the Intellectual Property Rights, title or ownership of the Application or any Provider’s software, technology, materials or know-how.
6.2.The Provider shall grant each User a licence to the Application in all fields of its exploitation that are reasonably necessary for the proper use of the Application via Internet, in compliance with this Terms of Service. This particularly does not apply to the following fields of exploitation (those activities are not allowed, and shall be deemed an infringement of this Terms of Service):
6.2.1.public dissemination of the Application or any part thereof, including media (also social media) and TV broadcasting;
6.2.2.the right to use the Application or any part thereof for the marketing or advertising purposes, including advertisements, sponsoring, sales promotion, and marking and identification of goods, services and other manifestations of activity, as well as for the educational and training purposes;
6.2.3.the right to perform the permanent or temporary reproduction of a computer program contained in the Application in full or in part, by any means and in any form;
6.2.4.the right to perform the translation, adaptation, re-arrangement or any other alteration of any computer program contained in the Application;
6.2.5.the right to perform public dissemination of the Application or any part thereof in the computer networks, including the Internet, particularly in the software-as-a-service model, which also includes the access to the Application’s source code;
6.2.6.the right to reproduce the source code of any computer program contained in the Application or translate its form (decompilation), including the right to perform the permanent or temporary reproduction in full or in part, by any means and in any form, as well as to prepare (translate, adjust and introduce any other changes), without limitations to their acceptability, in particular, but not exclusively, in order to achieve the interoperability with other computer programs, or to develop, manufacture, distribute, gratuitously lend, rent or provide other forms of similar use.
6.3.The licence shall be closely related to the User’s Account, and shall expire no later than upon such Account’s termination.
VII.LIMITATION OF LIABILITY
7.1.The Provider shall not be liable to the User in connection with any actions or omissions performed by the User in connection with the use of the Application (e.g. incorrect data provided by the User). In particular, the User acknowledges that the Application provides only approximate calculations and models, basing on estimations, not on exact data.
7.2.The Application is provided on an “as is” and “as available” basis. The Provider does not warrant the correctness of the Application’s functionalities, in particular does not warrant that the calculations made within the Application will be entirely correct and error-free.
7.3.The Application is moreover provided without warranty of any kind, express or implied, including but not limited to the warranties of availability (also future availability), accessibility (i.e. Provider does not guarantee that the Application will be accessible from each operating system or electronic device), merchantability, fitness for a particular purpose and noninfringement. In no event shall the Provider be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the use of the Application or the use or other dealings in the Application.
VIII.HARDWARE & COOKIES
8.1.In order to fulfil the legal requirements, the Provider hereby informs that:
8.1.1.usage of the electronic services, in particular of the Application, by means of the Internet, involves certain risks. The main one is the possibility of infecting the ICT system by viruses, malware and Trojan horses. In order to avoid the threats associated with them, it is recommended that the Users installed anti-virus software on their devices and ensure updating this software;
8.2.The User is solely responsible for installing, purchasing and configuring all hardware and software necessary for User’s access to and use of the Application.
9.1.In the event the User finds any malfunctions or errors of the Application which constitutes infringement of these Terms of Service attributable to the Provider, the User may file a complaint via e-mail sent to: email@example.com or in writing by sending a letter to the address indicated in point 1.4.
9.2.The complaints referred to in point 9.1. shall be dealt with by the Provider within a reasonable time.
9.3.As soon as the Provider’s decision upon the complaint is made, the User shall be informed by the Provider on acceptance of the complaint or that the complaint is without merit in Provider’s opinion.
9.4.If the User is not informed on Provider’s decision with respect to the complaint within 30 (thirty) days as of submission of the complaint, it shall be deemed that the complaint is without merit in Provider’s opinion.
10.1.The Provider informs, and the User acknowledges, that the Provider shall collect the Operation Data (as defined in point 1.6.).
11.1.The Provider reserves the right to modify, add or delete any documents, information, templates, sites or other content appearing on or in connection with the Application, including these Terms of Service, at any time without prior notice.
11.2.The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
11.3.These Terms of Service have been drawn up in more than one language version. In the event of any discrepancy between various language versions, the English version shall prevail.
11.4.Unless the absolutely binding provisions of applicable law state otherwise, Polish state court having territorial jurisdiction over the address: Plac Solny 1, 50-060 Wrocław, shall be competent to resolve any and all disputes that may arise in relation to these Terms of Service.