End-User License Agreement ("Agreement")

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Last updated: April 1, 2023

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Tutsin Consulting z oo.

Interpretation and Definitions

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Interpretation

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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

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For the purposes of this End-User License Agreement:

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

• Application means the software program provided by the Company downloaded by You named Tutsin Consulting z oo

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tutsin Consulting sp z oo, al. Jerozolimskie 93, 02-001 Warsaw, Poland.

• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

 

Acknowledgment

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By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

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Scope of License

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The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

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License Restrictions

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You agree not to, and You will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

• Copy or use the Application for any purpose other than as permitted under the above section 'License'.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

 

Intellectual Property

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The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

 

Updates to the Application

 

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

 

Third-Party Services

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The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

 

Term and Termination

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This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

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Indemnification

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You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

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Warranty

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In the event of claims covered by the warranty, TUTSIN CONSULTING SP Z OO shall be obligated to re-deliver or modify the Software as it sees fit. In as far as these options are not appropriate for the purposes of rectifying the deficiency or defect and in cases where two attempts to rectify the issue have failed or are not carried out within a reasonable period of time, the Licensee shall have the right to reduce the license fee. The Licensee shall not be authorized to assert any additional claims.

Regardless of the legal grounds, TUTSIN CONSULTING SP Z OO shall accept no liability for the integrity of the Software or for any losses incurred as a result of the Software beyond the obligations defined under the abovementioned warranty obligations and beyond the scope of the Product Liablity Act. Any such claims on the part of the Licensee, such as any claims relating to loss of earnings, losses incurred on the grounds of third-party claims, indirect and consequential losses as well as damage to or the loss of stored data, are hereby excluded in as far as the Licensee does not establish that TUTSIN CONSULTING SP Z OO is accountable for such losses on the grounds of malicious intent or gross negligence. In cases of gross negligence, the liability of TUTSIN CONSULTING SP Z OO (with the exception of personal injury and atypical losses) shall in all cases be limited to the net purchase price paid by the Licensee for the Software. All claims on the part of the Licensee shall expire unless legally asserted within one year of their becoming aware of the loss and the cause.

TUTSIN CONSULTING SP Z OO shall accept no liability for changes or other modifications to the Software undertaken by the Licensee itself or by third parties. Furthermore, TUTSIN CONSULTING SP Z OO shall not be liable for any losses as a result of external factors, including other programs or as a result of the integration of the Software in the hardware and software environment of the Licensee or due to the interaction between the Software and this environment.

Severability and Waiver

 

Severability

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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.

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Waiver

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Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

 

Contact Us

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If you have any questions about this Agreement, You can contact Us:

• By email: hi@tutsin.co