Terms and Conditions of use

1.General

Welcome to Im2be. These Terms of Use constitute an agreement between the user and Intelligent Technologies S.A., a company with its registered office at al. Krakowska 61A in Sękocin Nowy, Poland, entered in the National Court Register under number 187832 (hereinafter referred to as “Intelligent Technologies S.A.”). These Terms of Use govern the rules of access and use of the Im2be website available at https://im2be.com (hereinafter: the “Website”), the Im2be mobile applications available in the App Store and Google Play (hereinafter: the “Application”), as well as the services made available through the Website or the Application (hereinafter: the “Services”). The Website and the Application use Im2be software, including branded, copyrighted versions (hereinafter: «Software»). The Terms and Conditions apply to all users using the Website, Application, Software or Services, regardless of the form of access. The Apps and the Site may also be referred to collectively as the Site.

The Site, Apps and Software, and Services may contain advertising content. By using the Services, Software, or visiting the Site, you acknowledge that you have read and accepted these Terms of Use and any future updates thereto, and you agree to display advertising while using the Site, the Software and/or the Services. In the event that our Services require the creation of a password-protected family account and you are designated as the person starting a family under the Im2be account or another user initiates the first registration in the Service, you agree to ensure that all joint users of the account comply with these Terms of Use and their modifications.

If you do not accept the Terms, you should refrain from using the Services, the Software, and accessing the Site. These Terms and Conditions form a binding agreement between you and Intelligent Technologies S.A. You are advised to read them carefully before using the Website, Software or Services.

Intelligent Technologies’ requirements for the use of Im2be’s Software, Services, Websites, and mobile services are described herein and on the website. You agree to provide reliable information and use the Services in an ethical, responsible and lawful manner. You are responsible for the security of your login details and for monitoring the users using your account. Intelligent Technologies respects intellectual property rights and requires users to comply with these principles by using mechanisms to respond to reports of copyright infringement.

 

2.Registration

During registration, the user declares that he has completed the age required for his category. If the user is of legal age (at least 18 years old), registration is standard. If you are under 18 years of age, the procedures described in Section 3 of these Terms and Conditions apply, requiring the consent of a parent or legal guardian. You agree to provide true, accurate, current and complete personal information, in particular regarding your date of birth, in accordance with the instructions provided in the registration form available on the Site, the Services or the Software (hereinafter referred to as the “Registration Data”) and to update it promptly in order to maintain its reliability, accuracy and completeness.

If you provide false, inaccurate, outdated or incomplete information, or if we reasonably suspect that you are false, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and deny you access to current and future features of the Services, the Site, and the Software.

You are responsible for the confidentiality of your account and password and for securing your computer from unauthorized access. They are responsible for all activities performed on their account. If you suspect unauthorized use of your account, you should notify us immediately.

You understand and agree that we may retain your information and, where required by law or when we believe it is reasonable and in good faith, disclose your information to: (a) comply with legal requirements or legal process; (b) comply with the Terms of Use; (c) respond to reports of infringement of third party rights in relation to content (as defined in Section 4); (d) protect the rights, property, or safety of Im2be, its users, or the public.

3.Access to Im2be for your child

If you have a child under the age of 13 (or under the age in your country), you can create an account for them and manage that account using Im2be. With a supervised Im2be account, the child has access to Im2be services. You can set up parental controls to supervise them. If your child is over 13 years old (or older than the age in your country), they can create their own Im2be account. If your child has their own Im2be account, you can use Im2be to add parental controls to that account and configure parental control settings. You or your child over the age of 13 (or over the applicable age in your country) can turn off supervision at any time. If your child does this, you will receive a notification and your child’s previously supervised devices will be temporarily blocked. Parents can help younger children create and manage an Im2be account with Im2be. When your child reaches the minimum age in a given country, they can manage their own account on their own. Some Im2be services have their own age requirements. If we determine that you can’t have an Im2be account yet due to your young age, you’ll have 14 days to update your details to meet the age requirements. If you don’t, we’ll disable your account.

 

4.How users create and join families

After registration, the user can create a family. Users can use the app individually or as part of a family. If you have an active subscription, you can start a family by selecting your family name and photo and assigning status (adult or child) and role in the family, before approving the creation of the family. They can then invite other users to the family via an invitation link or email. The link is generated by the administrator, who sends it to the selected people. Users using the link can, if they are registered, send a request to join, while if they are not registered, they first register and then send the application. The administrator accepts or rejects requests and determines the role and status of the family member. Alternatively, the administrator can invite the user via email, specifying their role and status; The user accepts or declines the invitation in the system.

There are two main ways to register children in the app: self-registration of the child and registration initiated by the parent.

In self-registration, a child can sign up on their own using an email address and password, or a Google or Apple account. The date of birth is a mandatory element of registration and affects the further course of the process. For an adult (18 years or older), registration is standard, with acceptance of the terms of use and verification of the e-mail address, after which the account is fully activated. For a child under 18 years of age, once the data is entered, the account is created, but remains inactive until the parent confirms the data and terms of use. The parent receives a notification and a request for consideration, which they can approve or reject. After acceptance, the child becomes active and connected to the parent. If the parent is the family manager, they have the option to assign the child to the family.

Registering a child through a Google or Apple account is analogous: the user chooses to register through the appropriate platform, provides the date of birth. If they are 18 years old or older, an account is immediately created and activated, if less – parental consent is required to confirm registration.

In parent-initiated enrollment, an adult registered in the system can create a child account from the child management settings or family dashboard. A unique email address for your child is required. The parent enters the data, and then the age verification process takes place: if the child is of legal age, the registration is blocked, if not – the parent accepts the terms on behalf of the child. Your child receives a verification email, and once confirmed, the account is activated and optionally added to the family.

E-mail confirmation in parent-initiated registration is different from that of a child’s self-registration. The verification code is sent to the child’s e-mail, which the parent must manually enter in the system, thus confirming the child’s access to the mailbox. The child does not verify the email on their own during the session. The account remains inactive until the parent enters the code correctly. Once confirmed, your child can use the app normally.

Before confirming the email account, your child can’t sign in or use the app.

 

5.Payments

You may become a registered user of the Website, Software and Services at no cost in the trial version. As a registered user, you will have the opportunity to use some, but perhaps not all, of the features and functionalities available on the Website or within the Software and Services. To access additional features and functionality (including an ad-free version of the Software and/or Services), you may need to obtain a paid premium subscriber to the Site, Software, and Services. In the event that premium subscriptions are offered to Users (each, a “Premium Subscription”), a description of the current Subscription and the associated fees will be made available to you on the Site or through the Software. We reserve the right to change the monthly fees or terms of our Subscriptions at any time and for any reason; provided that when you are a Premium Subscriber, you will be charged in accordance with the Subscription Terms, subject to adjustment only at the end of the approved Subscription Period. The Premium Subscription Policies that are made available to you in connection with your decision to become a Premium Subscriber are considered part of these Terms of Use and are incorporated by this reference. In order to purchase a Premium Subscription, you must, in addition to the requirements set forth in this Agreement, register with us or a third-party payment service provider designated by us using a valid, accepted credit card or other payment method that we elect to accept as payment in our sole discretion.

For the avoidance of doubt, these Terms of Use apply to both subscription users and free users.

 

Most purchases of Subscriptions through the Site, Software or Services, or through a third-party payment service provider designated by us, will require a valid, accepted credit card or other payment method that we or our designated third-party payment provider, as the case may be, in our sole discretion, choose to accept as payment.

 

If you purchase a Subscription through the Site, Software or Services, you authorize us or our designated third-party payment service providers to charge your credit card or other accepted payment method for the amount specified by you in connection with the transaction. If you wish to designate a different payment method, or if there is a change in your payment information, you must update your user account or your account with a third-party payment service provider designated by us, as the case may be, to reflect such change. You may experience temporary disruptions to your access to the Site, Software or Service while new payment information is being verified. If you provide us or one of our designated third-party payment service providers with a purchase request, you warrant that the use of the credit card or other accepted payment method in question is authorized and that all information you provide to us or to our designated third-party payment service provider is true and accurate (including, but not limited to, your credit card number,   expiration date and other account information) and you agree to pay any fees you incur.

 

You may cancel your Subscription at any time and terminate your use immediately by using the options available in your account settings or submitting the appropriate form. ( We or our designated third-party payment service provider, as the case may be, reserve the right to refuse or cancel any purchase or attempted purchase at any time in our sole discretion. In addition, we or a third-party payment service provider designated by us, as the case may be, may reverse certain transactions if we have a reasonable belief in good faith that such transactions, alone or in combination with other transactions, are illegal, fraudulent, abusive, unlawful or otherwise conducted in bad faith or as part of any form of fraudulent trading (which may include such things,  such as fraud, hacking, or other prohibited activity). EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE OR AS REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.

 

Most Subscriptions include a one-time fee start period, followed by regular recurring payments at your choices. By accepting these Terms of Use, you acknowledge that your Subscription (if any) provides for an initial fee and recurring charges, and you accept full responsibility for all such recurring payments up to and including cancellation of your Premium Subscription. We, or a third-party payment processor authorized by us, as the case may be, may charge recursive fees (for example, monthly) without your subsequent consent, until you revoke your consent or change your payment method. To cancel your Subscription, please contact our authorized third-party payment processor, if applicable.

 

If the amount to be charged to you differs from the amount previously approved by you (except for the imposition or change of the amount of Sales Taxes, if any), we or a third-party payment service provider appointed by us, as the case may be, will notify you of the amount to be charged and the date of the charge at least 10 days prior to the scheduled date of the transaction. You agree that we or a third-party payment service provider designated by us, as the case may be, may accumulate the fees incurred and transmit them as one or more aggregate fees during or at the end of each billing cycle.

 

Unless cancelled as described above, your Subscription will automatically renew for subsequent renewal periods of the same duration as the Subscription period originally selected by you. You may prevent your Subscription from being renewed at any time during the term of your Subscription, including any renewal period, by contacting our designated third-party payment service provider, as applicable.

 

Any free trial or other promotion that provides premium access to the Site, Software or Service at the subscriber level, if any, must be redeemed within the specified period of the free trial or promotion or, unless otherwise specified, within one month of the start of the free trial or promotion. We may, in our sole discretion, allow you to continue to access the Site, Software or Service after the end of a free trial or other promotion, provided that we may change the terms (including whether such Site, Software or Services display advertisements) and/or fees associated with such access, and at such time you must choose to accept such fees or conditions or choose to accept their fees or terms;  or your account will be restored to your standard Im2be account. You may be required to cancel your Subscription before the end of the free trial or promotional period to avoid being charged the applicable non-promotional Subscription rate and being subject to the new terms. If you cancel your subscription before the end of your free trial or promotional period and are inadvertently charged for your P Subscription, please contact our designated third-party payment service provider to reverse the charges.

 

The payment methods we accept for purchase may include one or more payment methods offered by Im2be’s business partner (the “Partner”), in which case payment may be made directly to the Partner and not to us. In such cases, the Affiliate will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be set forth in the agreement between you and the relevant Affiliate.

 

Unless otherwise stated, all fees and commissions are quoted and must be paid in Polish zlotys. Purchases made in a currency other than the Polish zloty will be made at the exchange rate specified in the agreement concluded with the credit card or other accepted payment method provider.

 

Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third-party payment service provider or Partner, as the case may be, will collect the required Sales Taxes from you and remit them to the relevant tax authorities. In most cases, the possibility of applying sales taxes will depend on where the person or entity making the purchase lives. We are not responsible for any net income taxes or other taxes, duties, or tariffs associated with the acquisition, purchase, or possession of a Premium Subscription, except for the Sales Taxes described in this section or as required by applicable law.

6.Contents

The Site, Software, and Services may allow you and other third parties to post data, text, code, help, feedback, advice, statements, reviews, comments, photos, and other materials and information that will be available to visitors and members of the Site (“Public Content”). The Site and Services may also allow you to post data, text, code, help, feedback, advice, statements, reviews, comments, photos, and other materials and information that will be available only to you and other members specifically designated by you (“Private Content”); (Public Content and Private Content, collectively, “User Content”). The sole responsibility for any User Content, whether publicly posted or privately transmitted through the Site, Software or Services, lies with the person from whom the User Content originated, not Im2be or its shareholders, directors, officers or employees. Im2be may review and remove any User Content, in whole or in part, that, in Im2be’s sole judgment, violates these Terms of Use or that may be offensive, unlawful, or that may infringe or harm the rights of any third party. Nevertheless, in no event shall Im2be or its shareholders, directors, directors, or employees be liable for any loss or damage caused by your reliance on User Content obtained through the Site, Software or Services. You are responsible for evaluating the User Content available through the Services, Software or Website. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or remove any User Content.

 

7.Grant of rights

Except as set forth in our Privacy Policy, Im2be will not disclose your Private Content to third parties without your express written consent or where we believe, in good faith, that we are required by law to disclose this information. If you use our Site, Software, or Services to send, email, or otherwise transmit your User Content to third parties, you grant Im2be a royalty-free, worldwide, transferable license to use and reuse your User Content (or any parts or derivative works thereof) for such purpose. Im2be and its Partners reserve the right to display advertisements in connection with the User Content and to use the Public Content for advertising and promotional purposes. For more information about User Content, please see our Privacy Policy. The User is responsible for their own User Content on the Im2be Website and for the consequences of posting or publishing it. By uploading User Content to the Im2be Website, you hereby represent and warrant that:

You own all right, title, and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to audio, video, or digital recordings and performances contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights to your User Content described herein;

You have already paid, and will be solely responsible for, paying (to the extent they are subsequently due) all royalties, fees, and any other monies due to any person in respect of User Content posted by you on or through the Site.

You are the person depicted and/or heard in your User Content or, alternatively, you have obtained consent from all persons (including parental or legal guardian consent for any person under the age of eighteen (18) who appears and/or is heard in your User Content to grant the rights described herein. The User will make such permissions available to Im2be and its Partners upon request. The User Content does not infringe the intellectual property rights, privacy or any other legal or moral rights of any third party.

You agree to retain all records necessary to determine that your User Content does not violate any of the above representations and warranties, and to make such records available upon request to Im2be. You acknowledge that your compensation for the rights you grant under these Terms with respect to your User Content includes, but is not limited to, the tools and features made available for use on the Site and the ability to view or use your User Content by Im2be or its Partners (or any of them individually). You will not receive any further compensation for your User Content and will not receive credit for or in connection with your User Content. The user’s public content will not be acknowledged, returned or stored “in confidence” by Im2be or its Partners. Both we and our Partners reserve the right, in our sole discretion, to remove or not post any User Content for any reason. Neither we nor our Partners are obligated to inform you of any decision to remove or not post such material.

We take action to remove User Content and accounts containing such Content that, in our sole discretion, is unlawful, abusive, threatening, defamatory, obscene or otherwise objectionable, infringing on the intellectual property rights or other rights of third parties, or is in violation of these Terms of Use.

Despite the prohibition on posting offensive or unlawful content on the Website, you understand and agree that neither Im2be nor its Partners are responsible for the User Content posted on the Website. Your use of the Im2be Website is at the sole risk of the user who may encounter such materials.

We reserve the right to discontinue providing any elements of the Im2be Website at any time, including the removal of links or embedded User Content, either generally or in specific cases.

 

8.Trademark;

Im2be is a registered trademark of Intelligent Technologies S.A. The Intelligent Technologies and Im2be logos are trademarks of Intelligent Technologies S.A. in Poland and Europe. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or artwork of Im2be. Any trademarks not owned by Intelligent Technologies that appear on the Site or Software are the property of their respective owners, who may or may not be affiliated, affiliated with, or sponsored by Intelligent Technologies. All content and its compilations on the Site or Software, including but not limited to text, graphics, logos, designs, photographs, button icons, images, data compilations, and Software, are the property of Intelligent Technologies., its licensors or product providers, and are protected by Polish and international copyright laws. No materials, including but not limited to those listed above, may be reproduced or used without our express written permission.

 

Subject to the terms and conditions of this Agreement, Intelligent Technologies grants you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of personal computers solely for the purpose of using the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including any related intellectual property rights. The software is protected by applicable intellectual property laws, including Polish and EU copyright laws and international treaties. Except as expressly provided in this Agreement or as expressly permitted by applicable law, you will not, will not permit, or authorize any third party to: (a) reproduce, modify, translate, improve, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease or sublicense the Software; or (c) not circumvent or disable any features or security measures or technologies in the Software. By posting Public Content, you hereby grant us (or warrant that the owner of the Content provides) to us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works from, transmit, distribute, perform, display, delete (in whole or in part) and incorporate the Public Content for any purpose and without knowledge User. By posting or making available Public Content, you represent and warrant that our public posting and use of your Public Content will not infringe or violate the rights of any third party.

9.Usage Guidelines and Restrictions

The services are provided solely for the personal use of the members of the site. You agree not to use the Site, the Software, or the Services to:

upload, post, email, or otherwise transmit Public Content that contains personal information (such as names, phone numbers, postal addresses, email addresses, or URLs) or any material that is unlawful, harmful, threatening, abusive, violent, unlawful, defamatory, vulgar, obscene, defamatory, invasive of third party’s privacy, hateful, or inappropriate racial, ethnic or other reasons;

causing harm to minors;

impersonate or mislead others or entities as to their relationship with them;

upload, post or transmit material to which you do not have rights by law or contract, including confidential and proprietary information arising from employment or non-disclosure agreements;

Provide content that infringes patents, trademarks, trade secrets, copyrights, or other intellectual property rights.

Distribute unsolicited advertising, promotional materials, links, spam, chain letters, pyramid schemes, or other solicitations.

transmit or place computer viruses or code designed to damage software, computer hardware, or telecommunications;

disrupt the Services, the Site, the servers or networks that support them, or violate any rules or regulations associated with those networks;

violate local, national or international law;

stalk, harass other users, or collect their personal information without consent;

use automated tools (e.g., robots, scripts) to access the Site or Services or collect data;

embed the Site or Services within an iframe, use framing to embed trademarks, logos, or other protected material, generate pop-ups, or otherwise modify the way content is presented.

In particular, it is prohibited to undertake activities such as screen scraping, scraping databases and other activities aimed at obtaining user lists or other data

 

The Software includes a feature that allows it to be automatically updated to reflect new versions of the Software. If you discontinue or disable this feature, your copy of the Software may not function properly. The Software may include a feature that is used to automatically disable the Software to ensure that you do not use the Software for longer than the term of your license to use the Software or subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if Im2be does not grant you an extension, the Software may cease to function in some or all of the respects, and you may lose access to the Services and data made with or stored with the Software. You acknowledge that disabling the Software is a key feature of the license rights and obligations granted under this Agreement.

10.Termination

These Terms of Use shall remain in full force and effect for the duration of your use of the Site, Services or Software, unless otherwise terminated in this section. You may cancel your membership at any time, for any reason, by contacting us at legal@itsa.pl  You agree that Intelligent Technologies may, in its sole discretion, terminate your password, account (or any part thereof) and terminate your use of the Site, Software and Services, and delete and delete any Content on the Site for any reason,  including, but not limited to, due to lack of use or if Im2be believes that the user has violated or acted contrary to the letter or spirit of these Terms of Use, including failure to make payment for Premium Subscriptions purchased by the User within the required timeframe. Im2be may also, in its sole discretion and at any time, modify or discontinue the Site or Services, or any portion thereof, with or without notice. You agree that any modification or termination of your access to the Site, Services or Software may be made without prior notice and you acknowledge and agree that Im2be may immediately deactivate or delete your account and all related information and User Content in your account and block further access to such information or to the Site or Services. You agree that Im2be shall not be liable to you or any third party for any modification or termination of access to the Site or Services, or for the inability to recover any User Content.

 

11.Privacy

Any information, including User Content, that you transmit on the Site or Services or through the Software is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please read our Privacy Policy carefully.

12.Disclaimers of Warranties; Limitations of Liability

The Site, Services (including all Content) and Software are provided “as is]; Im2be makes no representations or warranties of any kind with respect to the Software, Services, Content, Website, or any of its contents. Im2be accepts no responsibility for any errors or omissions in the provision of the Software, Services, the Website or the Content, any loss or damage resulting from the use of the Content or any behaviour of the users of the Website. Im2be expressly disclaims all representations and warranties related to the software, services, content, and website, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement. In addition, Im2be does not represent or warrant that the information contained on or available through the Website or through the Services is complete or current.

 

THE LIABILITY OF INTELLIGENT TECHNOLOGIES AND ITS AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES TO A VALUE NOT GREATER THAN THE VALUE OF THE MONTHLY SUBSCRIPTION. IM2BE AND ITS AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES), INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION AND LOSS OF PROFITS, WHETHER OR NOT SUCH PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IM2BE’S TOTAL LIABILITY AND ITS AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SOFTWARE, SERVICES, CONTENT, WEBSITE, PREMIUM SUBSCRIPTIONS OR THESE TERMS OF USE, WHETHER ARISING IN CONTRACT OR TORT, SHALL NOT EXCEED €100. ANY PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF LIABILITY FOR DAMAGES IS INTENDED TO SHARE THE RISKS ARISING FROM THESE TERMS OF USE BETWEEN THE PARTIES. THIS DIVISION IS AN IMPORTANT ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE TO SATISFY THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE.

 

You agree to indemnify and hold harmless Intelligent Technologies, its subsidiaries, affiliates, officers, agents, and other partners and employees from and against any and all losses, liabilities, claims or demands, including reasonable attorneys’ fees, arising out of or related to your use, modification, misinterpretation, misuse or reuse of the Software, Site, Services or Content, including but not limited to these Terms of Use.

13.Links and Advertisements

The Site, Software, and Services display advertisements. We may share, or third parties may provide, links to other websites or resources that are outside of our control. We make no representations about the quality, suitability, functionality or legality of any websites to which links may be provided, and you hereby waive any claim you may have against us in relation to such websites. IM2BE IS NOT RESPONSIBLE FOR CONTENT ON THE INTERNET OR ON WEBSITES THAT ARE CONTAINED OUTSIDE THE WEBSITE. Your correspondence or business dealings with other users, advertisers or partners on or through the Site or Services, and any other terms, warranties or representations associated with such transactions, are solely your business dealings with you or such user, advertiser or partner. You agree that we will not be liable for any loss or damage incurred as a result of such transactions or as a result of the presence of such advertisers or partners on the Site or Services.

 

14.Governing Law

These Terms of Use shall be governed by the laws of Poland in all respects. Any controversy or claim shall be resolved on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. In the event of a dispute with one or more users of the Site or Services, you indemnify Intelligent Technologies (and its officers, directors, agents, subsidiaries, parent, joint ventures, and employees) from and against any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

15.Copyright Infringement Claims

Intelligent Technologies respects the intellectual property rights of others and requires that those who use the Software, the Site, and the Services do the same. It is our policy to respond promptly to claims of misuse of intellectual property. If you believe that your work has been copied and is available on the Site or Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: An electronic or physical signature of the copyright owner or a person authorized to act on their behalf; Identify the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and information sufficient to locate the material; Your name, address, phone number, and email address; A statement by you that you have a good faith belief that the disputed use was not authorized by the copyright owner, its agent, or the law, A statement made under penalty of perjury, that the above information in the notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

If we receive such a claim, we reserve the right to refuse or remove the Content as described in these Terms of Use and to terminate your account.

The representative appointed by us to receive notifications of alleged copyright infringement in accordance with: Intelligent Technologies, Al. Krakowska 61A, 05-090 Sękocin Nowy.

Upon receipt of a claim of copyright infringement, we will review and investigate notices of alleged infringement and take appropriate action accordingly You may not export or re-export the Software without (a) the prior written consent of Im2be; and (b) comply with applicable export control laws and obtain all necessary permits and licenses.

Im2be’s failure to act in certain circumstances does not exempt it from the ability to act in relation to that circumstance or similar circumstances. By using the Site or Services, you agree to receive electronic communications from Intelligent Technologies. These communications will include notices about your account and information about or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal requirements for communications, including those in writing. Intelligent Technologies is excused for any failure to perform the contract to the extent that its performance is impossible for any reason beyond its control. These Terms of Use constitute the entire agreement between you and Intelligent Technologies and supersede any prior agreements between the parties relating to the subject matter contained herein.

We reserve the right to change these Terms of Use at any time and in any manner in our sole discretion, including the right to charge fees for the Software or Services. Notice of any modifications to these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon such notice. Your continued use of the Site or Services constitutes your binding acceptance of such modifications. Please review this section of the Site before using the Site, Services, or Software to determine if there are any changes to these Terms of Use. If you do not agree to any changes to the Terms of Use that may occur, you should immediately terminate your registration on the Site and stop using the Service, Software, and Site. You agree that we will not be liable to you or any third party for any modifications to the Terms of Use.

If you have any questions about these Terms of Use, please contact legal@itsa.pl