Terms and Conditions of Use – Im2be
1. General Provisions
Welcome to Im2be. The following terms of use apply between you and Intelligent Technologies S.A., a company with its registered office at al. Krakowska 61A Sękocin Nowy, Poland, registered under the National Court Register 187832, and constitute an agreement governing your access to and use of Im2be's websites, mobile applications and other services (collectively, the "Website"), of any Im2be software (the "Software") and the services made available on or through the use of the Software (the "Services").
By using the Services or Software, or by visiting or browsing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any modifications that may be made to them from time to time. If you do not agree to these Terms of Use, do not use the Services or Software, or visit or browse the Site.
You agree to: provide accurate information, use our services in an ethical, responsible and lawful manner, be responsible for your password and user ID, and respect intellectual property rights.
2. Modifications
We reserve the right to modify these Terms of Use at any time and in any manner in our sole discretion. Notice of any modification will be posted in this section of the Site, and modifications will be effective upon posting. Your continued use of the Website or Services constitutes binding acceptance of such modifications.
3. Registration
By registering for any Service or maintaining an account, you confirm that you are at least 18 years of age. However, you may add a user under the age of 18 to your account, but only if you are the parent or legal guardian of such user. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration form.
You are solely responsible for all activities that occur under your account. If you suspect that your account has been used in any way, please let us know immediately.
When you choose to use the login option, we collect only your name and email address to set up and manage your account. We do not collect any data regarding your interactions with the app for advertising purposes unless you explicitly provide consent.
4. Payments
Payment options.
Most Premium Subscription purchases will require a valid, accepted credit card or other payment method.
Payment terms.
If you purchase a Premium Subscription, 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 in connection with the transaction. You warrant that the use of the payment method is authorized and that all information provided is true and accurate.
Cancellations and refunds.
You may cancel your Premium Subscription at any time. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.
Recurring billing.
Most Premium Subscriptions consist of an initial period for which a one-time fee is charged, followed by recurring periodic fees as agreed by you. WE MAY CHARGE PERIODIC FEES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL THE AUTHORIZATION IS COMPLETED OR THE PAYMENT METHOD IS CHANGED.
Auto-renewal; Canceling your premium subscription.
Unless cancelled, your Premium Subscription will automatically renew for subsequent renewal periods of the same duration as the Premium Subscription period originally selected by you. You may prevent the renewal at any time by contacting our designated third-party payment service provider.
Free trials and other promotions.
Any free trial or other promotion that provides premium access must be redeemed within the specified free trial or promotion period or, unless otherwise specified, within one month after the start of the free trial or promotion.
5. Contents
The Site, Software, and Services may allow you and other third parties to post data, text, and other materials that will be available to visitors ("Public Content") or only to designated members ("Private Content"). Sole responsibility for any User Content lies with the person from whom it originated, and not with Im2be. Im2be may review and remove any User Content that in its sole judgment violates these Terms of Use or that may be offensive, unlawful or that may infringe or harm the rights of third parties.
6. Grant of Rights
If you use our Website, Software or Services to send 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 for such purpose. By submitting User Content, you represent and warrant that:
- You own all right, title, and interest in and to your User Content or have acquired all necessary rights to enable you to grant the rights described herein;
- You have paid, and will be solely responsible for paying, all royalties and fees owed in respect of any User Content posted by you;
- You are the person depicted in your User Content or have obtained permission from all persons depicted;
- The User Content does not infringe the intellectual property, privacy, or any other rights of any third party.
7. Im2be User Rights
We may remove User Content and accounts that contain content that we determine to be unlawful, abusive, threatening, libelous, defamatory, obscene, or otherwise objectionable. Although we prohibit offensive and unlawful behavior and content, you understand and agree that neither Im2be nor its Partners are responsible for the User Content posted on the Website.
8. Trademark; Copyright
Im2be is a registered trademark of Intelligent Technologies S.A. All content on the Site or Software, including text, graphics, logos, designs, photographs, images, and Software, is the property of Intelligent Technologies, its licensors, or product suppliers and is protected by Polish and international copyright laws. No material may be reproduced or used without our express written permission.
9. Licenses
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. Except as expressly provided, you will not reproduce, modify, translate, improve, decompile, disassemble, reverse engineer, or create derivative works of the Software.
10. Guidelines and Restrictions on Use
The services are for the personal use of members. You agree not to use the Site, Software, or Services to:
- Upload or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Harm minors in any way or impersonate another person or entity;
- Upload or transmit any Content that you do not have a right to transmit;
- Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights;
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
- Upload or transmit any material that contains computer viruses or other code designed to disrupt or destroy computer functionality;
- Interfere with or disrupt the Services, the Site, servers, or networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national, or international law;
- Use any automated means to access the Website or Services (including robots, spiders, or scripts);
- Frame the Site or Services or engage in "screen scraping" or "database scraping".
Im2be has zero tolerance for objectionable content or abusive users. All user-generated content is subject to moderation by automated and manual systems. Users can report inappropriate content directly within the app. Our moderation team will review reports within 24 hours.
Users may delete their accounts at any time using the in-app option in the Settings > Account menu. Upon deletion, your account and all associated data will be permanently erased from our systems, unless retention is required by law.
For further inquiries, contact: legal@itsa.pl. Requests will be processed within 72 hours.
11. Automatic Software Functions
The Software includes a feature that allows it to be automatically updated to include new versions. The Software may include a feature that automatically shuts down to ensure that you do not use the Software for longer than the term of your license. You acknowledge that upon the expiration of your license, the Software may cease to function in some or all respects.
12. Termination
You may cancel your membership at any time, for any reason, by contacting us at legal@itsa.pl. Intelligent Technologies, in its sole discretion, may terminate your password, account, and your use of the Website, Software and Services, and remove any Content for any reason, including lack of use or violation of these Terms of Use.
13. Privacy
Any information, including User Content, that you transmit on the Site or Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please read our Privacy Policy carefully.
14. 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 expressly disclaims all representations and warranties, including warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement.
15. Limitation of Liability
THE LIABILITY OF INTELLIGENT TECHNOLOGIES AND ITS AFFILIATES UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES UP TO A VALUE NOT GREATER THAN THE VALUE OF YOUR MONTHLY SUBSCRIPTION. IM2BE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES WHATSOEVER (INCLUDING CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES), INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION AND LOSS OF PROFITS. THE TOTAL LIABILITY OF IM2BE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SOFTWARE, SERVICES, CONTENT, WEBSITE, PREMIUM SUBSCRIPTIONS OR THESE TERMS OF USE SHALL NOT EXCEED €100.
16. Beta Software
From time to time, Im2be may make available Beta versions of its Website, Service or Software for public use for testing and evaluation purposes. Beta software has not yet been fully tested compared to other software released in the market. You grant Intelligent Technologies the unrestricted right to use your Feedback to improve the Software, Site or Service and to develop other products and services.
17. Indemnification
You agree to indemnify and hold harmless Intelligent Technologies, its subsidiaries, affiliates, officers, agents, and other partners and employees from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your use, modification, misinterpretation, misuse, or reuse of the Software, Site, Services, or Content.
18. Third Party Software
Part of the logging functionality of this Software is licensed under the Apache License, Version 2.0. A copy of the License can be obtained at http://www.apache.org/licenses/LICENSE-2.0.
19. Links and Ads
The Site, Software, and Services display advertisements. IM2BE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR ON WEBSITES THAT ARE CONTAINED OUTSIDE THE WEBSITE. You agree that we will not be liable for any loss or damage of any kind incurred as a result of any such transactions or the presence of advertisers or partners on the Site or Services.
20. Governing Law
These Terms of Use shall be governed in all respects by the laws of Poland. 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.
21. Claims of Copyright Infringement
If you believe that your work has been copied and is available on the Site 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 authorized person;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
Our designated agent to receive notices of claimed copyright infringement: Intelligent Technologies, Al. Krakowska 61A, 05-090 Sękocin Nowy. For questions about these Terms of Use, contact: legal@itsa.pl