Welcome to Clever Systems Sp. Zo.o. (Hereinafter shall be referred hereunder as "FixIt” or "We").
Please review these TERMS carefully before using the Software because they affect your rights.
Please note that these TERMS may change and the latest version may be posted to our website and are affective upon publishing them in the website.
Using the Software is subject to the End User License Agreement ("EULA") that can be viewed at http://fixit-soft.net/eula
The Website and the Software as well as the audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, data and other content associated with the services We provide (“Content”) are owned by FixIt and protected by intellectual property laws. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. You hereby agree that FixIt will retain all right, title, and interest in and to the Software and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted.
You may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Website, Software or the Content.
You may not access the Website and the Software unless you are above 18 years of age.
We may update the Website from time to time with or without notifying you. Without limiting any other provision in these TERMS, you agree not to do the following:
a. Copy or Photo the Website’s Software or Content, make the Website, Software or Content available via in-line links, otherwise display the Website, Software or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between FixIt and any third party, or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
b. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
c. Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that We deem, in our sole discretion, to be otherwise objectionable;
d. Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
e. Transmit files that contain viruses, spyware, adware, or other harmful code;
f. Remove, modify, disable, block or otherwise impair any advertising in connection with the Website or Software;
g. Interfere with others using the Website or Software.
h. Disassemble, decompile or otherwise reverse engineer the Software or other technology included in the Content or used to provide the Software;
i. Transmit, collect, or access personally identifiable information about other users;
j. Engage in unauthorized data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Website or Software;
k. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
l. Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Website, Software or Content, or;
m. Access any portion of the Website or Software that We have not authorized you to access.
You will defend, indemnify and hold harmless FixIt, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, “FixIt Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the website and or Software and or any other service offered in the website. FixIt retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any such claim, without FixIt’s prior written approval.
The FixIt Parties do not warrant: (1) that the Website, Software, the Software functions or any Content will be uninterrupted or free of errors or omissions; (2) that defects will be corrected; (3) that all unnecessary files and startup items will be removed; (4) that following use of our services, there will be any improvement in the system; (5) that the Software or the servers hosting them are free of viruses or other harmful code; or (6) that the Software or information available through the Software will continue to be available. The FixIt Parties shall have no liability for any such issues.
The FixIt Parties disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content. The Website, Software and Content are provided “as is,” “as available,” and “with all faults.”
Your access to and use of the Website and Software (including their functions and content) is at your risk. If you are dissatisfied with the Website or Software, your sole and exclusive remedy is to discontinue accessing and using the Website and Software.
The FixIt Parties will not be liable for any failure or delay in their performance due to any cause beyond their reasonable control, including acts of war, acts of god, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment.
In addition to all other terms in this TERMS - the FixIt Parties will not be liable to you or anyone else for any special, indirect, incidental, exemplary, punitive or consequential damages in connection with the Software (including its functions and content), your use of the Software, this TERMS, even if foreseeable or even if one or more of the FixIt Parties has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct). In no event will the FixIt Parties’ liability for other damages exceed the amount paid by you to FixIt in the one month preceding the claim.
You acknowledge and agree that if you incur any damages that arise out of the FixIt Parties’ acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting operation of the Software and the Content.
This TERMS and all claims arising from or related to your use of the Software will be governed by and construed exclusively in accordance with the laws of Poland, except Poland’s conflict of law rules. You agree to exclusive jurisdiction and venue of Poland. Notwithstanding any other provision of this TERMS, We may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Software or this TERMS within three months after such claim or action accrued. Otherwise, you will waive the claim or action.
Any legal notice or claim should be sent to us only via registered mail to Clever Systems Sp. Zo.o. ul. Lucka 20/88, 00-845 Warsaw Poland, Registration Number: 0000574455.
, and the End User License Agreement at: http://fixit-soft.net/eula
constitute the entire agreement between You and Us and supersede all prior agreements with respect to the subject matter hereof. Nothing in this TERMS affects any non-waivable statutory rights that apply to you. If any part of this TERMS is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of this TERMS will continue to be valid and enforceable.
If there are any questions regarding these TERMS, or if you believe that our website is not following these TERMS, please contact us through our Contact Us