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 https://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.
Some of our Services require you to download a client software package ("Software"). Fixit hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
We may update the Website from time to time with or without notifying you.
By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
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.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For instance, we may suspend or terminate your use if you are not complying with the Terms mentioned herein, or use the Services in any way that would cause Fixit any legal liability or disrupt others' use of the Services.
If we suspend or terminate your use, we will attempt to inform you know in prior and help you retrieve data, though there may be some cases (for instance, repeatedly or deliberately violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms, no refund of any fees paid to FixIt relating to your service will be provided. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we might refund any unused portion of fees paid for the Services on a pro-rate basis.
Whereas services are offered on a free trial or Semi-Free Model also known as Freemium, a payment will be taken for the first billing cycle, quarter or year when you enter your billing details during the free trial or Semi-Free Model period.
FixIt reserves the right to offer a free trial, fully free version or even a Semi-Free usage of the software based on shared resources, or FixIt may use distributed computing monetization. At any given time you can upgrade to a fully premium version of the software or remove the product entirely from your computer.
The renewal date for the contract shall be deemed to be one month, quarterly or yearly model following the end of the free trial period if and where applicable based on the payment billing method selected. If you wish to cancel your contract during the free trial period you may do so by informing us in writing (e-mail) before the end of the free trial period, and before you have made payment.
If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
Optionally, with some services, you may pay in advance at the commencement of your free trial. In these circumstances you cannot cancel the free trial as mentioned above, but a money back guarantee may be available if you chose to cancel within 30 days.
Money back Guarantee, some services are advertised as including a money back guarantee by Fixit. To receive a refund under the guarantee you must follow the instructions in our Refund Policy.
If you do not claim a refund of fees during the period mentioned in our Refund Policy, then no refund will be due.
Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.
Some Version may be supported by advertising revenue and may display advertisements and promotions on the product. Such advertisements may be targeted to the content of information stored on the FixIt products you have installed, queries made through FixIt products or other information. The manner, mode and extent of advertising by FixIt on its products are subject to change. You agree that Fixit may place such advertising and that FixIt shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on FixIt products or your subsequent dealings with advertisers.
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
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