The following terms and conditions for use of the Use It Better Sp. z o.o. (”UIB”) service described herein (the “Service”) constitute an interchangeable offer to enter into legal agreement under the civil law of Republic of Poland. By finalizing process of registration you declare that you’re entitled to enter into this agreement and you accept the offered terms and will comply with it while using the Service (”AGREEMENT”).
1. DEFINITIONS
“Code” means the code, that the Subscriber adds to his/her application in order to use Service.
“Software” means the UIB software with any and all upgrades and patches that records the Recorded Data.
“Recorded Data” means all the data concerning user activity within the application, collected by way of using the Code and the Software.
“Recording” is a unit of measurement for usage of the Service. A Recording is initiated when the Code records an application user actions and transmits them to the server for processing.
“Servers” means the servers provided by the Hosting Partner controlled by UIB upon which the Software and Recorded Data are stored.
“Hosting Partner” means Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland.
“Subscriber” means a party to this agreement with a certain Subscription agreed upon.
“Subscription” means one of the three offered terms to use the Service with different Recording limits, available features, and pricing.
2. THE PROCESS OF REGISTRATION
In order to use the Service you are obligated to complete the registration process according to the registration form available at www.useitbetter.com. You will be asked to provide your account name and the password. At any times, you are fully responsible for preserving security of your account details. UIB at any times will be not liable for any damage and loss, caused by disclosing your account’s information any other failure to comply with security obligation.
3. SOFTWARE
You hereby acknowledge that the UIB gives you no warranty or guarantee for the Software, you agree to use the Software “as it is”. You accept the fact that the Software and the Code may be improved at any time without any notice. Although UIB did not encounter any signs of instability or defects/errors in the software, UIB will not be liable for any potential damages or losses (actual or implied) caused directly or indirectly by the Code and/or the Software.
UIB guarantees storage of Recorded Data for a period defined as history in Subscription specification. UIB does not guarantee the Service will be operable at all times or during any down time:
(1) caused by outages to any public Internet backbones, networks or servers,
(2) caused by any failures of your equipment, systems or local access services,
(3) for previously scheduled maintenance or
(4) relating to the force majure events beyond UIB’s control.
Complete accuracy in all aspects of your Statistics at all times also is not guaranteed.
You hereby waive any potential claims towards UIB in the scope specified herein.
4. LICENSE
UIB hereby grants to you a limited, non-exclusive, license to install, copy and use the Code and the Software solely for the purposes necessary to use the Service in connection with your application(s) (jointly, the “Application”).This license granting you the right to use Code, Software and the Service lasts as long as you comply with the terms and conditions of the Agreement. You may not at all the times:
- copy, translate or otherwise create derivative works of the Software or the Code;
- reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software;
- remove any proprietary notices or labels on the Software or placed by the Service; or
- use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software and Service solely for use of your/ your company, and will not make the Software or Service available for timesharing, lease or whatsoever. You will comply with all applicable laws and regulations in your use of and access to the Software and Service.
The license will expire immediately upon failure to comply with the terms of this Agreement.
5. SUBSCRIBER’S OBLIGATIONS
You may not at any times use the Service, the Code and the Software for any illegal or unauthorized purpose, nor violate any applicable laws. You are solely responsible for any and all activities that relate to your account, in particular you agree to assume full liability for a third parties activities that you’ve disclosed access to your account to, or that gained such access due to your negligence.
You agree to notify UIB immediately upon learning of any unauthorized use of your account or any other breach of security.
You will not use the Service to track or collect personally identifiable information of users that was not voluntarily supplied to you. During all time of using the Service you’ll have the appropriate Privacy Policy and you will comply with the applicable laws in that matter, in particular an Act of Personal Data Protection.
You must make sure to follow UIB guidelines to mark all “sensitive” users fields (e.g. credit card numbers) in a special way so that those will not be transmitted, stored and processed by the Service.
6. UIB RIGHTS
UIB is entitled to store and process your Recorded Data. Recorded Data may include one or more cookies that UIB uses to differentiate between users. UIB may examine Customer Data to provide you with technical support, consulting services or to improve the Service. UIB will not at any time use such data in any other purpose, unless it is obligated by a relevant authority to do so.
UIB will undertake all necessary precautions and follow industry guidelines and best practices to make sure your data is secure and that UIB employees, partners and vendors will not use the service to collect personally identifiable information of your customers or any other information exceeding the standard scope of tracking unless such collection of data was requested by you.
7. BILLING
All fees except except for additional fees for additional traffic are paid in advance and are not refundable, unless otherwise stated by the applicable provisions of law or this Agreement – in particular if you’re a consumer you may cancel this Agreement at any time but you are not eligible for any refund. You may evaluate the Service for free during a trial period.
You hereby accept to be provided by Use It Better Sp. z o.o. with the VAT invoices by way of electronic means of communication pursuant to § 3 Minister of Finanace Regulation of December 17th, 2010 on sending invoices in the electronic form, principles of keeping it and the manner of making it available to the tax authorities.
UIB uses various billing service providers. When using such provider’s services (i.e. Paypal), you agree to follow and comply with the policies of such provider.
8. SUBSCRIPTION
UIB offers multiple subscriptions plans. You may find a detailed terms of each plan at UIB website www.useitbetter.com. In order to get individual plan for your specific needs please contact UIB.
9. DISCLOSING INFORMATION
UIB will not be liable for any breach of applicable provisions of law made by you in particular the personal data protection or privacy law. In case any such claims will be addressed to UIB you undertake to release UIB from each and any liability and indemnify UIB for any damages and loss incurred in connection with the above. You are obligated to post information that you use the Service at your Application’s privacy policy.
10. INDEMNIFICATION
You agree to indemnify, hold harmless and defend UIB, at your expense, any and all third-party claims, actions, proceedings, and suits brought against UIB or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by UIB or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service. In such a case, UIB will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. UIB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. LIMITATION OF LIABILITY
UIB will not be liable to user or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if UIB has been advised of the possibility of such damages. the exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
12. INTELLECTUAL PROPERTY RIGHTS
The Service, the Code and the Software is and shall remain the property of UIB. All intellectual property rights in the above pertains to UIB. This agreement does not grant you any right if not directly stated. There are not implied provisions in this manner. You undertake in particular not to:
- - violate any copyrights in particular vested in the Software and the Code;
- - use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or other proprietary rights associated with the Service for any purpose without the express written consent of UIB;
- - register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with UIB other than in the name of UIB; or
- - remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
13. DURATION AND TERMINATION
If your Subscription Plan does not specify the exact term, you can cancel your Subscription payment at any time which will result in termination of your Subscription with the end of the paid period. To cancel the subscription you must either delete all projects you own or close the account. You must remove the Code from your Application after the termination. You should note that following the termination, all data will be deleted from the Servers and you will not be able to recover the deleted information once your account is cancelled.
In case your Subscription will not be paid within 14 days upon its expiration, this agreement will be terminated.
14. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
UIB has the right at any time to update, modify or discontinue, temporarily or permanently, the Service with or without notice.UIB shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://help.useitbetter.com/en/terms-and-policies/terms-of-service.html.
15. MISCELLANEOUS, APPLICABLE LAW AND VENUE
UIB shall have the right to advertise and publicize that it has provided services to you and your company (regardless of whether you’re still a client of UIB). For that purpose your company name and/or logotype can be used.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the State of Republic of Poland without reference to its conflict of law principles.
Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Gdansk, Polska, competent for the UIB registered office.
Any notices to UIB must be sent to: Use It Better Sp. z o.o., ul. Leborska 3B 80-386 Gdansk POLAND.
The failure of UIB to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
You may not assign or otherwise transfer any of your rights hereunder without UIB’s prior written consent, and any such attempt is void.
This Agreement shall be binding to the respective successors and assigns of the parties hereto.