Terms and Conditions

Last updated September 3, 2022 

1. Agreement to terms 

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or as an entity on behalf of which you hereby act (“you”) and Teamsharq sp. z o.o. Al. Grunwaldzka 56/202, 80-241 Gdansk, Poland, registered in the register of entrepreneurs of National Court Register kept by the District Court Gdańsk-Północ, VII Commercial Division under the registration number 0000927481, having REGON (statistical number): 520226440, NIP (Tax/VAT number): PL957113780 (“we”, “us”, or “our”), concerning your access to and use of the https://teamsharq.com/ and https://app.teamsharq.com  websites as well as any other services provided by us or media form or channel or mobile websites or mobile application related, linked, or otherwise connected thereto (collectively, hereinafter: “Services”). If you act on behalf of a legal entity, you hereby confirm that you are duly empowered to represent it in the scope allowing you to conclude this legally binding agreement hereby. 

You agree that by accessing the Services, you have read, understood and agree to be bound by all of these Terms and Conditions. If you do not agree with all or any part of these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use immediately. You and us will be also referred to jointly as “Parties” and each separately as the ”Party”. 

We reserve the right, in our sole discretion, to make changes to these Terms and Conditions any time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Each such change will be binding both Parties from the date of its introduction on our website. Please ensure that you check the applicable Terms and Conditions every time you use our Services so that you understand which Terms and Conditions apply and stay updated with them. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such amended Terms and Conditions are posted. 

The Services and the information provided on our Services are not intended for access or distribution to or for use in any country or jurisdiction where such access or distribution or use would be against the applicable law or which would subject us to any registration requirement within such country or jurisdiction. Therefore, if you choose to access the Services from other locations you do it only on your own initiative and you are solely responsible for compliance with local laws to the extent local laws are applicable. 

The Services are not tailored to comply with industry-specific regulations (Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), etc.). If your access or use of Services would be subjected or related to such rules or laws, you may not use this Services. You are also not allowed to use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other act of applicable law. 

The Services is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. 

2. Statements 

By accessing and using our Services, you hereby represent and warrant that: 
- all information you submit to us will be true and obtained and submitted in a lawfully and legal way, without any harm to anyone and without any breach of any applicable law,
- you are not a minor in the jurisdiction in which you reside,
- you will not use the Services for any illegal or unauthorized way or purpose or by using any illegally obtained software,
- you will not access or use the Services by any  automated or non-human means, whether through a bot, script or otherwise,
- have reviewed, understood and accept our Privacy Policy which is binding part of this agreement between you and us. 

If you breach or violate any of the representations above, we’ll have the right to suspend or terminate the agreement with you and/or your account anytime with immediate effect and/or refuse any and all current or future use of the Services by you. 

We care about data privacy and security. Please review our Privacy Policy here and check for updates every time you use our Services: https://teamsharq.com/privacy-policy. By using our Services, you agree to be bound by abovementioned Privacy Policy. Please be advised the Services is hosted in the EU. 

You hereby agree to receive electronic communications, and you agree that all agreements, documents, notices and other communications we will provide to you electronically, via email and/or on the Services. You consent to the use of electronic signatures, contracts and other documents and to electronic delivery of notices, policies and other documents. 

These Terms and Conditions remain in full force and effect while you use our Services. We also reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Services to you and/or terminate this agreement with you at any time and/or delete your account and/or content that you provided through our Services, for any reason or for no reason, for example in case of a breach of these Terms of Conditions or any of your representations. 

We reserve the right to change or remove the contents of or from our Services at any time or for any reason at our sole discretion without notice. We don’t guarantee the Services will be available at all times, without any breaks, like maintenance breaks. Errors to hardware or software can sometimes happen as sometimes there may be the need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. In such cases no compensation will be paid to you, unless such errors or interuptions will make you not able to use our Services for at least 48 hours without any breaks – in such case you will be able to receive compensation from us in the amount equal to the proportional part of the remuneration paid to us by you, while this part will be calculated in proportion to the period of inability to use our Services in relation to that entire period of remuneration. Although we are not obliged to by these Terms and Conditions, we remain fully committed to perform any maintenance or modifications in the manner that will cause as little disruption for our users as reasonably possible. 

We reserve the right, but not obligation, to monitor our Services and their use by you for our internal purposes like improvement of our Services and for potential violations of these Terms and Conditions and to take any legal steps we decide are proper against anyone who, in our sole discretion, violates these Terms and Conditions or applicable law and to remove any content from our Services that we decide, in our sole discretion, is improper or violates any legal rules or these Terms and Conditions. 

We may include software for use in connection with our Services. In that case you may only use our software for the duration of agreement between you and us and only for the purpose of using our Services. Therefore, we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Terms and Conditions. You are not allowed to reproduce or redistribute our software and it is provided “as is” without warranty of any kind, either expressed or implied. You accept any and all risk arising out of use or performance of our software. 

3. Registration and cancellation 

You may be required to register with the Services. You agree to keep your password confidential and will be solely responsible for all use of your account and password and all damages to you or to us related to use of your account or password. We reserve the right to delete or change your username if we decide, in our sole discretion, that such username is inappropriate in any way. 

All purchases are non-refundable. You can terminate your subscription at any time by logging into your account or contacting us at [email protected] Your cancellation will take effect at the end of the current paid term. 

4. Remuneration

By accessing our Services and additionally hereby you agree to our prices for our Services available at pricing section on our website and you hereby agree to pay us our remuneration for access and use of our Services calculated accordingly with those prices. 

We reserve the right, in our sole discretion, to make changes to prices available on our website any time. We will alert you about any changes by updating the prices on our website and by updating the date of the latest price change, and you waive any right to receive specific notice of each such change. Each such change will be binding for both Parties from the date of its introduction on our website. Please ensure that you check the applicable pricing section on our website every time you use our Services so that you understand which prices apply and stay updated with them. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised prices by your continued use of the Services after the date such amended prices are posted. 

The payments will be processed by Stripe (https://stripe.com/). By accepting this Terms and Conditions you also accept payments to be processed by Stripe and all the terms, conditions and policies available of its website. 

If applicable, sales tax (value added tax) will be added to the prices available on our website. You agree to pay all charges or fees at the prices then in effect for your purchases and access or use of our Services. If your payment is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. 

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. We reserve the right to terminate our agreement with you with immediate effect or delete your account or otherwise stop providing our services for you - whichever of those option we choose – if you fail to pay timely and in full amount for our Services. 

5. Contribution 

During the use of our Services you may participate in or contribute to some online activities that may contribute to us, our Services or others ("Contributions"). Contributions may be seen by other users and by other websites also, they may also be helpful for us to improve our Services or may even directly or indirectly contribute to such improvements or marketing of our Services. As such, any Contributions you make may be treated as non-confidential and non-proprietary and even if treated as proprietary the point a) below shall be in force. When you make any Contributions, you thereby represent and warrant that:

a) you transfer the Contributions on us for free and waive any rights or claims, including future rights or claims for remuneration or any form of compensation from us for your Contribution, unless otherwise agreed in the written form under the pain of nullity,
b) the creation and any kind of use or process of your Contributions do not and will not infringe any proprietary rights, for example: the copyright, trademark, trade secret, patent, etc.,
c) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions in any possible way,
d) your Contributions are not false or misleading or in any way infringing or breach any rule of applicable law or any other regulation or rights of any third party.

If you breach or violate any of the representations above, we’ll have the right to suspend or terminate the agreement with you and/or your account anytime with immediate effect and/or refuse any and all current or future use of the Services by you. 

We have the right, in our sole and absolute discretion to edit or otherwise change delete or use or process in any way of any Contributions at any time without notice. 

We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

You agree that any of your questions, comments, feedback, ideas or other information that you provide us regarding the Services are non-confidential and shall become our sole property at the moment of receiving them by us. 

If your Contribution is subject to copyright protection, upon the transfer of this Contribution to us, you transfer to us also all property rights, including all proprietary copyrights to this Contribution and its components, and we acquire these rights. For the transfer of rights to be effective, in line with the previous sentence, it is not necessary to submit any additional declaration. The proprietary copyrights to the Contribution and its components will be transferred each time in all fields of exploitation including, but not limited to:
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a) digitization, entering into computer memory, sharing via computer networks, including the Internet, intranet and extranet,
b) modification and any changes and interventions in the Contribution,
c) recording, reproduction by means of printing, reprographic techniques, film, cassette recording, magnetic recording, electronic medium, digital medium,
d) incorporation of the Contribution into a multimedia work and / or collective work,
e) placing on the market, using in economic or non-economic circulation as a designation of an enterprise, a trademark or other characteristic symbol of an enterprise or goods or services,
f) public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the Contribution available to the public in such a way that everyone can have access to it in a place and time chosen by them,
g) displaying and displaying, as well as broadcasting by means of wired or wireless vision or sound via a ground station or broadcast via satellite,
h) sale, rental, lease, paid or free of charge to third parties of the Contribution, as well as submitting an offer in this regard; performing and allowing third parties to perform studies, including alterations and adaptations of the Contribution,
i) registration in Poland or abroad with the Patent Office or other competent authority as a trademark, industrial design, utility model, invention or other object of industrial property.

In the case of Contributions that are computer programs or detailed design documentation of computer programs - you additionally transfer the proprietary copyrights to the Contribution and its components in the fields of use, which include the right to:
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a) permanent or temporary reproduction of the computer program in whole or in part by any means and in any form,
b) translating, adapting, changing the layout or any other changes to the computer program,
c) disseminating, including lending or renting, a computer program or its copies and making the Contribution available to the public in such a way that everyone can have access to it at a place and time chosen by them,
d) registration in Poland or abroad with the Patent Office or other competent authority as an invention or other object of industrial property.

If the result of your Contribution is a database you each time transfer to us, on the terms of proprietary copyrights, exclusive property rights in the field of data collection and re-use of data.

You each time grant to us, upon the transfer of individual Contribution, an exclusive permission to prepare Contribution and its components, as well as to use and dispose of rights to them, along with the right to grant further permits in the above scope. You do not retain the exclusive right to authorize the exercise of derivative copyrights.

You undertake not to perform to us or and entities to which we have transferred the proprietary copyrights to the Contribution, moral rights that you will be entitled to in relation to these Contribution, including the rights: to decide on marking the Contribution with your name or pseudonym or making it available anonymously, to the inviolability of the content and form of the Contribution, to decide on the first release of the work to an unlimited number of people, to author's supervision prior to the dissemination of the Contribution and during its use. You authorize us to exercise on your behalf the moral rights listed in the preceding sentence and to seek their protection against third parties infringing these rights. In the situation indicated above, the authorization will be granted with effect from the date when you transfer Contribution or its parts to us.

For the effectiveness of the authorization referred to above, no additional statement is required.For the transfer of the rights to Contribution or its effects and obligations in accordance with the all above sentences of this point 5, you shall not be entitled to any remuneration as the remuneration is already indicated in the lowered pricing on our website, which would be higher if this point 5 would not be in force. For the avoidance of doubt, the Parties confirm that the above means that you are not entitled to any additional remuneration for the use by us or entities to which we transfer our rights, of the effects of Contribution. 

6. Third party content 

Our Services may contain some external content (for example: photos, videos, articles) or links to other, third party websites. This may be sent or uploaded for example by other users. Such third party content or links are not investigated or monitored by us and we are not responsible for it. You access or open or use it at your own risk. Please take care to only use links or external files from trusted providers. 

7. Prohibited activities 

You may not access or use the Services for any purpose other than the one for which we have them designed.Also, you agree not to:
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a) trick, mislead or fraud us or any other users,
b) transfer your account or profile,
c) impersonate or attempt to impersonate another user or other person,
d) harm in any way and in our opinion, us and/or our Services or other users.
e) make harmful or otherwise improper use of our support services or submit false reports to us,
f)  threaten or abuse in any way any of our employees or agents or other users or any other persons,
g) engage in any unauthorized framing of or linking to our Services.
h) bypass or disable or attempt to do so or otherwise interfere with security related features of the Services,
i)  upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming,
j) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, for example: gifs, pcms, spyware, web bugs, cookies, or other similar tools or devices,
k) engage in any automated use of our Services, such as using scripts to send comments or messages, or using any data mining, robots, bots or similar tools or devices,
l) use any buying agent or purchasing agent to make purchases of our Services,
m) collect content or data from our Services to create, directly or indirectly, a competitive tool or service,
n) use our Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
o) copy or adapt our Services or our Services software or any part of them,
p) use our Services and/or any information obtained from our Services in any way that may be against the applicable law or other regulations. 

8. Intellectual property rights 

Unless otherwise indicated, the Services is our proprietary property and all source code, databases, functionality, software, websites designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks. 

9. Jurisdiction and limitation of liability 

These Terms and Conditions as well as our agreement between you and us and your use of our Services are governed by and construed in accordance with the laws of Poland. Any disputes between you and us shall first have a try with solving amicably and if such a try fails for any reasons, any disputes between you and us related to our Services will be resolved by a Polish common court having jurisdiction over the our registered company seat. 

Our Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties related to our Services and you waive any claims and rights, including future claims against us related to our Services. 

To the extent allowed by applicable law, in no event will we or our management board or our employees or agents be liable to you or any third party for any losses or damages or direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from or in relation to your use of the Services. Notwithstanding anything to the contrary contained above, our liability to you for any reasons or causes and regardless of the form of the action, will at all times and altogether in total be limited to the amount paid, if any, by you to us during the last six months prior to any cause of action arising.

‍You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Services and/or your breach of these Terms and Conditions or any of your representations herein and/or your other actions or failure to act. 

10. Final provisions 

These Terms and Conditions and any policies, pricing information or other rules posted by us on or through our Services, including on our website, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision will not be considered as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You are not allowed to assign your rights and obligations without our prior written consent. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of use of the Services and our legal agreement.