GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY
These General Terms and Conditions and Privacy Policy ("Terms") regulate the use of TrueCommander owned by Techy Apps FZE at the address Dubai Silicon Oasis, Dtec G084C, Dubai, UAE licence no. 23794 (hereinafter referred to as "Company", ""us, "we", or "our") and licensed by Kolosek IT DOO, Bulevar Oslobodjenja 11, Novi Sad, Serbia licence no. 01/2025, available at domains truecommander.com and their respective subdomains (the "Websites"), as well as mutual rights and obligations regarding provision and use of any services offered by TrueCommander (hereinafter referred to as "Services").
A person or entity who registers on and purchases Services or who registered to use the free version of the Services or who simply browses the listed websites is hereinafter referred to as "User(s)".
You represent and warrant to the Company that you have full legal authority to accept these Terms and that you are not banned from accessing or using the site or the services under the laws of any country. Whereby, if you are accepting and entering into these Terms on behalf of your employer or another entity, you hereby explicitly represent and warrant that you have the full legal authority to bind your employer or such other entity to these Terms. Where you sign up for any of the Services (as defined below) using an e-mail address from your employer or another entity then you shall be deemed to represent such party and any acceptance of these Terms (in line with their provisions) will bind your employer or such other entity that you represent.
Company owns and operates the https://truecommander.com website, including all services, tools, forums and other content and information in addition to various project and story management tools, application program interfaces (APIs), business software, and other services available online via the Site or otherwise (collectively, the "Services" and each individual service, a "Service"). Among other things and from time to time, certain project management, agile planning and team collaboration tools and other business applications are made available at the <https://truecommander.com> (including without limitation, the Services) or otherwise (including through hybrid hosting) subject to acceptance without modification of all of the current terms and conditions contained herein ("Terms").
By the act of using or accessing Site or any of the listed websites, or Services, User unconditionally agrees to the terms of these Terms and accepts them as obligatory.
By accessing or using the sites and any for the first time, the User acknowledges its contents, and fully understands and agrees to the rights and obligations arising from the use of services, materials, functionalities and other content available through the Services.
If you do not accept any of these Terms, please do not use the Services.
We reserve the right to modify or append the Terms, unilaterally, at any time and without prior notice, of which all Users shall be duly informed by means of an appropriate notice on the Licence and Privacy Policy.
You are obliged to review the Terms periodically, in order to check for possible modifications or additions. We reserve the right to modify the content, design or location of the Websites, as well as the services, materials, functionalities and other content available through the Websites, unilaterally, at any time and without prior notice.
We cannot be held responsible for any damage caused to Users or third parties related to the above described modifications.
The Terms are the entire agreement between User and Company with respect to the Site and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and Company with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
User's rights and obligations under the Terms are personal to User, and are not assignable, transferable or sublicensable by User except with Company's prior written consent. Company may assign, transfer, subcontract or delegate these Terms and/or any or all of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. The failure of either party to enforce its rights under these Terms at any time or for any period (including without limitation, Company's failure to enforce any use restriction) will not be construed as a waiver of such rights. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms, and neither party has any authority of any kind to bind the other in any respect. All notices under this Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
User acknowledges that (a) it has read and understands the Terms, (b) the Terms have the same force and effect as a signed agreement, (c) Company requires identification of the User before providing any Service or issuing any license and (d) neither the provision of any Service nor issuance of any license constitutes general publication of the Software or any other part of the Platform.
To sign up for the Services, User must register for an account on the Services (an "Account").
To register, User must provide Company with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation, User may be required to specify a username, and to provide the name of an individual contact, company name, address, zip code, legitimate electronic mail address and certain additional information. In order to obtain paid Services, User will be required to provide valid credit card or mobile telephone account information for billing purposes. User shall maintain and update its Account from time to time, to ensure that it is always current, complete and accurate. User may apply for registration at the Site. Company reserves the right not to accept User's application to become a registered user, in its sole discretion.
Upon acceptance, Company will provide access credentials to the User. User is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. User shall be responsible for keeping all account information up-to-date. User shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than the User without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. User is solely responsible for the activity that occurs on User's Account, regardless of whether the activities are undertaken by the User, User's employees or a third party (including User's contractors or agents). User may never use another person's user account or registration information for the Services without permission. User must notify Company immediately of any change in User's eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of User's Account. User should never publish, distribute or post login information for his or her Account. User shall have the ability to delete his or her Account, either directly or through a request made to one of Company's employees or affiliates. Company will not be liable for any loss or damage as a result of User's failure to provide Company with accurate information or to keep his or her Account secure.
To the extent that the User accesses the Services through third-party sites (such as GitHub) and/or with the use of accounts created on such sites, the User acknowledges that Company is not responsible for the performance or accessibility to such sites and that such third-party sites and the use of accounts created on such sites are also governed by terms and conditions of such third party.
The provisions of this Section 4 accordingly apply also to Hybrid Hosting Services (as defined in Section 23 herein).
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. The User acknowledges that in cases where it ceases the use of the Service(s) prior to expiration of the agreed subscription period for the use of the respective Service(s), it will not be entitled to reimbursement of any fees paid (or payable) under the or these Terms, including for the proportion of the period in which the User did not use the Services but has paid (or is to pay) appropriate fees for. Company may terminate the Site, or any of the Services, or User's access thereto, in whole or in part, at any time, with or without cause, with or without notice, effective immediately. User may terminate its registration and account at any time by sending an email to [email protected] that includes User's electronic mail address and account username.
Upon termination, your right to use the Websites will immediately cease.
User login data and Security
User unique login (email address and username) must not be shared. The user is entirely responsible for maintaining the confidentiality of this data and Account information. User acknowledges and agrees that User is entirely responsible for User's utilization of Sеrvices, and that User is responsible for all acts, omissions and generally for the use of User's unique login (email address and username) in connection with the Services
Any advertising content shall always be marked as such.
Publication of advertising content on the Websites does not mean that we endorse, approve, recommend, promote, or in any other way support the advertisers, their products or services.
The advertisers are independent entrepreneurs with whom mutual rights and obligations regarding advertising on the Websites are regulated through separate contracts.
Therefore, we are not involved in any possible relationship you may establish with the advertisers regarding their advertising content available through the Websites.
Any rights and obligations arising from such relationships shall be regulated directly with the corresponding advertiser.
Also, for any comments or information related to advertising please contact the advertiser directly.
Since we do not control or supervise content available through advertisements, we cannot guarantee the accuracy, truthfulness, origin, content or availability thereof.
However, we shall make every reasonable effort to ensure that advertising effectuated through the Websites does not contain any Prohibited Content.
Therefore, we reserve the right, but do not assume the obligation, to remove any advertising content, without prior notice and without explanation, based on our own assessment or on information received by any User or third party, due to any reason, but primarily due to violation of these Terms.
We are obliged to remove any advertising content which contains or represents Prohibited Content immediately upon receipt of the corresponding notice sent to the contact address published on the Websites.
In consequence of the above, we cannot be held responsible for possible damage arising from publishing or removing any advertisement or relying on any content thereof.
Contests, sweepstakes and promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Websites may be governed by rules that are separate from these Terms.
If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
For purposes of these Terms, the term Content includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site and/or Services. For the purposes of this Terms, Content also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Site and/or Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User represents that all User Content provided by him or her is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User acknowledges that all Content, including User Content, accessed by it while using the Site and/or Services is at User's own risk and User will be solely responsible for any damage or loss to it or any other party resulting therefrom. Company does not guarantee that any Content User accesses on or through the Services is or will continue to be accurate.
The Site and Services may contain Content specifically provided by Company, its partners or its users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Users shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site or Services.
Subject to these Terms, Company grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Site or Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Site or Services is expressly prohibited without prior written permission from the Company. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
By submitting any User Content to the Site, excluding privately transmitted User Content, User hereby grants Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Site, the Services and Company's (and its successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after User's termination of Account or the Services. User also hereby grants each user of the Site and/or the Services a non-exclusive, perpetual license to access any of its User Content that is available to such user on the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after User's termination of its Account or the Services. By submitting any User Content to the Services other than on the Site, User grants Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to Company and its users do not affect User's other ownership or license rights in its User Content, including the right to grant additional licenses to its User Content, unless otherwise agreed in writing. User represents and warrants that it has all rights to grant such licenses to Company without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Some Content will be marked on the Service as "Creative Commons Content". Creative Commons Content will be identified with a Creative Commons icon. Company hereby grants each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 4.0 International license, available at the Creative Commons License website. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content.
Your privacy is important to us and protect your private information as we protect ours. It is our policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Company may change this Privacy Policy from time to time at Company's sole discretion
Unless agreed otherwise, User consents to inclusion of its name and logos in User lists that may be published as part of Company's marketing and promotional efforts.
Each User is permitted to state publicly that such User is a User of the Services. Each User agrees that Company may include such User's name and trademarks in a list of Company Users, online or in promotional materials. Each User also agrees that the Company may verbally reference such User as a User of the Services. Users may opt out of the provisions in this section by e-mailing a request .
Except as expressly provided below, Company and User are each solely responsible for its own costs and expenses related to the Site and Services.
At prices described elsewhere at the Site or otherwise mutually agreed by Company and the User, Company charges fees for accessing and using certain Services, which are subject to change in Company's sole discretion. Price changes for Users using the Services or the Site will be made known to the User in accordance with these Terms. If User elects to access or use any fee-bearing Service, User agrees to pay all applicable fees resulting from all use of that Service under its account, in the amounts, at the times and subject to any specified conditions. Such fees may be specified as being payable in advance or in arrears; fees may be fixed, contingent or variable (e.g., depending on usage factors); and fees may be specified on a recurring basis (e.g., subscription fees and/or usage fees, which may be payable monthly, quarterly or annually) or non-recurring basis (e.g., one-time activation fees).
Unless specified otherwise, all amounts due hereunder shall be paid upon order in US dollars, in immediately available funds by credit card or mobile telephone account, in full without set-off, counterclaim or deduction. If any payment is past due, the Company shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating User's account or its access and use of the Services). User agrees to reimburse the Company for all reasonable costs (including attorneys' fees) incurred in collecting payments. All payments to Company are exclusive of state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and User agrees to bear and be liable for the payment of all such charges (excluding taxes based upon the Company's net income).
The Service is provided to User only for its internal business purposes. Any unauthorized use of the Service is expressly prohibited (including without limitation, accessing any Service for which the User is not authorized, or any use not expressly permitted in the Terms, such as, for example, reselling the Services). User is solely responsible for all acts or omissions that occur under its account or username, including the provision of User Data to Company.
Reproducing, copying or distributing any content, materials or design elements from the Site for any purpose is strictly prohibited without Company's express prior written permission.
As a condition of use, User agrees that it will not use the Services for any purpose that is illegal or prohibited by the Terms or any , or any other purpose not reasonably intended by the Company. In connection with using the Services, User agrees to abide by all applicable local, state, national and international laws, regulations and rules.
Without limiting the foregoing, User agrees not to provide any User Data, access or use any Service or take any action that, in any manner:
Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
Imposes an unreasonable or disproportionately large load on Company's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Company or other third party;
Creates accounts by any automated means or under false or misleading pretenses;
Harvests, scrapes or collects any information from the Site or which was made available through the Services; or
Uses any script, bot or other automated means that only simulates compliance with the Terms or other requirements applicable to the Services.
In addition, User agrees that it will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that:
* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by Company in its sole discretion;
* User knows is false, misleading, untruthful or inaccurate;
* Constitutes unauthorized or unsolicited advertising;
* Impersonates any person or entity, including any of Company's employees or representatives; or
* Includes anyone's identification documents or sensitive financial information.
Company may, at its sole discretion, immediately suspend or terminate any User's account or access to the Services should its conduct fail (or appear to fail) to strictly conform to any provision above.
8a. Services
Definitions. The following terms have the indicated meanings: Analytics means statistics, metrics and other analyses that are based on or derived from the Services or Results, which are developed in the aggregate with other data or results or in a manner that does not disclose User's identity or source code; User Data means User registration information, and the computer programs (in source code) and other data provided by User, which will be stored, analyzed, processed and used by the Services; Documentation means any user instructions, help information and other documentation regarding the Services that are provided by Company to User in electronic or other form; Platform means the technology platform developed and/or used by Company in providing the Site and Services (including all related ideas, concepts, systems, hardware, software, interfaces, tools, utilities, content, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets and other technologies, implementations and information); Results means the work products resulting from the Services that are delivered to User by Company, which are based on processing the User Data; Software means all software, scripts and HTML or similar codes, if any, that are provided by Company to User and intended by Company for User's use in accessing and/or controlling the Services (such as, for example, in making queries and requesting reports).
Services. Subject to all terms and conditions in the Terms, Company grants User (without right to sublicense) a nonexclusive, nontransferable right and license to (a) access and use the Services through a web-based interface at the Site, or to access and use the Hybrid Hosting Services, whichever Company and the User agree upon, but solely for User's internal business purposes, and to (b) use the Software (in executable format) and Documentation, solely in connection with and for the purposes of the User's authorized access and use of the Services. User may make a reasonable number of copies of the Software and Documentation only for inactive backup purposes. User's access and use of the Services and Software shall comply with all other conditions set forth herein, at the Site or in User's order for the Services (such as, for example, any requirements regarding data formats, number of users, size limits, time limits or prohibited uses), as well as the mandatory provisions of the applicable laws.
User Data. User hereby grants Company a nonexclusive, royalty-free, worldwide right and license to access, copy, store, process, distribute, transmit and otherwise use the User Data for the purposes of providing Services to the User and in connection with providing technical support and maintenance (where applicable) for the Services. User also hereby grants Company a nonexclusive, royalty-free, worldwide right and license to access, copy, store, process and otherwise use User Data in connection with (a) developing, improving, extending and testing the Platform and Services and (b) designing, developing and producing Analytics. User bears all responsibility and liability for the accuracy and completeness of the User Data and Company's access, possession and use as permitted herein. Other than registration data, Company has no obligation to backup, retain or deliver any User Data.
Systems. At its sole cost and expense, User is responsible for providing all (a) rights, licenses and permissions necessary for Company to receive and use the User Data, (b) modems, servers, devices, storage, software, databases, network and communications equipment and ancillary services needed to connect to, access or otherwise use the Services from User's facility and (c) corresponding backup, recovery, network security and maintenance services (collectively, "User Systems"). User shall ensure that User Systems are compatible with the Services and comply with all configurations and specifications described at the Site or in the Documentation.
Limitations. Company will use commercially reasonable efforts to make the Services available to User at all times, subject to downtimes for scheduled maintenance, upgrades, repairs and emergency outages. Company will not be responsible or liable for any failure in the Services resulting from or attributable to (a) unusually high usage volumes, (b) failures in any telecommunications services, networks or systems, (c)User's or any third party's negligence, acts or omissions, (d) any force majeure or other cause beyond Company's reasonable control or (e) unauthorized access to the Site or Services, breach of firewalls or other hacking.
Support. Company will use commercially reasonable efforts to provide User with technical support and updates for the Services and Software in accordance with its standard practices. Company has no obligation to support any version other than the then current version. Company holds no obligation to provide support in accordance with these Terms for Users who are using the free version of the Services or Software. User agrees that Company may charge in accordance with its then current policies (where applicable) for any support service resulting from problems, errors or inquiries related to the User Data or User Systems.
9\. Proprietary rights
Users. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and User (and its licensors) shall own and retain all right, title and interest (including all patent rights, copyright rights, trade secret rights, trademark rights and other intellectual property and proprietary rights) in and to the User Data and Results.
Company. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Company (and its licensors) shall own retain all rights, title and interests (including all patent rights, copyright rights, trade secret rights, trademark rights and other intellectual property and proprietary rights) in and to the Site, Services, Platform, Software, Documentation and Analytics.
Restrictions. User shall not, directly or indirectly (a) use any Software or other information gained from the Site, or through the access and use of the Services, to create any software, platform or documentation that is similar to any of the Software, Platform or Documentation or for any other purpose other than for the access to and use of the Site and the Services, (b) attempt to access any Platform component or to disassemble, decompile, reverse engineer or otherwise discover any source code or underlying organization, structures, ideas or algorithms of the Platform or (except and only to the extent these restrictions are expressly prohibited by applicable statutory law) the Software, (c)encumber, sublicense, distribute, transfer, rent, lease, lend or use the Software in any time-share or service bureau arrangement, (d) copy, adapt, combine, create derivative works of, translate, localize, port or otherwise modify any Software or Documentation, (e) use the Software or Results, or allow the transfer, transmission, export or re-export of all or any part of the Software, Results or any product thereof, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction or (f) permit any third party to do any of the foregoing.
General Learning. User agrees that Company is free to use and disclose the Analytics and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Services (including without limitation, that which it could have acquired performing the same or similar services for another User); provided, Company will not use or disclose any of User Data.
General Learning. Confidential Information means any and all information provided by Company, including persons acting on its behalf, to the User, as well as all other information otherwise obtained (learned) by the User during and in relation to the performance of these Terms and/or the , and/or related to the Site, Software, Platform, Documentation or Services, including, without limitation, algorithms, APIs, rules and formulae, software, source code, copyright, techniques, sketches, drawings, models, know-how, registered and unregistered designs, business plans, financial information, business names, domain names, inventions, trademarks, trade secrets and proprietary information, apparatus, equipment, information relating to past, present, future or proposed products and services of Company, such as information concerning research and development work, design details, User lists, business forecasts, sales and marketing plans, and all such other information which may be revealed to the User for the purpose(s) described in these Terms or the , in any form (whether disclosed orally, in hard copy, electronic, or otherwise), and regardless of the fact whether the information has been marked as confidential or not. For the avoidance of doubt, any information provided prior to the effective date of these Termss and/or the for the same purposes, shall be, as well, deemed as confidential.
The User shall not disclose or make available in any other manner to any third party any Confidential Information, during the term of these Terms, the and indefinitely after their termination. The User also agrees to use such information only for the purpose and to the extent necessary to exercise its rights and perform its obligations under or in connection with these Terms and/or the .
The User is obliged to immediately return, upon first call of Company, any documentation received from Company, or at the option of Company to destroy such documentation, including any copies and related notes. This obligation shall be deemed fulfilled only if a written certificate of return or destruction of all the documentation has been made by the User and delivered to Company, unless otherwise agreed in writing.
The User shall ensure that any person, acting on its behalf in performance of these Terms, undertakes the confidentiality obligations in line with this Terms, including, where necessary, by ensuring that a separate non-disclosure agreement is entered with such person.
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICES WILL BE SECURE, ERROR-FREE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (c) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
User agrees that Company shall not be responsible or liable for any unauthorized access, alteration or use of User's account, transmissions or data, whether accomplished via the Site or User Systems or otherwise through use of Hybrid Hosting Services.
IN NO EVENT SHALL, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, COMPANY(OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER related to the SITE OR SERVICES, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS or SERVICES, (c) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) damages, IN THE AGGREGATE, in excess of Amounts PAID TO COMPANY BY USER DURING THE PRIOR 3-MONTH PERIOD, OR US$500.00, WHICHEVER IS GREATER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
User agrees to (a) defend Company and its affiliates, licensors and suppliers, and their employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction or other dealings with any other user, Site Affiliate or other third party in which User is involved, User's use or misuse of the Service, or User's breach of any of its representations, warranties or covenants under the Terms or and (b) indemnify the indemnitees for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys' fees) awarded and arising out of any such claim.
Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which case User will provide Company with all reasonable information, cooperation and assistance to defend, compromise or settle the claim. To the extent it is not possible under applicable law for Company to formally exclusively assume defense from the User in the respective proceedings, the User agrees to undertake any action which would ensure that Company assumes and controls the defense in practice by following any and all instructions provided by Company (or persons authorized by it) in the defense of claims (including the instruction on which legal counsel to choose), as well as to undertake any action that might be necessary in order for Company to participate in the respective proceedings (to the extent possible).
Company makes no representation that the Site or Services are appropriate or legally available for use in locations outside Serbia and the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Accessing or using the Services from other locations may be done at User's own initiative and User will be responsible for compliance with all local laws.
User expressly consents to Company's processing of personal information in accordance with the Terms. User understands and agrees that its personal information may be stored, processed and transferred in the country where it was collected and in Serbia, and that Serbian laws regarding the collection, storage, processing and transfer of personal information may be less stringent than the laws where User is located. If User is a business or other entity, then it agrees that each person who accesses or uses the Site or Services through User's account has given express consent to the collection, storage, processing and transfer of his or her personal information as provided herein, unless such processing of his or her personal information is otherwise allowed under applicable law. For more information on processing of personal data, please refer to our Privacy Policy.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms shall be governed by and construed in accordance with the laws of Serbia, without regard to its conflicts of law provisions. In the event of any conflict between Serbian and foreign laws, rules and regulations, Serbian laws, rules and regulations shall govern. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to the Terms. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or use of the Site or Services shall be filed only in the state or state courts located in Serbia, Novi Sad and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Users are not authorized to use the Site or Services in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
The Terms and all content provided by the Company are copyright of the COMPANY- and/or its licensors or suppliers.
COMPANY are trademarks of Company. The names and logos of other companies, products and services mentioned at the Site may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved, to the maximum extent permitted under the applicable law.
Reports of any person who has posted content in violation of TechyApps FZE's rights or trademarks, or is violating one of the terms and conditions of this Site should be sent by email at [email protected].