Terms & Conditions

These Terms govern your use of Primetric websites, services, and applications available at https://app.primetric.com (“Service”). These Terms apply to you and others who access or use the Service. Please read them carefully before using the Service.

The service is subject to author's property and moral rights. By accessing or using the Service you confirm that you have read these terms of the Service, understood his contents and agree to be bound by his stipulations, including you agree to the following requirements: (i) you must be an adult, (ii) you must register in the Service by creating a username and password; acounts registered by “bots” or other automated methods are not permitted, (iii) you agree to provide us with accurate, complete, and current registration information about yourself, (iv) you are responsible to ensure that your password remains confidential and secure (v) your account, login and password can be used only by one single person, (vi) you may create separate accounts for as many people as you are permitted by the paying package you have chosen to use, (vii) you agree that you are fully responsible for all activities that occur under your username and password, (viii) you undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your account and/or any breach of these Terms.

If you not intend to be bound by the stipulations herein, you should abstain from the use of the Service. This terms constitutes a full and complete agreement concluded by and between you and the Service and supersedes any previous offers, statements and agreements which may have been concluded with the Service in connection with the used the Service.

If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that the Service is entitled to rely on your instructions. In that case, “you” and “your” refers to you and that Organization.




1. THE SERVICE

The Service provides services electronically only for legal persons or other organizations having legal capacity. Services provided by the Service are indicated in the “Price List” at the https://www.primetric.com/#/pricing.

The Service Provider of services is Grenade HUB sp. z o.o. (limited liability company) having its registered office in Wroclaw at Fabryczna 16 Street, entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000640027, NIP (tax identification number): 8992799334, REGON (National Official Register of Business Entities): 365540848.

The Service is a resource to project planning, timesheets, estimating project costs, measuring projects, teams, and people’s performance or finding the specialists best suited to your projects. The Service is provided on an (“as is”) basis. The Service may continue to change over time as we refine and add more features. We reserve the right, at any time, to add, modify or discontinue any feature, functionality or any other tool, within the Service, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement via the Service or by sending you an email

Access to the Service is via Internet only and is possible with Google Chrome in the newest versions.

The Service is accessible to you continuously; it is, however, possible that the Service Provider will temporarily suspend the access to the Service for technical reasons (due to a breakdown, necessity to fix, maintain, modernize or expand the systems supporting the Service). In case of a technical break which lasts longer than 24 hours, you may extend the subscription period, during which the technical break took place, for as many days as the break lasted.

You hereby acknowledge that your purchase of the Service hereunder are not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of: (i) a certain Service beyond its current Subscription Term; or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.

You acknowledge and agree that the Service may allow for communication with websites, services, and applications operated or provided by third parties (“Third Party Services”).

The Service is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. The Service does not make any representations or warranties with respect to Third Party Services. Any exchange of data information or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions. You make use of the Third Party Service at your own Risk.

The Service will provide technical or other support for the Service. If you have questions or concerns, please contact us at support@primetric.com.

2. TRIAL PERIOD

The Service may offer a free trial period (“Trial Period”). Information on the length of the Trial Period is given at http://www.primetric.com. We reserve the right to modify, cancel and/or limit this Trial Period at any time and without liability or explanation to you.

Note that we may offer, from time to time, certain Services in an Beta versions (“Beta”) and we use best endeavors to identify such Beta as such. Beta are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.

After the Trial Period has expired, in order for the Service to work correctly, you are obliged to complete company details indicated when registering the company in the Service and pay the subscription fee.

We make no promises that any Trial Period and/or Beta will be made available to you and/or generally available.

3. ACCOUNT REGISTRATION AND ADMINISTRATION

To register to the Service for the first time, you shall create an account with the Service. By creating an account (“Account”) and registering to the Service you become The Service customer (“Customer”). The first user of the Account is automatically assigned as the Account administrator (“Admin”).

The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data and (iv) integrate or disable integration with Third Party Services. You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.

The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data and (iv) integrate or disable integration with Third Party Services. You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.

Customer is responsible for the activities of all of its Users, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.

4. PRICING AND PAYMENT

Our order form may be completed and placed in various ways, among which, an online form or in-product screens or any other mutually agreed upon offline form delivered by Customer or any of the other Users to the Service, including via mail, email or any other electronic or physical delivery mechanism (“Order Form”). Such Order Form will list, at the least, the Service ordered, subscription plan, term and the associated fees.

The Service is provided on a subscription basis for the term specified in your Order Form, in accordance with the respective subscription plan purchased under such Order Form (“Subscription Term” and “Subscription Plan”, respectively, and collectively “Subscription”).

In consideration for the provision of the Service (except for Trial Period), Customer shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable Order Form (“Subscription Fees”). The Subscription Fee is given in net value (i.e. does not include VAT). Unless indicated otherwise, The subscription Fee is expressed in: EUR, USD, PLN. Subscription Fees can be paid via bank transfer, credit or debit card or an online payment system.

Customer hereby authorizes us, either directly or through our payment processing service, to charge such Subscription Fees via Customer’s selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable.

The invoice is issued no later than on the 15th day of the month following the month when the Subscription Fee for the Service has been paid, and it is sent at the Customer’s request. The invoice amount is calculated based on the Price. When calculating the price, special offers organized by the Service Provider and discounts awarded individually by the Service Provider are also taken into account.

We reserve the right to change the Subscription Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal.

In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.

You are responsible for all applicable taxes, however designated, incurred in connection with your use of the Service, including but not limited to national, state or local provisions of the law, excise, VAT, and use taxes and any taxes or amounts with the exclusion of the income tax on net profits of the Service.

Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.

5. PUBLIC CONTENT

The Service may have certain features that allow you to submit comments, information, and other materials publicly (collectively, “Public Content”) and share such Public Content with other Users, or the public. By submitting Public Content through the Sites, you grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Public Content in connection with providing the Service to you and other users in accordance with your settings on the Service.

This license also includes the right to modify or adapt your Public Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Public Content to conform and adapt that Public Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Third Party Services with whom we work to provide the Service.

All Public Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole property of the person who originated such Public Content. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Public Content or communications posted via the Service or endorses any opinions expressed via the Service.

The Service is not obligated to backup any Public Content, and your Public Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Public Content if you desire.

If you use or rely on any Public Content or materials posted via the Service it is at your own risk. Under no circumstances will the Service be liable in any way for any Public Content, or any loss or damage of any kind incurred as a result of the use of any Public Content in the Service.

You are solely responsible for your Public Content. You assume all risks associated with use of your user Public Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your user Public Content that personally identifies you or any third party.

6. PRIVACY

The Service care about your privacy. The Service collect, use and share personally identifiable information and non-personally identifiable information necessary to use of the Service. We use your personal data and data information to provide and improve the Service and to inform you about the Services. The Service takes special care to protect your interests and in particular ensures that the data collected are: (i) processed in accordance with the law, (ii) collected for specified, legitimate purposes and not subject to further processing not in accordance with those purposes, (iii) factually correct and adequate in relation to the purposes for which they are processed and stored in a form enabling identification of the persons to whom they relate, no longer than necessary to achieve the purpose of processing.

The administrator of personal data collected via the Service is Grenade HUB sp. z o.o. (limited liability company) having its registered office in Wroclaw at Fabryczna 16 Street, entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000640027, NIP (tax identification number) : 8992799334, REGON (National Official Register of Business Entities): 365540848, phone. +48 71 773 30 10, e-mail address: info@primetric.com. ("Administrator", “Service”).

The administrator of personal data collected via the Service is Grenade HUB sp. z o.o. (limited liability company) having its registered office in Wroclaw at Fabryczna 16 Street, entered into the register of businesses held by the District Court for Wroclaw – Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS 0000640027, NIP (tax identification number) : 8992799334, REGON (National Official Register of Business Entities): 365540848, phone. +48 71 773 30 10, e-mail address: privacy@primetric.com. ("Administrator", “Service”).

The Service processing personal data for using the Service, and selling products, direct marketing regarding own products and services, detecting, prevental technical issues, notifying you about changes to the Service, providing support to the Service, constituting the so-called legitimate interest of the Service. Personal data for these purposes will be processed on the basis of art. 6 clauses 1 lit. b), c) and f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (“GDPR”).

After expressing separate consent, pursuant to art. 6 clauses 1 lit. a) GDPR, data may also be processed for the purpose of sending commercial information by electronic means or making phone calls for direct marketing - respectively in connection with art. 10 paragraph 2 of the Act of July 18, 2002 on the provision of electronic services or art. 172 sections 1 of the Act of July 16, 2004 - Telecommunications Law, including those managed as a result of profiling, provided that you have given appropriate consent.

The submission of personal data is voluntary, although the refusal to submit it is equivalent to inability of using the Service.

The Service may processed your personal data for the period necessary to perform the Service, after which the data subject to archiving will be stored for the period appropriate for limitation of claims, i.e. 6 years. Personal data processed for marketing purposes covered by the statement of consent will be processed until the consent is withdrawn.

Personal data may be made available to entities supporting or intermediating in the provision of services, implementation of concluded contracts, as well as public bodies in relation to obligations resulting from the provisions of the generally applicable law.

The Service ensures compliance with all rights resulting from the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general data protection regulation), i.e. the right to access, rectify and delete personal data, the right to limit their processing, the right to transfer them, not to be subject to automated decision-making, and the right to object to the processing of personal data. The Service will respond of any requests within 30 days.

In connection with the processing of your personal data by the Service, you are entitled to submit a complaint to the supervisory body, which is the Inspector General for Personal Data Protection (address: Inspector General for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).

Personal data may be transferred outside the European Economic Area to Google LLC based on appropriate legal safeguards, in particular Commission Implementing Decision (EU) 2016/1250 adopted under Directive 95/46 / EC of the European Parliament and of the Council on the adequacy of protection provided by the EU-US Privacy Shield (notified under document number C (2016) 4176).

Personal data may be processed in an automated manner, but are not subject to profiling.

The Service within the meaning of the Act of 10 May 2018 on the protection of personal data and provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 (GDPR) is the entity processing personal data entrusted by you ("Processor") in the scope of personal data provided by you including name, surname, e-mail addresses of those who has been signed up for the service by account owner with information of them education, training, technical and operational knowledge, experience and qualifications relevant to the duties.

You remain the Administrator of personal data and declare, that data subject has given its prior consent to their further processing by the Service. The Service is the entity processing personal data entrusted by you.

You and the Processor together with the acceptance of the Terms, shall enter into an agreement for entrusting the processing of personal data.

By accepting these Terms of Use, you consent for the Service to process the data pursuant to Data Processing Agreement.

The Service offers contractual terms that meet GDPR requirements and that reflect data privacy and security commitments. By accepting these Terms of Use the agreement become legally binding. Please contact us if you have any questions.

The Processor commits to: (i) data processing only for the documented command of the Administrator - you, (ii) ensure that persons authorized to process personal data commit themselves to confidentiality or are subject to an appropriate statutory obligation of secrecy, (iii) taking data security measures required by the GDPR and helping the administrator meet these obligations, (iv) compliance with the terms of using the services of another processor - so-called the provision of data processing is acceptable to the entities providing services supporting the provision of services by the Processor, to which the user consent as the data administrator, (v) to help you meet his obligation to respond to requests of the data subject in the exercise of his rights set out in the GDPR, (vi) delete the data or return the data to you as a data administrator after processing, in accordance with his decision, (vii) provide you all information regarding the personal data entrusted, necessary to demonstrate the fulfillment of his duties and to enable him or the auditor authorized by him to carry out audits.

The Service stores personal data in connection with the use of the Service, for the time necessary to perform the Agreements with the Service Provider and for the time when it is possible to pursue claims in connection with transactions concluded on the Service.

In addition, data information may be stored for the purpose of preventing abuse and fraud, for statistical and archiving purposes for a period of 6 years from the date of the event causing the need to terminate processing.

At the same time, for the sake of accountability, we will store data for the period in which the Service Provider is obliged to maintain data or documents containing them to document the fulfillment of legal requirements, including the possibility to control their fulfillment by public authorities.

The Service declares that personal data are can be transferred to third countries (i.e. outside the European Economic Area).

Personal data will be processed in an automated manner (including in the form of profiling), however, it will not cause any legal effects to you or in a similar way significantly affect your situation, without human participation. The purpose of profiling is to gather information about the activity within the Service and your preferences.

7. LICENSE TO USING THE SERVICE

Subject to these Terms, The Service gives you a personal, worldwide, royalty-free, non-assignable, non-sub licensable and non-exclusive license to use the Service.

In order to enable the use of the Service by User, the Service grants him the right to: (i) use the Service for his own use and in accordance with the scope of his activity, (ii) present, display and replay them publicly in a way the Service that will enable any person to access them in a chosen place and time, (iii) display and distribute any content of the Service in accordance with the scope of his activity.

We reserve all rights in the Service (including all intellectual property rights) not expressly granted in these Terms. We can terminate this license at any time for any reason or for no reason.

8. YOUR CONDUCT

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. The Service will not be responsible or liable for any use of your Content by the Service in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, including all necessary rights to upload your Content for use in accordance with these Terms.

You agree not to post Content that: (i) you do not have consent your employees and coworkers to the processing and entrusting of personal data to the processing (ii) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (iii) may create a risk of any other loss or damage to any person or property; (iv) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current.

You agree that any content that you post does not and will not violate rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.

We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of the Service.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Service. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review content for compliance with our community guidelines, but you acknowledge that the Service has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, or any other information you may be able to access using the Service.

9. DATA RECOVERY

The Service will maintain and backup the Service data on third party servers. The frequency of backup will be determined in its sole discretion by the Service and can be changed at any time. The Service is not responsible for any loss of data and will endeavor in its best efforts to recover the data to the most recent point of time from when the data loss occurred.

10. CONFIDENTIAL INFORMATION

In connection with these Terms and the Service (including the evaluation thereof), each party (“Disclosing Party”) may disclose non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after the Effective Date (“Confidential Information”) to the other party (“Receiving Party”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Site, Service, Trial Service and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Service, are regarded as our Confidential Information. Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

10. CONFIDENTIAL INFORMATION

The property rights pertaining to the Software and trademarks. The Service keeps the entire author's property and moral rights as well as intellectual property rights to the Service, and made available to you in accordance with the provisions herein. The Software is protected by the laws of the European Union and provisions of international conventions. You are responsible for observance of the provisions herein in the scope of the use of the Software, without limitations, up to the value of damage incurred by Service.

Service shall bear no responsibility for damage of any kind, resulting from the use or inability to use the Service. Any rights which were not granted expressly to you, pursuant to the provisions of these terms, shall be reserved for the Service.

Nothing in the Terms gives you a right to use the Service Provider name or any of the Service Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and you acknowledge and irrevocably agree that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

11. THE SERVICE PROPERTY, COPYRIGHTS, AND FEEDBACK

The property rights pertaining to the Software and trademarks. The Service keeps the entire author's property and moral rights as well as intellectual property rights to the Service, and made available to you in accordance with the provisions herein. The Software is protected by the laws of the European Union and provisions of international conventions. You are responsible for observance of the provisions herein in the scope of the use of the Software, without limitations, up to the value of damage incurred by Service.

Service shall bear no responsibility for damage of any kind, resulting from the use or inability to use the Service. Any rights which were not granted expressly to you, pursuant to the provisions of these terms, shall be reserved for the Service.

Nothing in the Terms gives you a right to use the Service Provider name or any of the Service Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and you acknowledge and irrevocably agree that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

12. ACCEPTABLE USE OF THE SERVICE

The Service is you to use the service responsibly. Using the Service, you declare that you meet the requirements of the GDPR and undertake to comply with them. You must not, and must not attempt to do the following things: use the Service for any unlawful purposes or for promotion of illegal activities; post any content and information with a broader scope than required by the Service including name and surname other people, post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as name and surname other people, credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; send spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, the Services computer systems, or the technical delivery systems of the Service’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. You agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the Service.

13. INTELLECTUAL PROPERTY NOTICE

The Service respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to privacy@primetric.com. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

14. THIRD-PARTY LINKS

The Service may allow for communication of the user with websites, advertisers, services, special offers, or other events or activities and Internet services of third parties ("Links"). The Links are beyond control of the Service and the Service shall bear no responsibility for the contents of any Links, including but not limited to links included in them and alterations or updates introduced thereto. The Service makes the functionality of the Links available only for the purpose of communication facilitating, and placing of any Link shall not be construed as support of the Service for this Link or proof of any connections of the Service with its operators.

You expressly relieve the Service from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such third parties. Many of these third party services expressly disclaim all warranties, support or other liabilities or obligations to you in respect of their software or service. You should read the applicable Terms of Service and Privacy Policy of any third party link or service before using it.

15. INDEMNITY

To the fullest extent allowed by applicable law, you agree to indemnify and hold the Service, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of the Service (including any actions taken by a third party using your account), and (ii) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

16. SECURITY

The Service uses SSL-encrypted connections by default. The Service uses a secure server and all supplied sensitive/financial data is transmitted via Transport Layer Security (SSL/TLS) technology and then encrypted into our Payment gateway providers' database only to be accessible by those authorized with special access rights to such systems. By law they are required to keep the information confidential.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the use of the Service Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Your relationship to the Service is that of an independent contractor, and neither party is an agent or partner of the other.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Service’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Service may freely assign these Terms and any rights or obligations of the Company under these Terms, including but not limited to your Account or any data stored therein. The terms and conditions set forth in these Terms shall be binding upon assignees.

18. NO WARRANTY

Though we want to provide a great service, there are certain things about the Service we can’t promise. The service and software are provided “as is”, and to the fullest extent permitted by law. The Service and software excludes granting of guarantees, both express and implied, including granting of any warranties for physical and legal defects of the software in an unlimited manner.

Without prejudice to the provisions hereinabove, The Service make an express reservation that it does not guarantee compatibility of the Service and software with the expectations of you or that its use will be made in an uninterrupted or error-free manner. Responsibility for selection of the Service and software in a manner fulfilling their expectations and for results of its use shall be borne by you. You shall also bear all the risks connected with the quality and functioning of the Service and software.

Under no circumstances shall the Service be held responsible for any damage or lost profits, indirect accidental, consequential, extraordinary, exemplary or penal, with regards to you or any third person connected with them, even if such company or partnership was not informed of the possibility of occurrence of such damage.

19. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will the Service, its affiliates, officers, employees, agents, suppliers or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not the Service has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose, (ii) aggregate liability for all claims relating to the Service more than the greater of $500 or the amounts paid by you to the Service for the past three months of the service in question.

The Service is controlled and operated from its facilities in Poland. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Polish and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Poland, or are a foreign person or entity blocked or denied by Polish government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Poland.

20. NOTICE

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.

Any notice provided to the Service hereunder shall be in writing to the notice address set forth above and shall be deemed given: (i) upon receipt, if by personal delivery, (ii) upon receipt, if sent by certified or registered Mail (return receipt requested), or (iii) one (1) day after it is sent, if by next day delivery by a major commercial delivery service. Notices sent via email are deemed received at the time that the notices are sent.

The Service reserves the right to disseminate marketing information pertaining to this Agreement in the scope of communicating information about execution of the provisions of this Agreement to the public.

21. MISCELLANEOUS

All sections of these Terms which by their nature should survive termination of any agreement between you and the Service, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

This Term is subject to and shall be construed in accordance with the provisions of the law of the European Union, including Polish Law, without regard to the provisions on conflict of laws. Any claims or disputes resulting from these terms shall be examined by the courts competent for the registered office of the Service. Within the maximum, legally admissible scope you agree for jurisdiction and competence of these courts and abandon any objections to be made with regards to jurisdiction and competence of those courts.

Non-assertion of rights resulting from this Terms by any of the Parties, or non-action in case of violation of the provisions herein shall not be construed as waiver of further assertion of rights or taking of actions against the other party by such party in case of future violations.

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

No supplement, modification, or amendment of these Terms shall be binding unless executed in writing by a duly authorized representative of each party.

22. CONTACT US

If you have any questions about these Terms, please contact us.

Primetric 2020