Terms of Use

The following Terms of Use outline your obligations when using the website www.tbs-apps.com.

Acceptance of Terms of Use

The web pages available under the domain www.tbs-apps.com and all linked pages (the “Web site”), are owned and operated by ToBeSmart Sp. z o.o. and is accessed by you under the Terms of Use described below (the “Terms of Use”).

By (i) using this Web site in any way, including using, transmitting, downloading or uploading the Software, Content or Services (as these terms are defined below) made available or enabled via the Web site by ToBeSmart Sp. z o.o., or (ii) using the web forum contained on Web site which comprehend the responses to generic questions from ToBeSmart’s engineers and from the community, or (iii) merely browsing the Web site, you agree to become bound by these Terms of Use. “Content” means any materials displayed, transmitted or performed on the Web site or through the Software (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software). “Software” means any software made and/or published by ToBeSmart Sp. z o.o. The general specification of the then current version of the software is contained on the Web site. “Services” means the support services provided by the ToBeSmart Sp. z o.o. on the basis of separate agreement.

Use of the Software, Content and Services

Any Software that is made available via the Web site is the property of ToBeSmart Sp. z o.o. (or third parties (our partners)). Use of such Software is governed by the terms of the license agreement relating to the Software. You shall not use, download or install any Software unless you agree to the terms of such license agreement. Unless the license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location. Certain Content and/or Services may also be subject to a subscription or other agreement. If there is any conflict between the Terms and such respective agreement, the respective agreement shall take precedence in relation to that Software, Content or services.

ToBeSmart Sp. z o.o. makes some Software, Content or Services available only if you have paid a fee.

You hereby acknowledge that for correct use of the Web site it may be sometimes necessary to store some data to your system, otherwise the Web site may not function correctly. You are solely responsible for applying the appropriate setting of your browser and system.

ToBeSmart Sp. z o.o. may change, suspend or discontinue the availability of the Software, Content or Services for any reason, at any time. ToBeSmart Sp. z o.o. may also impose limits on certain Content or Services or restrict your access to parts or all of the Web site without notice or liability.

You agree to use the Web site only for purposes that are permitted by this Terms of Use and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction.

User conduct

As a condition of use, you are obliged not to use, or encourage or permit others to use, the Web site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ToBeSmart Sp. z o.o., including, without limitation

1. to abuse, harass, threaten, impersonate or intimidate other Web site users;
2. to post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Web site user;
5. to create or submit unwanted email (“Spam”) to any other Web site users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. to advertise to, or solicit, any user to buy or sell any products or services;
9. attempt to impersonate another user or person;
10. engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
11. use any ToBeSmart Sp. z o.o. domain name as a pseudonymous return email address;
12. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
13. access or use the Web site in any manner that could damage, disable, overburden or impair any ToBeSmart Sp. z o.o. server or the networks connected to any ToBeSmart Sp. z o.o. server;
14. use any data mining, robots, or similar data gathering and extraction methods in connection with the Web site.

ToBeSmart Sp. z o.o. may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.

You are solely responsible for your interactions with other users of the Web site. ToBeSmart Sp. z o.o. reserves the right, but has no obligation, to monitor disputes between you and other users.

Intellectual Property Rights

The trademarks, logos and service marks displayed on the Web site (the “Marks”) are the property of ToBeSmart Sp. z o.o. or third parties are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). You are not permitted to use the Marks without the prior consent of ToBeSmart Sp. z o.o. or the third party that may own the Marks, except for the intelligence purposes and recommendation that is not likely to cause confusion. In particular, at no time you are entitled to alter or modify the Marks in any manner. ToBeSmart Sp. z o.o. ‘s Marks may be used only in connection with the Software.

By submitting content to the Web site (such as: by asking or answering on the forum, submitting a suggestion, or posting or commenting on an issue or blog post), you automatically grant to ToBeSmart Sp. z o.o. unlimited and royalty-free right to store, reproduce, alter, cite, and utilize such content for all purposes permitted by law, including the right to grant the sub-license in the same extent (and any other right we may need).

Links

The Web site may include, or third parties may provide, links to other sites or resources. Because ToBeSmart Sp. z o.o. has no control over such sites and resources, you acknowledge and agree that ToBeSmart Sp. z o.o. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ToBeSmart Sp. z o.o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

International Access

This Web site can be accessed from countries around the world and may contain references to services and content that is not available in your country. These references do not imply that ToBeSmart Sp. z o.o. intends to announce such services or content in your country.

This Web site is controlled, operated and administered by ToBeSmart Sp. z o.o. from its offices in the Republic of Poland. ToBeSmart Sp. z o.o. make no representation that the Web site, services or content are appropriate or available for use at other locations outside the Republic of Poland, and access to the Web site from jurisdictions where the Web site, services or content are illegal is prohibited. ToBeSmart Sp. z o.o. reserve the right to block access to the Web site, services or content by certain international users. If you access the Web site from a location outside the Republic of Poland, you are responsible for compliance with all local laws.

Indemnity

You will indemnify and hold harmless ToBeSmart Sp. z o.o., its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by you or any third party due to or arising out of your access to the Web site, use of the content or services, violation of the Terms of Use by you, or the infringement by you, or any third party using your Account Information, of any intellectual property or other right of any person or entity.

Modifications of the Terms of Use

ToBeSmart Sp. z o.o. reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, ToBeSmart Sp. z o.o. may notify you by posting an announcement on the Web site. What constitutes a “material change” will be determined at ToBeSmart Sp. z o.o.’s sole discretion, in good faith and using common sense and reasonable judgment. Regardless of stated above, you shall be solely responsible for reviewing and becoming familiar with any such modifications. Use of the Web site, Content or Services by you following such a modification of Terms of Use constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

Termination

ToBeSmart Sp. z o.o. may terminate or suspend your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy Policy

Please also visit our Privacy Policy which outlines mutual rights and obligations and practices towards handling any personal information that you may provide to us.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind ToBeSmart Sp. z o.o. in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ToBeSmart Sp. z o.o. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ToBeSmart Sp. z o.o.’s reasonable control, including, without limitation, mechanical, electronic or communications failure. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with ToBeSmart Sp. z o.o.’s prior written consent. ToBeSmart Sp. z o.o. may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

Contacting Us

If there are any questions regarding this terms of use you may contact us.