Terms of Use | IT-Magic

Effective date: August 08, 2024
Last modified: August 08, 2024

Acceptance of the Terms

Prior to utilizing or intending to utilize any services available on the website located at https://itmagic.pro/ (the “Website”), which is owned and operated by IT-Magic Sp. z o.o., a company established in accordance with the laws of Poland and the European Union (referred to as the “Company,” “we,” “us,” “our”), please carefully review these Terms of Use (the “Terms”) – a binding agreement between you and us.

By engaging with any of our services (as outlined below), you consent to adhere to these Terms. Should you disagree with any aspect of the Terms, you must promptly discontinue your use of the services.

Description of the Service

The Company, through the Website, grants you access to a range of tools, features, content, functionalities, and other services, including newsletter subscriptions, access to informational materials, and features such as “Contact Us” and “Join Us” (collectively referred to as the “Services”).

These Terms also encompass any updates, enhancements, new features, and/or the introduction of additional Services.

Privacy

Please refer to our Privacy Policy, which pertains to the handling of your personal data while using the Services.

Acceptable and Required Use of the Services

Eligibility

You affirm that you are an individual, legal entity, or organization with the complete capacity to be bound by the Terms and to bind any third party (if applicable) to its provisions when utilizing the Services. Should you lack such capacity, you or your principal (if applicable) will assume all consequences arising from your acceptance of the Terms. The Company reserves the right to deny access to the Services on reasonable grounds, one reason being your non-compliance with any of the provisions outlined in these Terms.

Your use of the Services

You are fully responsible for your utilization of the Services and any outcomes that arise from such use. You warrant that while using the Service, you will not engage in any actions intended to circumvent technical measures designed to prevent unauthorized use of the Service, especially techniques related to territorial access restrictions by IP addresses, or any actions that might alter the functional aspects or destabilize the Service. Furthermore, you agree to refrain from unauthorized blocking of advertising content within the Service unless permitted by relevant privacy regulations. Failure to comply with these requirements may result in the revocation of access to the Services.

Permissions

You grant the Company permission to implement updates and additional features to the Services you engage with.

Your obligations

While using the Services, you shall not:

Upload viruses or harmful code, or undertake any other actions that may adversely affect the Services;
Exploit the Services commercially, particularly by licensing, reselling, transferring, assigning, or distributing the Services to any third party in any manner;
Modify, decompile, or create derivative works from the Services;
Utilize the Services in any unlawful manner, in particular by infringing on the rights of others;
Facilitate or support any actions described above.

Disclaimers

You utilize the Services at your own risk, subject to the disclaimers outlined in these Terms.

Representations and warranties

You explicitly affirm, declare, and warrant that:

You meet all eligibility criteria as specified in these Terms and any applicable law, and you are solely responsible for your use of the Services;
You will not undertake actions that disrupt the normal operation of the Services or violate any pertinent laws, whether using software or through direct actions within the Services, or engage in any other illegal activities;
You authorize us to undertake necessary measures to provide you with the Services.

Intellectual Property

All software and materials made available on the Website are the copyrighted works of the Company. The Company retains all rights, titles, and interests in its copyrightable software and materials.

Your right to utilize the Services is confined to the rights expressly granted by these Terms. Such rights include a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services during the term of these Terms.

Permission to use information and content on the Website is granted, provided that you include a copyright notice and use such materials for informational and non-commercial or personal purposes only, without any alterations to the materials and contents.

You are not permitted to use any other intellectual property owned by the Company for any purpose without our explicit and written consent.

Disclaimers and Limitations of Liability

We want to reiterate that we provide the Services on an “as-is” and “as-available” basis. Therefore, we cannot (and do not) warrant that the Services will operate without interruption, be timely, or free of errors. We are not obligated to ensure the Services function on all platforms, for every device, or under specific conditions.

We disclaim all expressed, implied, or statutory warranties and conditions, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, absence of viruses, accuracy, or completeness of responses, and lack of negligence or error in performance related to our Services and the support of the Services. Additionally, there is no warranty regarding title, quiet enjoyment, or non-infringement concerning the Services. The full risk regarding the quality or outcomes of utilizing the Services remains with you.

The Company does not guarantee the suitability, accuracy, completeness, or usefulness of the informational materials available on the Website. You use such materials and make decisions based on them at your own risk and agree to waive any liability on the part of the Company regarding such use.

We do not regulate and are not accountable for how or when you choose to use the Services.

Certain links on the Website may direct you away from our Website. The linked websites are not under the Company’s control, and we are not responsible for their contents or any changes and updates made to them. The inclusion of any links does not imply the Company’s endorsement of those websites.

To the fullest extent permitted by applicable law, the Company shall not be liable for any special, incidental, indirect, or consequential damages arising from or in connection with your use of or inability to use the Services, even in cases of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty, and even if the Company has been advised of the potential for such damages.

We do not control and are not responsible for controlling how or when you use the Services.

Indemnification

You agree to indemnify and hold harmless the Company, including its officers, directors, employees, agents, and affiliates, from any claims, costs, losses, liabilities, damages, expenses, or judgments of any kind arising from or related to any complaints or proceedings that result from any actual or alleged breach of your representations, warranties, or obligations stated in these Terms, or your improper use of the Services.

Amendments

The Company reserves the right to modify, amend, or otherwise change these Terms periodically; thus, we encourage you to review this page regularly to remain informed of any changes.

Should you continue your use of the Services after such amendments, you will be deemed to have accepted all changes unless the relevant law requires the Company to obtain your explicit consent for the amendments.

Applicable Law and Dispute Resolution

These Terms and all relationships between you and the Company shall be governed by the laws of Poland and the European Union.

Any disputes or disagreements that arise from these Terms will be resolved through negotiations. For such dispute resolution, correspondence via email with the Company’s authorized representatives at [email protected] will be the effective and binding communication method. If a resolution through negotiation is not achieved within 30 calendar days, the dispute will be escalated to and finally determined by the competent court under Polish law and the laws of the European Union.

Termination

These Terms shall remain effective until terminated by either you or the Company. Notwithstanding any provisions herein, we reserve the right to terminate these Terms or suspend your access to the Services without prior notice and at our discretion, particularly in cases of your breach of the Terms or any obligations, representations, or warranties stated herein, or if we believe fraud, negligence, or misconduct has occurred. We are entitled to terminate your access to the Services and pursue legal action as permitted by applicable laws and these Terms.