Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THE SITE IN ANY WAY, INCLUDING BROWSING THE SITE, USING ANY INFORMATION, CONTENT, OR SERVICES, DOWNLOADING ANY SOFTWARE OR FILES, OR PLACING ORDERS FOR PRODUCTS, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH ITLN AND HEREBY AGREE TO ABIDE BY THESE TERMS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, PLEASE DO NOT USE THE SITE IN ANY WAY. THE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN ITLN AND YOU.

Definitions

For the purposes of these Terms and Conditions:

• “Account”: refers to a unique account created for you to access the Website, Service and/or Applications.
• “Applications”: refers to the software applications offered by ITLN. The Applications are available for download, purchase or delivered on the Website.
• “Services”: refers to the services offered by ITLN via the Website and the Applications.
• “Terms”: refers to this document.
• “Website”: refers to the website and the platform of ITLN.
• “User”: refers to any entity which has set up an Account or uses the Website, Service and/or Applications.

Responsibility of Users

In general, Users undertake to comply with the Terms as well as with the applicable laws and regulations. Users are responsible for their use of the Services in general as well as for their consequences.

When using the Services, Users undertake in particular to:

• Provide accurate, complete and true information and systematically update it in case of change;
• Respect the image and the reputation of ITLN;
• Not modify or alter the Services, in whole or in part;
• Not restrict the use of the Services by any means and not falsify any mention or element of the Services;
• Not spread or attempt to spread computer viruses or other harmful elements through the Services;
• Not integrate in an IT system, not alter the content, not send numerous unsolicited messages via the Services;
• Not remove the content from the Services or from their database, in particular by using automated programs;
• Not send their personal password to a third party;
• Not use the Services for purposes contrary to the rules in force or infringe the rights of third parties (including intellectual property and privacy);
• Not attempt to and refrain from working around, disabling, or otherwise disrupting any security-related function of the Services, or preventing or restricting the use or copying of the Content or imposing any restrictions on the use of the Services or of content accessible from the Services;
• Not distribute, in whole or in part, the Services, including the content, on any other medium, without the prior written consent of ITLN;
• Not harm ITLN in general.

ITLN reserves the right to delete a User's Account and/or deny it access to the Services without notice and without prejudice to other rights and actions that it may be entitled to claim in the event that a User uses the Services in an inappropriate manner.

Content of Users

ITLN provides access to a platform to a community of members as well as a discussion forum. As a condition of use, you promise not to use this Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by ITLN. By way of example, and not as a limitation, you agree not to use the service:

• To abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any content or communications that are illegal, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the Services;
• To create or transmit unwanted spam to any person or any URL;
• To post copyrighted content or other communications that do not belong to you;
• To use any robot, spider, scraper or other automated means to access the Website or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services;
• To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To promote or sell content or other copyrighted material of another person or third-party;
• To transmit any worms or viruses or any code of a destructive nature.
• While ITLN prohibits such conduct and content on the Services, you understand and agree that ITLN cannot be responsible for the content posted on the Services and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

ITLN will normally only delete content that violates these Terms, however ITLN reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by ITLN in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ITLN encourages you to maintain your own backup of your content. In other words, ITLN is not a backup service and has no obligation to return your content to you at any time.

ITLN does NOT claim ANY ownership rights in content that you post on the Services. By displaying or publishing (“posting”) any content on or through the Services, you hereby grant to ITLN a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Services in any media formats through any media channels.

Responsibility of ITLN

ITLN may not be held liable for any direct or indirect damage, losses or costs resulting from the use of the Services, the inability to use the Services, a malfunction, maintenance interruption, the technical failure of the server, interrupted internet access, a virus, a line or system issue or for any other reason.

ITLN may not be held liable for any damage to the IT system of Users, for loss of data, or for any other damage resulting from access to or the use of the Services by Users.

USERS UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS.”

OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THESE TERMS IS LIMITED TO FIVE (5) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Personal data

ITLN carries out automated processing of their personal data for the purpose of using the Services and to process and manage the business relationship and to sell the subscription to the Services.

Every User has access, modification, correction, limitation, portability and removal rightsin relation to their data, as well as a right of opposition.

For this purpose, please contact the support service at https://itln.pl/en/software/contact.

Purchases

We are constantly updating our Servuces and Applications and they may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products on the Website and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You warrant that you are legally capable of entering into binding contracts before purchasing a Service or an Application.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

• Services and/or Applications availability
• Errors in the description or prices for the Services and/or Applications
• Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Product delivery

ITLN ships no physical products. Any details necessary to enable User to download and/or use the purchased Application will be delivered by via email to the email address provided by User and will be available in User's Account. User is responsible for providing a valid email address for delivery purposes.

Should ITLN Applications not be delivered immediately, ITLN will use its commercially reasonable efforts to deliver them within 5 business days of the order acceptance, unless otherwise provided by any agreement between ITLN and User. ITLN shall not be liable for any failure to deliver Application within this timeframe.

ITLN shall not be liable for any failure to deliver Application to User due to non-delivery of an email message.

Refund

Any User in the position of an Individual Consumer has the right to withdraw from the Application or Service purchase contract within 30 (thirty) days without giving any reason. To exercise the right of withdrawal, User must inform ITLN of the decision to withdraw from the purchase using email.

We will reimburse you no later than 30 (thirty) days after you return the product. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.

Subscriptions

Some Services and Applications are billed on either a monthly or annual basis. You may cancel your subscription any time through the user account. Subscription will auto-renew monthly or annually depending on your membership plan. If you cancel, refunds or account access and/or availability is determined and/or granted by an ITLN employee. Membership benefits entailing software benefits or software upgrades are revoked when a membership is in the cancellation or deactivated state.

Upon renewal, if your credit card is declined for payment of your membership fee, you will have 14 days to provide us with a new credit card or update your payment method or your subscription will be canceled. If you provide us with a new or updated card and the transactions is successful within 14 days, your membership renewal period will be based on the original renewal date and not the date of the successful transaction.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD OR OTHER PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Trial and demo access

We will sometimes offer certain groups, partners, and/or customers various trial or promotional subscriptions, which are subject to these Terms except as otherwise stated in the promotional offers. Such trial members may at any time (through the Account) choose not to continue or to continue a paid subscription at the end of the trial period.

Duration of access to the Services

The Services are accessible via the Website and/or the Applications twenty-four (24) hours a day, seven (7) days a week.

For Services with subscription, they are accessible throughout the User's subscription period until it decides to terminate its subscription and/or deletes its Account.

However, due to the nature of the internet, ITLN does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.

Interruption of the Services

ITLN reserves the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular to carry out corrective or ongoing maintenance or to develop the content or presentation. Wherever possible, ITLN will inform Users prior to a corrective or ongoing maintenance operation.

In addition, Users recognise that the Services may be interrupted for reasons beyond the control of ITLN and that ITLN cannot guarantee continued access to the Services.

In all cases, ITLN may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.

Users are requested to inform ITLN of any technical issue they encounter when browsing and/or using the Services by sending an email and describing the issue encountered at: https://itln.pl/en/software/contact.

Intellectual property

Certain elements (including editorial, illustrations, studies and videos) on the Website and/or the Applications and/or the Services are protected by intellectual property laws, particularly copyright, and are the exclusive property of ITLN.

Similarly, the trademarks, logos, graphics and animations on the Website and/or the Applications and/or the Services are the exclusive intellectual property of ITLN.

It is agreed that the Terms shall not result in any assignment of the intellectual property rights of ITLN.

ITLN personally grants to Users the non-exclusive, non-transferable right to use the Website and/or the Applications and/or the Services. They are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling or otherwise attempting to obtain the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights to the Website, the Applications, and the Services.

Users undertake not to modify the Website, the Applications, the Services or the related software in any way and/or not to use any modified versions thereof, including (but not limited to) to gain unauthorised access to the Website and/or the Applications and/or the Services. In particular, Users agree not to access the Services by any means other than the Website and/or the Applications.

Users are prohibited from exporting, extracting or scraping the Content developed by ITLN on their Services and Applications for use outside the ITLN Services, using other similar tools or products.

Use of Applications

The Applications that are made available on and from this Website are the copyrighted material and work of ITLN. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement.

Unauthorized duplication of Applications is a Federal crime. The Software & Information Industry Association (SIIA), states “anyone who violates any of the exclusive rights of the copyright owner … is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make “another copy for archival purposes only,” which are specifically provided in the Copyright Act (Section 117).

Links to Other Websites

Our Services and Applications may contain links to third-party web sites or services that are not owned or controlled by ITLN.

ITLN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ITLN 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Application and amendments of the Terms

ITLN reserves the right to amend the Terms at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical development of the Website, the Applications and/or the Services.

The version that takes precedence is the one that is accessible online at the date of use of the Website, the Applications and/or the Services.

Any use of the Website, the Applications and/or the Services by Users subsequent to the publication of the amended Terms implies their acceptance of the new Terms.

Users will be informed of changes regarding the Terms.

In the event that Users disagree with the amended Terms, they must stop accessing the Website and/or the Applications and stop using the Services.

Applicable law

ANY DISPUTES RELATING TO THE SERVICES OR APPLICATIONS, INTERPRETATION OR PERFORMANCE OF THE TERMS AS WELL AS TO THE SUBSCRIPTION CONTRACTS TO THE SERVICES OR CONTRACTS SUBSEQUENT TO OR THE CONSEQUENCE THEREOF SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF POLAND, EVEN IN THE CASE OF THE INTRODUCTION OF THIRD PARTIES OR MULTIPLE DEFENDANTS.

Version dated April 13, 2023.