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Terms of use

WELCOME TO THE SAILING BYTE WEBSITE TERMS AND CONDITIONS FOR USE.

These terms and conditions outline the rules and regulations for the use of  https://sailingbyte.com/ a website, applications and services that are operated by Sailing Byte sp. z o. o..

BY ACCESSING THIS WEBSITE, USING ANY OF SAILING BYTE SERVICE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

By accessing this website or using our service we assume you accept these terms and conditions in full. Do not continue to use Sailing Bytes’ services if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this service and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Poland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

“Service” is any application, service, plugin or website provided and owned by Sailing Byte.

1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use our services.

1.3 We employ the use of cookies. By using Sailing Byte’s service you consent to the use of cookies in accordance with Sailing Byte privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

1.4 Unless otherwise stated, Sailing Byte’s service and/or it’s licensors own the intellectual property rights for all material on Sailing Byte

1.5 All intellectual property rights are reserved. You may view and/or print pages from https://sailingbyte.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

·        Republish material from https://sailingbyte.com/

·        Sell, rent or sub-license material from https://sailingbyte.com/

·        Reproduce, duplicate or copy material from https://sailingbyte.com/

·        Redistribute content from Sailing Byte (unless content is specifically made for redistribution).

2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING
3.1 Our prices do include VAT that is added to your order, if you specify that you are located in country that requires VAT payment.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3 Our prices are reviewed on regular basis and may change at any time.

4. REFUNDS POLICY
4.1 No monies will be refunded.

4.2 Admin Fee of 20 Euro can be applied to changes in membership status.

5. LICENCE
5.1 You are permitted to print and download extracts from this Service for your own use on the following basis:
(a) no documents or related graphics on this Service are modified in any way;
(b) no graphics on this Service are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Service (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Service other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Service automatically terminates and you must immediately destroy any downloaded or printed extracts from this Service.

5.3 Subject to clause 5.1, no part of this Service may be reproduced or stored in any other Service or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Service is normally available 24 hours a day, we will not be liable if for any reason this Service is unavailable at any time or for any period.

6.2 Access to this Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Service will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Service any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Poland or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the Service (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Service are provided solely for your convenience. If you use these links, you leave this Service. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Sailing Byte logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Sailing Byte trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. REGISTRATION
9.1 To register with https://sailingbyte.com/ you must be over eighteen years of age.

9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Service may be out of date, and we make no commitment to update such material.

10.2 The material on this Service is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Service.

11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Service), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Service in any way or in connection with the use, inability to use or the results of use of this Service, any websites linked to this Service or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Service or your downloading of any material from this Service or any websites linked to this Service.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Service, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with Polish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Polish courts.

12.2 We do not warrant that materials/items for sale on the Service are appropriate or available for use outside the Poland. It is prohibited to access the Service from territories where its contents are illegal or unlawful. If you access this Service from locations outside the Poland, you do so at your own risk and you are responsible for compliance with local laws.

13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

14. SERVICE

14.1. Registration and standard service is free

14.2. Service is provided by Sailing Byte

14.3. It is only allowed to use free service via Sailing Byte website. Only premium users are allowed to use API.

14.4. Your IP might be blocked if we detect service abuse

14.5. Service is free and limited by assigned server resources

14.6. Each app has different API endpoint, as noted in documentation.

14.7. By registering you are assigned API key you may use for yourself, testing or app development

14.8. Some services have only paid version

14.9. API call results using free key are removed after one month.

14.10. API call results using premium key are held on server as long, as subscription lasts

14.11. If you are registered user, you may amend and remove all your data as you wish

14.12. Please note, that by using free service/current demo other users, who visit your links, might view your shared data

14.13. Premium account allows you to use password protected links

14.14. Integration code samples are free to use

14.15. We respect your decision to block ads, although we discourage it, as service is provided for free

14.16. Free part of service is only for non-comercial use only

14.17. Terms may change at any time

14.18 Should you encounter any errors or omissions, please contact us

14.19. Anyone found reproducing, transmitting or copying the content from this Service will face legal action

14.20. It is the responsibility of the member to check the terms, conditions and veracity of any offer

14.21. Sailing Byte cannot offer advice or support to those members who DO NOT to follow these guidelines

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the Service are provided free of charge, we will not be liable for any loss or damage of any nature

Contact:

Sailing Byte sp. z o.o.

Janka Wisniewskiego 20/105
81-335 Gdynia
tel. 58 500 83 93

REGON: 367220303, NIP: 9581680253
KRS: 0000676431
VIII wydzial gosp w Gdansku