Effective date: December 29, 2014.
- Provider – an entity providing access to the Site and the Product available through the Site, that is RemoteMyApp Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Al. Piastów 22, 71-064 Szczecin, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000540442, NIP (tax identification number): 9662094878, and REGON (national business registry number) number 360123502, amount of the share capital of PLN 100,000.00 covered in whole.
- Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
- Site – a website, accessible under the URL: http://remotrapp.com, and all associated sites linked to the Site, which are operated by the Provider.
- The Site and the Product is accessible worldwide to anyone with Internet access.
- The Product was designed to allow Users to have remote access to all programs and games already installed by the User, to enjoy videos and music stored on User’s computer (with Windows, Mac or Linux) or play PC games and all the Flash games. So far the Product works only on Android-based devices.
- The Provider reserves the right to change the Site and Product functionalities at any time, in particular by introducing new functions and facilities for Users.
Conditions for Using the Site and Product and Rules of Liability
Technical requirements concerning the use of the Site are as follows:
- Internet connection;
- web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
- Android-based mobile device with 3G/4G or Wi-Fi;
- It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and the Product.
- A User can hold only one licence. The licence cannot be transferred to third party or used by such a third party.
- attempts at disturbing or cutting off access to subscriptions of other Users or to their computers (DOS, DDOS attacks, DNS spoofing);
- phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent;
- entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
- unauthorized scanning of the network of the Provider or other Users in search of security gaps;
- unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Users;
- unauthorized attempts at breaking the security of a computer or network of another User;
- pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, or other information;
- taking over IP addresses;
- direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
- threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
- link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
- frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
- violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
- transmit files that contain viruses, spyware, adware or other harmful code;
- advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
- interfere with others using the Site or Product or otherwise disrupt the Site;
- transmit, collect or access Users’ personal data without the consent of those Users and the Provider;
- engage in unauthorized spidering, “scraping” or harvesting, contact or other personal data or use any other unauthorized automated means to compile information;
- defeat any access controls, access any portion of the Site that the Provider has not authorized User to access.
- If User uses a Contact Form s/he is obliged to give real information, true to facts of the case.
- The Provider undertakes to ensure possibly the highest quality and stability of the Site and the Product, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
- Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or the Product, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and the Product accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Product, which may temporarily cause difficulties or make it impossible for Users to use the Product.
- In special cases affecting the security or stability of the Site and the Product, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Product.
Moment of Concluding of the Agreement
- A User can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons.
- A User may stop using the Site and the Product at any time.
If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
A complaint should be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by User submitting a complaint.
If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
- A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
- A complaint can be lodged through the following Contact form or by way of a traditional letter send to the following address: RemoteMyApp Sp. z o.o., Generała Władysława Andersa 38/402, 15-113 Białystok, Poland. A complaint should include in particular the problem constituting the basis for a complaint and User identification information (name, e-mail address, and in case of a traditional letter also a correspondence address).
- The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
Within fourteen (14) calendar days of receiving User’s complaint in proper form the Provider will:
- complete its internal investigation and advise User of its decision; or
- inform a User that it needs more time to complete the investigation.
- The Site and the Product and all rights related thereto are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
- A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
- The Product is provided to Users “as is” by the Provider and any use of the Product is at User’s own risk. A User acknowledges that the Product may contain bugs, errors, and other problems that could cause system or other failures and data loss. The Provider does not warrant the performance of the Product and does not warrant that the Product will operate substantially in accordance with the documentation accompanying the Product. The Product may make changes to User’s registry and other files and the User assumes all risk for such changes. Please be sure to back up your computer and all important data before using or running the Product.
- To the maximum extent permitted by law, the Provider disclaims all warranties of any kind, whether expressed or implied, in equity or at law, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Provider does not warrant that the functions contained in the Product will meet any requirements or needs a User may have, or that the Product will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Product will be corrected, or that the Product is compatible with any particular platform. The Provider makes no warranty that it will provide Users with the most recently developed or distributed version of the Product. A User shall be solely responsible for ensuring that s/he has the latest version of the Product.
- A User recognizes and accepts that only s/he is ultimately responsible for any losses or damages incurred by the User as a result of using or installing the Product or as a result of any changes made to User’s computer and mobile device. To the maximum extent permitted by law, in no circumstances or event will the Provider be liable to a User or any other person or entity for any incidental or consequential damages (including, without limitation, direct or indirect, incidental, special, punitive, or exemplary damages for loss of business, loss of profits or revenue, business interruption, or loss of business information or data) arising out of the use of or inability to use the Product, or for any claim by any other party, even if the Provider has been advised of the possibility of such damages or if the damage was foreseeable.
- to comply with any change or anticipated change in any relevant law or code of practice;
- to reflect any decision of a court, ombudsman or regulator;
- to reflect a change in our systems or procedures, including for security reasons;
- as a result of changed circumstances (including by adding benefits or new features to the Site);
- to respond proportionately to changes in the cost of providing the Product; or
- to make them clearer.
- If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
- If a change is required in the Provider’s view to restore or maintain the security of the Product, the change may be made immediately and without prior notice to Users.