Terms and Conditions for apqa.app
Effective Date: 18.01.2024
1. Introduction
Welcome to apqa.app, operated by apqa Tomasz Kozakiewicz ("we", "us", or "our"). By accessing our website, you agree to these Terms and Conditions. Please read them carefully.
2. Detailed Description of Services
Our website offers users detailed information about the apqa application, and the opportunity to subscribe to our newsletter. The newsletter aims to provide subscribers with various materials related to financial well-being, insights into the apqa app, updates on company developments, and other relevant content.
3. Newsletter Subscription:
Frequency: Initially, the newsletter will be sent out infrequently as we focus on building the app. The frequency may increase as more content becomes available.
Content: The content may include, but is not limited to, articles on financial wellness, updates on app features, company news, and occasionally content from third parties such as sponsored posts or advertisements.
Third-party Content: We may collaborate with third parties to include their content in our newsletters. This may include sponsored content or advertisements relevant to our users.
User Consent: By subscribing to our newsletter, users consent to receive this range of content. Users will have the option to opt-out of receiving the newsletter at any time.
4. Third-Party Service Providers and User Data Handling
MailChimp as a Service Provider:
Role of MailChimp: We utilize MailChimp, a third-party email service provider, to manage and distribute our newsletter.
Data Handling: When you subscribe to our newsletter, your email address and any other provided information are transferred to MailChimp for processing in accordance with their privacy practices.
MailChimp's Privacy Policy: We encourage our users to review MailChimp’s privacy policy to understand how they handle your data.
Other Third-Party Services:
Use of Additional Services: In the future, we may engage with additional third-party service providers to enhance our website functionalities and services.
Disclosure: We will transparently disclose the use of any additional third-party service providers, along with details of the data shared and their respective privacy policies.
User Consent: By using our website, users consent to the transfer of their information to these third-party service providers as necessary for the provision of the specified services.
4. User Obligations and Conduct
Responsible Use of the Website:
Users are expected to use our website in a responsible manner, adhering to all applicable laws and regulations.
Any form of misuse, unauthorized access, or actions that disrupt the integrity of the website or infringe upon the rights of others is strictly prohibited.
Prohibited Behaviors:
Users must not engage in any activity that could harm the website or other users, such as spreading malware, engaging in phishing, or other malicious activities.
The posting or transmitting of illegal, offensive, defamatory, or harmful content through our website is forbidden.
Accuracy of Information:
When subscribing to our newsletter or engaging in any other interactive aspects of the website, users must provide accurate and current information.
Any attempt to impersonate others or provide misleading information is a violation of these terms.
Respect for Intellectual Property:
Users must respect the intellectual property rights of the content available on the website. Unauthorized use, reproduction, or distribution of any content from the website is prohibited.
Compliance with Policies:
By using our website, users agree to comply with all the policies outlined in our Terms and Conditions and Privacy Policy.
5. Disclaimer of Warranties
"As Is" Basis:
Our website and its content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the website's operation or the information, content, materials, or products included on the website.
No Implied Warranties:
To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
No Warranty on Third-Party Links:
The website may contain links to other websites, which are not operated by us. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.
User's Risk:
The use of the website and its content is at the user's sole risk. It is the user's responsibility to ensure that any products, services, or information available through the website meet the user's specific requirements.
6. Intellectual Property Rights
All content on our website, including text, graphics, logos, and images, is our property or the property of our licensors and is protected by intellectual property laws.
7. Limitation of Liability and Indemnification
Limitation of Liability:
We, including our directors, employees, affiliates, and agents, will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any content obtained from the website; and (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Indemnification:
You agree to defend, indemnify, and hold harmless apqa Tomasz Kozakiewicz and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the website.
Exclusions:
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
8. Termination and Account Cancellation
Right to Terminate Use:
We reserve the right to terminate or suspend access to our website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
User's Right to Cancel:
Users have the right to cancel their subscription to our newsletter at any time. Instructions for cancelling will be provided in each newsletter communication.
Consequences of Termination:
Upon termination of access to our website, your right to use the website will immediately cease. If your access is terminated due to a breach of these Terms, you will not be eligible for any refund or other compensation.
Survival of Terms:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Links to Other Websites
External Links:
Our website may contain links to third-party web sites or services that are not owned or controlled by apqa Tomasz Kozakiewicz.
No Endorsement:
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. These links are provided for your convenience to provide further information.
No Responsibility for Third-Party Content:
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that apqa Tomasz Kozakiewicz 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 web sites or services.
User's Discretion Advised:
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Privacy
Your privacy is important to us. Our Privacy Policy, as provided, governs the handling of personal information on our website.
10. Updates and Notification Procedures
Changes to Terms:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.
Determining Materiality:
What constitutes a material change will be determined at our sole discretion.
Notification of Changes:
Notification of any changes to these Terms may be done through prominent notice on our website, by email, or through other reasonable means.
User's Responsibility to Stay Informed:
It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.
Effective Date of Changes:
Changes to the Terms will be effective as of the date they are posted unless stated otherwise.
11. Governing Law and Dispute Resolution
Governing Law:
These Terms and Conditions shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Jurisdiction:
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution:
In the event of any dispute arising in relation to these Terms and Conditions or in relation to the use of the website, the issue shall first be attempted to be resolved amicably through negotiation.
If an amicable resolution is not possible, the dispute shall be submitted to the competent courts in Poland.
Mediation and Arbitration:
We may offer the option of resolving disputes through mediation or arbitration, prior to any court action, as an alternative to litigation.
12. Contact Information
For any questions, concerns, or clarifications regarding these Terms and Conditions, or any issues related to the use of our website, please contact us at:
Email: the support email can be found on the contact page https://apqa.app/contact.
Postal Address: ul. Józefa Sarego 5/4, 31-047 Kraków, Poland, EU
We are committed to providing prompt and efficient responses to all inquiries.
13. Accessibility of Terms
We are dedicated to ensuring that our Terms and Conditions are accessible to all users, including those with disabilities. We strive to adhere to recognized standards of web accessibility:
Format: These Terms are available in a format that is easy to read and navigate.
Assistance: If you have difficulty understanding any part of these Terms or need them in a different format, please contact us at the support email, which can be found on the contact page https://apqa.app/contact for assistance.
14. Severability
If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be severable and will not affect the validity and enforceability of the remaining Terms.