These terms govern the services provided by Deviate Studio - a company registered in Polish Central Register and Information on Economic Activity (CEIDG) NIP 6462996184 REGON 521944634. You must agree to these terms with Deviate Studio to use any provided services.
The company may also offer products and services under separate terms.
Important Terms
These terms include several important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the company’s liability to you in Limits on Liability, your agreement to cover the company for damages caused by your misuse of the products in Responsibility for Your Use, and an agreement to arbitrate disputes in Disputes.
Unless otherwise required by applicable law or agreed to in writing, all products and services provided by the company are distributed on an “AS IS” basis, without warranties or conditions of any kind, either express or implied.
Your use of the products is subject to Privacy Policy.
Permission
Subject to these terms, the company grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use the offered products and services. Every user needs to agree to those terms.
Conditions
Your permission to use the company’s products and services is subject to the following conditions:
- You must be at least thirteen years old;
- If higher than thirteen, you must be at an appropriate age specified in your residence country’s law to be bound by all agreements;
- You may no longer use the company’s products and services upon contract termination or when you’re otherwise asked not to;
- You must use the products in accordance with Acceptable Use and Content Standards.
You shall always abide by local, state, national, and foreign laws and regulations concerning your use of the products, including data privacy, international communications, and the transition of technical and personal data.
You shall also abide by other services’ guidelines.
Acceptable Use
- You may not break the law or otherwise engage in illegal or fraudulent activities using the products.
- You may not access or attempt to access resources that are or should be outside your access.
- You may not buy, sell, or otherwise trade in resources offered by our products and services.
- You may not send advertisements, chain letters, or other solicitations or use the products to gather data for commercial use.
- You may not distribute malicious/commercial spam through the products.
- You may not violate the security or integrity of any computer, network, or communications system.
- You may not automate access, monitor, retrieve, index, “data mine”, “scrape”, or in any way reproduce the presentation of the products, such as with a web crawler, browser plug-in or add-on, or computer programs that are not web browsers unless otherwise agreed in writing. You may crawl the forum to index it for a publicly available search engine if you run one.
- You may not falsely imply that you’re affiliated with or endorsed by the company.
- You may not hyperlink to images or other non-hypertext content on the products or web pages.
- You may not remove any marks showing proprietary ownership from materials you access through the products.
- You may not remove any licenses from materials you access through the products unless otherwise allowed.
- You may not disable, avoid, or circumvent the products’ security or access restrictions.
- You may not attempt to disassemble, reverse engineer, brute-force attack, or decompile the software.
- You may not attempt to gain unauthorized access to the services or its systems and networks.
- You may not strain the products’ infrastructure with an unreasonable volume of requests or requests designed to impose an unreasonable load on the products’ information systems.
- You may not impersonate others through the products.
- You may not encourage or help anyone in violating these terms.
- You may not abuse understatements. Contact Deviate Studio for their clarification before taking any action.
- You may not violate any guidelines, ethical rules, or other terms applicable to any social platform.
- You may not collect information about others, such as personal data or contact information, or otherwise abuse their privacy rights.
- You may not use third-party software to interfere with or attempt to interfere with our products.
- You may not upload or otherwise make available files that contain content protected by intellectual laws unless you own or control the rights to the content or have received all necessary consent.
- You may not send threatening, obscene, libelous, or otherwise harmful content to other users.
- You shall report any violations of other users when noticed by contacting us.
Product Use
- You may use the APIs documented and shared publicly or privately with the company.
- You may deploy, test, and support any application or integration developed by you which accesses the products shared by the company.
- You may distribute and allow third parties to access your integration.
- You may not misrepresent or mask your or your systems’ identities.
- You may not remove any proprietary notices from the company.
- You may not share the products’ API keys or authentication tokens with any third party. You agree to keep these secure at all times.
- You adhere to applicable access requirements.
- You shall protect the products’ security, integrity, and operability.
- The company may limit your use of the products at any time.
- You may not use the products in any manner that poses a security risk.
- You may not use the products in any manner or for any purpose that infringes, misappropriates, or otherwise violates the rights of any third party.
- You may not use the products for bulk collection or scraping information.
- You may not sell, rent, lease, sublicense, distribute, redistribute, publish, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the content to any third party except as expressly permitted herein
- You may not attempt to circumvent limitations on access, calls, and use of the products.
- All the work you contribute to Deviate Studio’s products automatically belongs to Deviate Studio, and we are assigned at no full expense rights to your contribution.
Content Standards
- You may not submit content to the products that are illegal, offensive, or otherwise harmful to others. That includes content that is harassing, abusive, or otherwise inappropriate.
- You may not submit content to the products that violate the law, infringe on anyone’s intellectual property rights, violate anyone’s privacy, or breach agreements with others.
- You may not submit malicious content to the products, such as one containing malicious computer code like computer viruses or spyware.
- You may not submit content to the products as a mere placeholder to claim particular products’ resources.
- You may not use the products to disclose information you don’t have the right to disclose, like others’ confidential or personal information.
Enforcement
The company may investigate and prosecute violations of these terms to the fullest legal extent. The company may notify and cooperate with the law enforcement authorities in prosecuting law violations and these terms.
The company reserves the right to change, redact, and delete content shared via the products for any reason. If you believe someone has submitted content violating these terms or otherwise breaches the terms of services, please get in touch with us immediately.
Your Account
You must create and login into an account to use some of the product’s features.
To create an account, you must provide some information about yourself. When creating an account, you agree to provide, at a minimum, a valid email address and to keep that address up-to-date. You may close your account anytime manually or by contacting us.
You agree to be responsible for all actions taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to inform the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, keep it secret, and take other measures to keep your account safe.
Your account may restrict, suspend, or close your accounts according to its policy for handling copyright-related takedown requests or if the company reasonably believes that you’ve broken any rule in these terms.
Your Content
Nothing in these terms gives the company any ownership rights in intellectual property that you share via the products. Nothing in these terms gives you ownership rights in the company’s intellectual property.
You remain solely responsible for the content and information shared between you and the company. You agree not to wrongly imply that the data you submit is sponsored or approved by the company. These terms do not obligate the company to store, maintain, or provide copies of the information you submit and to change it according to them.
The content you submit belongs to the original owner, who may decide what permission to give others for it. But at minimum, you declare that the company is licensed to process and provide the content you submit via the products. That special license shall allow the company to copy, publish and analyze submitted content.
When content you submit is removed from the products, whether by you or the company, the company’s special license ends when the last copy disappears from the company’s backups, caches, and other systems. Other permits applied to the content you submit, such as Creative Commons licenses, may continue after the content is removed. Those licenses may give others or the company the right to share the content through the products again.
Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that the company will not be liable to you for those violations or their consequences.
Trademarks
- You may not use marks, logos, slogans, domain names, usernames, or designs confusingly similar to Deviate Studio trademarks.
- You may not use Deviate Studio trademarks in the name of your business, product, product, service, app, domain name, publication, or other offerings.
- You may not use Deviate Studio trademarks in a way that implies affiliation with, or sponsorship, endorsement, or approval by Deviate Studio of your products and services.
- You may not use Deviate Studio trademarks in a way that is misleading, unfair, defamatory, libelous, disparaging, obscene, or sullies Deviate Studio’s reputation.
- You may not modify Deviate Studio trademarks, combine them with any other symbols, words, or images, or incorporate them into a tagline or slogan.
- You may not use Deviate Studio trademarks on merchandise for sale (e.g., selling t-shirts and cups) or for other commercial use.
- You may not display Deviate Studio trademarks more prominently than your product or service name.
- You should include a trademark attribution notice.
- You may not use Deviate Studio trademarks without our prior written permission unless you use Deviate Studio wordmarks in text or logos to refer to or link to Deviate Studio or applicable Deviate Studio products, services, and technologies.
Some Deviate Studio products and services may have additional guidelines regarding using their trademarks.
Deviate Studio currently possesses those trademarks:
- “Deviate Studio” word trademark (The Polish Patent Office R.359818)
- “DV8” word trademark (The Polish Patent Office R.359864)
- “DV8 Deviate Studio” word-figurative trademark (The Polish Patent Office R.359863)
- “Etheroit” word trademark (The Polish Patent Office R.358603)
Responsibility
You agree to indemnify the company from legal claims by others related to your breach of these terms or breach of these terms by others using your account. You and the company agree to notify the other side of any legal claims you might have to indemnify the company as soon as possible. Suppose the company fails to inform you of a legal claim promptly. In that case, you won’t have to indemnify the company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the company to control the investigation, defense, and settlement of legal claims for which you would have to indemnify the company and cooperate with those efforts. The company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
Confidentiality
You may be given access to certain non-public information, software, and specifications relating to the products, which is confidential and proprietary to Deviate Studio.
You may use this confidential information only as necessary to exercise your rights in this agreement. Without Deviate Studio’s prior written consent, you may not disclose this confidential information to any third party.
You agree that you will protect this confidential information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.
Disclaimers
You accept all possible risks of using any content on the products. As far as the law allows, the company and its suppliers provide the products “as available, as is” without any warranty.
Furthermore, we do not make any representations concerning the accuracy or reliability of the use of the materials on its products or otherwise relating to such materials or any sites linked to the products.
The materials appearing on our products may include technical, typographical, or photographic errors. Deviate Studio will not promise that the products’ materials are accurate, complete, or current. Deviate Studio may change the materials on the products at any time without notice. We do not make any commitment to update the materials.
We also do not guarantee the continuous availability of the products or any service feature. You expressly agree that the use of the products is at your risk.
The forum may hyperlink to and integrate products and services run by others. The company does not make any warranty about services run by others or the content they may provide. Use of services run by others may be governed by other terms between you and the one running services.
Limits on Liability
Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.
In no event will the company or any of its affiliates, suppliers, or licensors be liable for any subject matter of these terms under any contract, negligence, strict liability, or other legal or equitable theory for:
- any special, incidental, or consequential damages,
- the cost of procurement for substitute products or services,
- for interruption of use or loss or corruption of data,
- for any damages whatsoever.
The company shall have no liability for any failure or delay due to matters beyond its reasonable control. The preceding shall not apply to the extent prohibited by applicable law.
You hereby expressly and irrevocably release and forever discharge Deviate Studio and its affiliates and their respective directors, employees, representatives, and contractors from all actions, causes of action, suits, liability, debts, claims, judgments, and demands whatsoever in law or equity which you ever had, not have, or hereafter can, shall or may have, for the because of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless Deviate Studio, its affiliates, and their respective directors, employees, representatives, and contractors from and all claims, losses, expenses, costs, and damages (including, but not limited to, direct, incidental, exemplary, consequential and indirect damages) and reasonable attorneys’ fees, resulting from or arising out of:
- a breach of this Agreement;
- any violation of any rights of a third party;
- use the products by you or another person using your account.
Feedback
The company welcomes your feedback and suggestions for the products. See the Contact section for ways to get in touch with the company.
You agree that the company will be free to act on feedback and suggestions you provide and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary to you or others.
Termination
Either you or the company may end the agreement written out in these terms at any time. When the agreement ends, your permission to use the products also ends.
Upon termination, you should also destroy any downloaded materials in your possession, whether printed or saved in an electronic format. You will constantly be reminded about these requirements.
The company may also discontinue the products in their entirety, or any part thereof, without any penalty, for any or no reason. We will usually notify you before taking this action, but we may do it without prior notice.
The following provisions survive the end of our agreement: Your Content, Feedback, Responsibility, Disclaimers, Limits on Liability, and General Terms.
Refunds
All amounts paid and bought products are non-refundable unless otherwise required by law. Specific refund requests may be considered by Deviate Studio on a case-to-case basis and granted.
DMCA
If you believe somebody used your copyright-protected work without authorization, please notify us at [email protected]. These requests shall only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If you request content removal by submitting an infringement notification, please remember that you are initiating a legal process. We will do our best to solve any occurring issues.
The DMCA notice must include the following:
- Description of the copyrighted work that you claim is being infringed.
- A description of the material you claim is infringing and that you want to be removed or access to which you want disabled and the URL or other location of that material;
- Your name, title (if acting as an agent), address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or an exclusive right allegedly infringed”.
- An electronic or physical signature of the copyright owner or a person authorized to act on the owner’s behalf.
We will review the submission and take whatever action we deem appropriate under the DMCA, including removing the challenged content from the website.
Upon receiving a DMCA notice, the copyright owner may submit a DMCA Counter-Notice containing their information and statement that the infringing content has been removed or access to it has been disabled.
General
Suppose a provision of these terms is unenforceable as written but could be changed to make it enforceable. In that case, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.
Neither the exercise of any right under this Agreement nor waiver of any breach of this Agreement waives any other breach of this Agreement.
You may not assign your agreement with the company. The company may assign your agreement to any affiliate of the company, any other company that obtains control of the company, or any other company that buys company assets related to the products. Any attempted assignment against these terms has no legal effect.
The failure of either party to enforce at any time, or for any period, the provisions of this Agreement shall not be construed to be a waiver of such provisions or of the right of such party to enforce every such provision.
Contact
You may contact the company under these terms and send questions to the company via support form.
The company may notify you under these terms using the contact data you provide for your account on the products or by posting a message via any of the products.
Changes
The company last updated these terms on March 13, 2023, and may revise these terms again. The company will post all updates on this web page. For updates that contain substantial changes, the company agrees to email you if you’ve created an account and provided valid contact information. The company may also announce updates with particular messages or alerts shared via the products.
You are responsible for reviewing any modifications. Further use of Our services after the effective date constitutes your acceptance of the new Agreement and its changes.