End-User License Agreement

Last updated – 06 August 2019

1. Purpose

1.1. Please read this End-User License Agreement ("Agreement") carefully before joining, signing up, accessing, downloading or using https://ti.trackit.pl, TrackIt Constrlog, TrackIt Trips, TrackIt Routes, TrackIt Materials ("Applications and Service").

1.2. By reading this End-User Licence Agreement and consequently joining, signing up, accessing, downloading or using the Applications and Service, you are agreeing to be bound by the terms and conditions of this Agreement.

1.3. This Agreement is a legal agreement between you and Thomas-Koziarski Consulting Sp. J. and it governs your use of the Applications and Service made available to you by TK Consulting Company.

1.4. If you do not agree to the terms of this Agreement, do not join, sign up, access, download or use the Applications and Service.

1.5. The Applications and Service are licensed, not sold, to you by TK Consulting for use strictly in accordance with the terms of this Agreement.

2. License

2.1. TK Consulting grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Applications and Service solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

3. Restrictions

3.1. You agree not to, and you will not permit others to:

3.1.1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Applications or Service or make the Applications or Service available to any third party.

3.1.2. Submit false data or allow any third party to submit feedback data on your behalf.

3.1.3. Copy or use the Applications or Service for any purpose other than as permitted under the above section ‘License’.

3.1.4. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer and part of the Applications or Service.

3.1.5. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TrackIt or its affiliates, partners, suppliers or the licensors of the Applications or Service.

4. Your Suggestions

4.1. Any feedback, comments, ideas, improvements or suggestions (collectively “Suggestions”) provided by you to TrackIt with respect to the Applications and Service shall remain the sole and exclusive property of TrackIt.

4.2. TrackIt shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purposes and in any way without credit or any compensation to you.

5. Modifications to Applications and Service

5.1. TrackIt reserves the right to modify, suspend or discontinue, temporarily or permanently the Applications and Service or any service to which it connects, with or without notice and without liability to you.

6. Updates to Applications and Service

6.1. TrackIt may from time to time provide enhancements or improvements to the features/functionality of the Applications and Service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

6.2. Updates may modify or delete certain features and/or functionalities of the Applications and Service. You agree that TrackIt has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Applications and Service to you.

6.3. By installing Updates You further agree that all Updates will be (i) deemed to constitute an integral part of the Applications and Service, and (ii) subject to the terms and conditions of this Agreement.

7. Third-Party Services

7.1. The Applications and Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

7.2. You acknowledge and agree that TrackIt shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect thereof. TrackIt does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

7.3. Third-Party Services and links thereto are provided solely as a convenience to you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Third-party Licenses

The following table lists parts (modules) of TrackIt that incorporate code licensed under third-party open-source licenses:

https://trackit.pl website:

TrackIt mobile application:

8. Privacy Policy

8.1. TrackIt collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.trackit.pl/privacyPolicy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

9. Terms and Termination

9.1. This agreement shall remain in effect until terminated by you or TrackIt.

9.2. TrackIt may, in its sole discretion, at any time and for no reason, suspend or terminate this Agreement without prior notice.

9.3. This Agreement will terminate immediately, without prior notice from TrackIt, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device.

9.4. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device.

9.5. Termination of this Agreement will not limit any of TrackIt’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement of any of your obligations under the present Agreement.

10. Indemnification

10.1. You agree to indemnify and hold TrackIt and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including any reasonable lawyer’s fees, due to or arising out of your: (a) use of the Applications or Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

11. No Warranties

11.1. The Applications and Service are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TrackIt, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Applications and Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TrackIt provides no warranty or undertaking, and makes no representation of any kind that the Applications and Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

11.2. Without limiting the foregoing, neither TrackIt nor any TrackIt’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Applications and Service, or the information, content, and materials or products included thereon; (ii) that the Applications and Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Applications and Service; or (iv) that the Applications and Service, its servers, the content, or e-mails sent from or on behalf of TrackIt are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

11.3. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

12. Limitation of Liability

12.1. Notwithstanding any damages that you might incur, the entire liability of TrackIt and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Applications and Service.

12.2. To the maximum extent permitted by applicable law, in no event shall TrackIt or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Applications and Service, third-party software and/or third-party hardware used with the Applications and Service, or otherwise in connection with any provision of this Agreement), even if TrackIt or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

    1. 13. Severability

13.1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Amendments to this Agreement

14.1. TrackIt reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.

14.2. By continuing to access or use our Applications and Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Applications and Service.

15. Governing Law

The laws of Poland, excluding its conflicts of law rules, shall govern this Agreement and your use of the Applications and Service. Your use of the Applications and Service may also be subject to other local, state, national, or international laws.

16. Contact Information

If you have any questions about this Agreement, please contact us at support@trackit.pl

17. Entire Agreement

17.1. The Agreement constitutes the entire agreement between you and TrackIt regarding your use of the Applications and Service and supersedes all prior and contemporaneous written or oral agreements between you and TrackIt.

17.2. You may be subject to additional terms and conditions that apply when you use or purchase other TrackIt’s services, which TrackIt will provide to you at the time of such use or purchase.