Activatenow.com - Software Activation Service

Terms of Services

Effective date: May 5, 2023

1. Introduction

Welcome and thank you for choosing our service. These Terms of Services ("Agreement") are a legally binding agreement between you and us. ActivateNow.com services ("Services") are offered by Office Data Apps sp. z o.o., a limited partnership established under the laws of the Republic of Poland ("we", "our", or "us"). In this Agreement, when we say "you", "user", or "users", we mean all of customers and consumers and designated agents, including your administrative contact that accesses our Services. This Agreement explains our obligations to you, and your obligations to us in relation to the Services you use. By using Services you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional services or to modify or cancel our Services (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that the administrative contact for any services provided to you (including, but not limited to, software registration and activation services) is your agent with full authority to act on your behalf with respect to such services, including, but not limited to, the authority to terminate, transfer (where transfer is permitted by the Agreement), or modify such services, or purchase additional services.

2. Payment

As consideration for the services you purchased, you agree to pay upon receipt of your invoice from us. All fees are due immediately and are non-refundable, except as otherwise expressly noted by us.

3. Accurate information

You agree to: (1) provide true, current, complete and accurate information about you as required by the application process; (2) maintain and update the information you provided to us when purchasing our Services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our Services.

4. Privacy

Our privacy policy is located at www.activatenow.com/privacy.asp and is incorporated herein by reference. The privacy policy sets forth your and our rights and responsibilities with regard to your personal information.

5. Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such our Intellectual Property Rights. You acknowledge that no title to our Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Services or our licensors' service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more pre-existing versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such pre-existing works may be recast, transformed or adapted) such Derivative Work shall be owned by us and all right, title and interest in and to each such Derivative Work shall be automatically vested in us. We shall have no obligation to grant you any right in any such Derivative Work.

6. Exclusive remedy

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL WE, OUR LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM US) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We and our licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data misdelivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your login name or password(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of our Website; (8) loss or liability from your inability to use our Services; (9) loss or liability that you may incur in connection with our processing of your application for our Services, our processing of any authorized modification to your account record or your agent's failure to pay any fees, including the initial registration fee or re-registration fee; or (10) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in SSL, HTTPS, or any other standard not under our sole control, or relating to customer-requested generation and transmission of a subscriber's private key.

7. Disclaimer of warranties

YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

8. Indemnity

You agree to release, indemnify, defend and hold harmless us, and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Services or your use of such services, including, without limitation, infringement, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Services. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

9. Termination

By You. You may terminate this Agreement upon at least thirty (30) days written notice to us for any reason.
Effect of Termination. We will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination. You agree to pay any and all costs incurred by us in enforcing your compliance with this section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services, if applicable.
Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 9 above, if you purchase Services which are sold together as part of a bundled package of Services, any termination relating to such bundle will terminate all Services included in such bundle. Upon the effective date of termination, we will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services.

10. Representations and warranties

You agree and warrant that: (i) neither your registration nor use of the any of the Services nor the manner in which you intend to use such Services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your account registration record, (iv) you are of legal age to enter into this Agreement; and (vi) you agree to comply with all applicable laws and regulations.

11. Modifications to agreement

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective after posting of the revised Agreement or change to the service(s) on our Website, or upon notification to you by e-mail. You agree to periodically review our Website, including the current version of this Agreement available on our Website, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use Services after any revision to this Agreement or change in Service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our Services; or in (ii) information posted on our Website of a general informational nature. No employee, contractor, agent or representative of Services is authorized to alter or amend the terms and conditions of this Agreement.

12. Account access

To access or use the Services or to modify your account, you may be required to establish an account and obtain a login name and password. You authorize us to process any and all account activities initiated through the use of your login name and password. You are solely responsible for maintaining the confidentiality of your login name and password. You must immediately notify us of any unauthorized use of your login name and password, and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your login name and password. In no event will we be liable for the unauthorized use or misuse of your login name and password.

13. Agents

You agree that, if your agent, (e.g., your administrative contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our Services ratifies any unauthorized actions of your agent. By using your login name or password, or otherwise purporting to act on your behalf, your agent certifies that they are authorized to apply for our Services on your behalf, that they are authorized to bind you to the terms and conditions of this Agreement, that they apprise you of the terms and conditions of this Agreement, and that they are otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

14. Right of refusal

We, in our sole discretion, reserve the right to refuse to open an account or register you for other services. We, in our sole discretion, reserve the right to delete your registered account within the first thirty (30) calendar days from receipt of your payment for our Services. In the event we do not open an account, do not register you for other services, or we delete your account in our Services within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to open your account, from the deletion of your account, or from our refusal to register you for our Services.

15. Notices

Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered to us. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices hereunder must be sent in writing (which shall include e-mail only where expressly provided for herein). All notices delivered in writing (and not via e-mail) hereunder must be sent by either overnight courier or certified mail, return receipt requested.

16. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

17. Entire agreement

You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the privacy policy) are the entire, complete and exclusive agreement between you and us regarding our Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the Services.

18. Assignment and resale

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without our prior express written consent.

19. Governing law

All disputes shall be governed in all respects by and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without regard for any conflict of rules laws.

20. Agreement to be bound

By applying for our Services through our online application process or otherwise, or by using the service(s) provided by us under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

21. Independent parties

Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

22. Waiver

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by our authorized representative. Our remedies under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

23. Export restrictions

You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any our Services in violation of the laws and regulations of any applicable jurisdiction.

24. Force majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement.

25. Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

26. Contact

If you have any questions about these Terms, please contact us at support@activatenow.com or the following physical address:

Office Data Apps sp. z o.o.
Attn: ActivateNow Team
Warszawska str, 109, office 5,
Lomianki, 05-092, Poland