1. The JustProto Service is provided by Piotr Duszynski undertaking commercial activities under the name DeSmart with business address at Pulkownika Dabka Street 227a/8, 81-155 Gdynia, Poland, and with tax ID number 5842292773.
2. Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter:
a) The "DeSmart" shall refer to the Service Provider;
b) The “Customer" and/or “You” shall refer to any natural person or entity that subscribes and uses the JustProto Service available on the www.justproto.com website.
c) The Customer is entitled to grant the access to the Service to any other natural person or entity hereinafter referred to as the “User” or the “Viewers”. The Users are entitled to use all of the Service functionalities as described on www.justproto.com website after receiving the access to the Service from the Customer. The Viewer is entitled to view the Project made by the Customer within the Service after receiving the access to the Service from the Customer.
d) The “Service” shall refer to the JustProto Service, provided by DeSmart and available on the www.justproto.com website.
e) The “Project” shall refer to any derivative work created by the Customer with the use of the Service.
f) The “Content” shall refer to any texts, images, graphics, audio and video files uploaded by the Customer or otherwise available through the Service.
g) The "Billing month" shall refer to 30 day period.
3. By purchasing, accessing, installing or otherwise using the Service, the Customer agrees to be bound by the provisions of Terms of Service stated herein.
4. DeSmart reserves at it sole discretion the right to modify and update the provisions of the Terms of Service stated herein. The Customer agrees that their continued use of the Service after such update will constitute their acceptance to be bound by the modified Terms of Service. The most current version of the Terms of Service is available at any time at www.justproto.com website.
5. If the Customer does not agree with the provisions of Terms of Service stated herein, he/she should not use the Service.
II. JustProto Service
1. The JustProto is a web-based Service that enables the Customer to create the Projects and to make them available via the Internet.
2. The Projects are created with the use of the content uploaded by the Customer. All the Projects created and streamed within the Service are streamed by the Customer not by the Service Provider.
3. All the Projects made within the Service are hosted by the Service Provider and available to the Customer, Users and Viewers only if the Service Subscription is paid and active.
4. Within the Service, the Service Provider offers the Customer three different accounts (a) JustProto Standard, (b) JustProto Plus, or (c) JustProto Unlimited; and the Customer is obliged to choose one of the account types during the registration process. The Customer acknowledges and agrees that by subscribing to the chosen account type he/she receives only those functionalities which the Service Provider provides and which are stated herein.
5. Within JustProto Standard account the Customer is able to:
a) create 10 (say: ten) different and unique Projects;
b) storage up to 1 GB of data including prepared Projects and Content;
c) give access to the Projects to 3 (say: three) Users and unlimited number of Viewers.
6. The Customer gives his / her explicit consent that JustProto Plus account enables them to:
a) prepare and stream 25 (say: twenty five) unique Projects;
b) storage up to 5 GB of data including prepared Projects and Content;
c) give access to the Project to 12 (say: twelve) Users and unlimited number of Viewers.
7. By subscribing to JustProto Unlimited account the Customer will receive all JustProto functionalities:
a) creating an unlimited number of unique Projects;
b) storage up to 10 GB of data including prepared Projects and Content;
c) give access to the Project to 25 (say: twenty five) Users and unlimited number of Viewers.
8. The Customer acknowledges and agrees that by using the Service in free version, and/or using the Service in the first free trial period the Service will be delivered in the limited scope and some of the functionalities can be unavailable. JustProto free account includes the ability to:
a) prepare 1 (say: one) Project;
b) storage up to 25 MB of data.
III. Customers obligations and Prohibited Practices
1. The Service is provided to the registered Customers.
2. On registration to the Service, the Customer is required and agrees to:
a) fill out the registration form with current, complete, and accurate data;
b) maintain and promptly update provided data as current, complete and accurate as possible;
c) choose user name and password;
d) keep the secrecy of the user name and password;
e) choose an account type;
f) pay all the fees in connection to the use of the Service;
g) involve into the Service only such Content that they have full rights to use and publish on the Internet;
h) conform to the rules relating to the use of electronic means of communication and intellectual propriety and ownership rights protection in force in the country of the Customer's residence as well as the US laws and the rules of the European Union. The Customer is obligated to comply with the provisions of Digital Millennium Copyrights Act as well as Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003;
i) represent that he/she either acts as a consumer or entrepreneurs and uses the Service for the purposes of conducted business;
j) comply with the following Terms of Service or its amended version provided on the www.justproto.com website.
3. Upon registration to the Service, the Customer expressly agrees, to receive by the electronic means of the communication, invoices issued by DeSmart.
4. The Customer gives their express consent to receive commercial information about products and services of DeSmart.
5. The Customer is not allowed to involve into the Service any Content that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
6. The Customer realizes and accepts that they are solely responsible for the Content available within the Project, the integrity of the Project as well as the Project itself.
7. The Customer realizes and accepts that they are solely responsible for all actions and omissions undertaken within the Service by all Users and Viewers. The Customers accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind. The Customer expressly agrees that the use of the Service is at their sole risk.
8. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service.
9. The Customer agrees that they shall not engage their use of Service in any activity that concerns advertising, promoting offering and/or selling any goods or services that:
a) are restricted by law, abusive, harassing, defamatory, fraudulent, invasive of another persons' privacy,
b) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, unfair competition, antidiscrimination or false advertising;
c) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) associate any Content involved into the Service with adult related material, pornography, child pornography, racism, hatred, profanity, or any material which may be insulting to another person or entity;
e) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
f) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
10. The Customer acknowledges and agrees that the foregoing list of prohibited practice is non-exhaustive and constitutes examples of prohibited behaviors.
11. The Customer ensures that Users and Viewers use of the Service is subject to the provisions of the Terms of Service stated herein. The Users and Viewers use the Service at the Customers sole risk. The Users and Viewers use of the Service does not create any contractual relationships with Service Provider. The Customer ensures that Users and Viewers keep the secrecy of the login details and links that provides to the Service.
12. The Customer is not entitled to use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service. The Customer is not entitled to use any hardware or software to surreptitiously intercept any system, data or personal information from www.justproto.com website. The Customer may not take any action which imposes an unreasonable or disproportionately large load on the website network or other DeSmart service infrastructure.
13.The Customer is not entitled to engage and storage within the Service the amount of data that exceeds the maximum storage amount available within the JustProto account type chosen by the Customer. The Service Provider is entitled to charge the amount of exploitation costs, arising out uploading and storage the large load of data, upon the Customer.
14. DeSmart reserves, at its sole discretion, the right to refuse access to the www.justproto.com website and Service, terminate the Service, remove or edit the Content in the event the Customer was notified to be using the Service for illegal or expressly prohibited practices, or if the Customer was found infringing the Service or any other DeSmart websites or services.
15. DeSmart reserves the right to refuse any and all, current or future, use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these Terms of Service, or arising from custom and other good commercial practices in the Internet. 16. DeSmart reserves the right to issue a warning should the Customer be found using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer's account, terminating the Service, and/or reporting the Customer and the incident to proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.
IV. Technical Requirements
1. DeSmart assures that the Service will work properly on Windows Platform with Internet Explorer 7.0 or higher, Mozilla Firefox 3.0.0 or higher, Google Chrome, Safari or Opera web browsers.
1.The Customer is obliged to pay in due time the subscription payment for the use of the Service according to the chosen payment scheme, JustProto account type and the provisions of Terms of Service.
2. The subscription payment includes the down payment for the subscription of the chosen JustProto account type. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen JustProto account type, upon receiving the subscription payment.
3. The Customer is entitled to pay the subscription payment as a recurring payment, per the chosen payment scheme. The recurring payment shall be deducted automatically. The Customer is entitled to authorizes DeSmart to process the subscription payment for the chosen account type after the 15 days trial period. The recurring payment will be issued on the first day after the expiration date of the subscription. If the recurring is unsuccessful at that point, DeSmart will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.
4. When the Customer is not making the payment for the Service on time the DeSmart is entitled to summon the Customer and then refuse access to the Service and terminate the Customer account.
5. After a 15 day free trial time period the Customer is entitled to become a full paid JustProto Service Customer of the chosen account type. The Customer is entitled to become a full paid JustProto Service after submitting the payment according to chosen payment plan. If the Customer after a 15 day free trial period does not submit the payment his/her access to the Service shall be suspended and then the DeSmart is entitled to terminate the Customer account.
6.The amount of the subscription payment is based on the current price list, which is presented on the www.justproto.com website.
7. DeSmart reserves, at its sole discretion, the right to change the fees for the Service. The actual subscription payment rates are available at www.justproto.com website. Upon a change, the new payment plan becomes valid starting from the following payment due date, unless you terminate the Service before that date. A termination notice should be received by DeSmart within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.
8. Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt for each payment DeSmart will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by DeSmart by the electronic means of communication.
9. Upon the payment, DeSmart sends an email to the Customer, containing the payment confirmation receipt and an invoice.
10. DeSmart maintains no refund policy.
11. In the event of not receiving a payment or any other situation which causes failure to receive payment, or any chargeback imposed on DeSmart that relates to your payment, DeSmart reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the Customer.
VI. Copyright and License1. The Service and Software as well as all Templates, Content and derivative works provided on www.justproto.com website are the property of DeSmart or its Content suppliers and protected by Polish, U.S. and international copyright laws.
2. DeSmart hereby grants you a personal, non-exclusive, non-transferable license to use the Service available on www.justproto.com website without the right to sub-license, pursuant to the Terms of Service herein.
3. All Templates and Content provided by the Service Provider may be use only within the Service and its derivative works and may not be independently manipulated or copied.
4. No part of the Service website may be reproduced or transmitted in any form or by any means without written permission from DeSmart.
1. DeSmart TM and JustProto TM are trademarks of DeSmart.
2. DeSmart trademarks may not be used in conjunction with other companies' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits DeSmart, its products and services.
VIII. Disclaimer of Warranties and Limitation of Liabilities
1. DeSmart DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. DeSmart DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
2. For breach or default by DeSmart of any of the provisions of these Terms of Service, DeSmart entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by Customer for the Service that is the subject of the claim in one month's immediately preceding the date the Customer notifies DeSmart of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by DeSmart to the Customer.
3. IN NO EVENT WILL DeSmart NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF PROJECTS, CONTENT, DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
5. DeSmart is not responsible for any delay or failure in performance of the Service as well as any loss of data, content and/or Projects due to Force Majeure or other occurrences that are beyond DeSmart reasonable control. DeSmart is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which DeSmart could not foresee or suspect.
6. DeSmart does not own or control other networks, information and systems outside of its own network, nor is DeSmart responsible for performance or non-performance within such networks.
7. DeSmart exercises no control over and takes no responsibility for the integrity and confidentiality of the Content and Projects hosted, uploaded and/or streamed within the Service when passing over the Internet, especially the Service Provider takes no responsibilities for streaming, publishing and/or making available the Customer Projects by the Users and/or Visitors.
8. DeSmart may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or Software used to deliver the Service provided that this does not have a material adverse effect on the Service.
9. The Customer acknowledges that the use of the Service is at Customer's sole risk and DeSmart is in no way responsible for the conduct of the Customer and/or the Content and Projects created and streamed through the Service.
10. DeSmart shall not be responsible for the quality of Projects created with the use of the Service and received by the final recipient.
IX. Termination of the Service Agreement
1. The Customer may terminate the Service at anytime with an effect on the day in which the paid subscription to the Service has expired.
2. Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Section V of these Terms of Service. Any down payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. DeSmart will not perform any recalculation of the down payment amounts.
3.DeSmart reserves, at sole discretion, the right to terminate the Service in the event of not receiving a due payment or a recurring payment.
X. Final Provisions1. To perform the Service, DeSmart collects Customer’s personal information such as the Customer’s first name, last name, address, credit card number as well as tax identification number, phone number, or email address, which is not otherwise publicly available. The Customer agrees that DeSmart shall collect and process their personal information. The Customer agree and acknowledge that information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which DeSmart maintains offices and/or undertakes commercial activities, including the United States.
2. DeSmart reserves the right to modify, add or delete any documents, information, templates, sites or other content appearing on or in connection with the www.justproto.com website, including these Terms of Service, at any time without prior notice.
3. The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
4. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish Court, competent with the respect to the Service Provider residence, shall be the governing jurisdiction.