Effective date: ____
By using our application, you accept these Terms of Use in full. If you disagree with these Terms of Use you must not use the Application.
We may modify these Terms of Use from time to time. If we do so such modification shall be effective upon our posting of the revised Terms of Use on our website. You agree to be bound by any changes to these Terms of Use when you use our Application after any such modification is posted on our website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any change.
Definitions
For purposes of these Terms of Use, “we”, “us”, and “our” refer collectively to Transition Technologies MS S.A. with its seat in Poland, 55 Pawia Street, Warsaw, and its affiliates, and “you” and “your” means the entity you represent in accepting these Terms of Use or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms of Use; (ii) you have read and understand these Terms of Use; and (iii) you agree to these Terms of Use on behalf of the party that you represent.
“Application” in these Terms of Use refer to Parking Space Reservation – the application created by us use of which is governed by these Terms of Use.
Overview
The Application is an application available with Microsoft Teams which enables users to reserve parking spaces at your enterprise’s premises. It is a canva PowerApps application that is connected to a dataverse database. The application allows for registering new users, granting them permissions, adding and managing car parking, parking spaces and parking reservations. The solution is designed in such a way that all this information can be configured from the application without the need for manual data entry into the database.
Information about parking spaces and its localizations are implemented by the enterprise in which you use the Application and we do not collect any of such data. We also are not responsible for any inaccuracies or errors related to the information about parking spaces implemented in the Application by your enterprise.
Please note that our Application may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice.
Content
You acknowledge that you are responsible for the information, profiles, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Application. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that you will not post, distribute or share any Content in our Application that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Application’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
Use of the Application
In order to use the Application, you need to have Microsoft Office 365 account at your enterprise and the use of Microsoft Office 365 is subject to the Microsoft terms and conditions of service. The Application uses your credentials from MS Office 365 in order to verify your identity. We do not have access to your credentials, and we do not collect such data.
The Application is hosted by Microsoft.
The use of the Application is free of charge.
You may install the Application from MS Teams marketplace, not from our resources. Thus we shall accept no liability for any virus, malware, spyware, etc. attached to Application and shall not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus, malware.
Ownership and Rights
Any and all intellectual property rights (“IP”) associated with our Application (including without limitation, any and all images, photographs, designs, icons, illustrations, audio and video clips, software, code and written and other content and materials that are part of our Application) are our sole property. Our Application (and all IP therein) is protected by intellectual property (e.g., copyright) and other laws in Poland.
All custom graphics, icons, and other items that appear on our Application are our tra demarks, service marks or trade dress (collectively, “Marks”).
Except as expressly provided in these Terms of Use, we do not grant to you any express or implied rights to our IP, and we retain all rights in and to all IP associated with our Application.
Subject to your compliance with these Terms of Use at all times, you may only use our Application solely for the purpose of your own personal, non-commercial use and you are not allowed to copy, reproduce, decompile, disassemble, etc. and distribute the Application in any way.
Third-Party Links and software
Our Application does not contain any links to third-party websites and resources or third-party software.
Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
Termination
You agree that we, in our sole discretion, may terminate or suspend your use of our Application at any time and for any or no reason in our sole discretion, even if we allow continued access and use with respect to other users. Upon such suspension or termination, you must immediately discontinue any and all use of our Application by you after such termination or suspension will constitute an act of trespass. You understand that we will not be liable to you or any third party in connection with any termination or suspension of your access to our Application.
Disclaimer
THE APPLICATION AND ITS DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTY OF ANY KIND, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CLAIMS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SECURITY OF OUR APPLICATION OR YOUR USE THEREOF, AND NO INFORMATION OBTAINED BY YOU FROM OUR APPLICATION WILL RESULT IN THE CREATION OF ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM RELATING TO OUR APPLICATION OR THESE TERMS OF USE, EVEN IF ADVISED OF SUCH POSSIBLE DAMAGES IN ADVANCE; (b) OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY NATURE RELATING TO OUR APPLICATION OR THESE TERMS OF USE WILL NOT EXCEED EUR50; AND © ANY AND ALL REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Application or its functionality, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to, at your sole expense and cost, indemnify, defend, and hold us harmless from any and all claims arising out of, resulting from, or relating to: (a) your use of our Application; or (b) your breach of these Terms of Use.
Compliance with Law
The user may use the Application only in a manner that does not lead to a violation of the applicable laws of the Republic of Poland and any country in which the user uses the Application.
General
Any headings and titles herein are for convenience only.
You agree that any and all disputes concerning our Application (or use thereof) or these Terms of Use will be governed by Polish law (without regard to conflicts of law principles), and such disputes may only be brought in a court located in Poland.
These Terms of Use constitute the entire agreement between you and us with respect to your use of our Application, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Any and all obligations and responsibilities you have under these Terms of Use, as well as the restrictions hereunder, which by their nature survive termination or suspension of your access to or use of our Application hereunder, will continue and remain in effect after such termination or suspension.
Contacting Us
You can use Contact to get in touch with any questions or comments.