Last updated: October 29, 2022
DEFINITIONS
As used in these Terms of Service (“Terms of Service”, “Terms”) to
guide you:
“Website”, “app”, “site”, “application”, “PWA”, “Progressive Web
Application”, “Service” means this platform
“User”, “You”, “Client”, “Customer” means any individual who accesses
the Services, individually or on behalf of their Organization as a
team member;
“Data” means any information collected from individuals, generally,
apply to any information;
“Personal Data” means any personal information collected from an
individual that identifies a natural person concerning an identified
or identifiable natural person (i.e. e-mail, date of birth, name).
“GDPR” refers to the Regulation (EU) 2016/679 (General Data Protection
Regulation).
“CODER.EARTH”, “we”, “us”, “me” and “our” refer to ŁUKASZ MAKUCH
OVERVIEW
This website is operated by ŁUKASZ MAKUCH. ŁUKASZ MAKUCH offers this
website, including all information, tools and Services available from
this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and
conditions, including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms
of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to
be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the
website or use any Services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the site shall also be
subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms may result in an immediate
termination of your Services.
DESCRIPTION OF THE SERVICE
Our Services consist of a time tracking tool for individuals that aims
at helping them monitor their use of time, organise recorded data and
report it. It is made available to You on a software as a service
(SaaS) basis through our Website and Progressive Web Application, and
includes (i) our software that you access via our Website and PWA and
(ii) any other feature or Service made available or provided to you by
ŁUKASZ MAKUCH.
For the use of our Services, we, as the controllers, will need that
you provide to us some information, which are adequate, limited and
necessary for our Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is
not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.
PURCHASES
If you wish to purchase any product or service made available through
Service, you may be asked to supply certain information relevant to
your Purchase including, without limitation, your credit card number,
the expiration date of your credit card, your billing address, and
your shipping information.
You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true,
correct and complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to
these third parties subject to our Privacy Policy.
SUBSCRIPTIONS
After your free trial, our Services are provided on a subscription
basis for a set term as selected and specified for you on your
Subscription and may automatically renew for additional periods
equally to prior periods as agreed, unless either party gives the
other notice of non-renewal request to hello@coder.earth.
If your subscription expires, your data may be deleted. Therefore, if
you register or make a new account after your subscription expires,
you will automatically use a new database you will not have access to
any former content, since you would have a totally new account.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SERVICES OR PRODUCTS (if applicable)
Certain products or Services may be available exclusively online
through the website. These products or Services may have limited
quantities and are subject to return or exchange only according to our
Return Policy.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or Services that we
offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be
corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt
to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our site. You agree to
promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we
can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or Services shall also be subject to these Terms of
Service.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will
not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or Services of
third-parties.
We are not liable for any harm or damages related to the purchase or
use of goods, Services, resources, content, or any other transactions
made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should
be directed to the third-party.
USER COMMENTS, CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, content resulting from the use of the
service or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments
in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to
the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the site is governed
by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, system
requirements and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any
related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating
any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use
of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and Services
delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall ŁUKASZ MAKUCH, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim
related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their
possibility.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ŁUKASZ MAKUCH and our
parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law
or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when
you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services
(or any part thereof).
REFUNDS
We offer a free trial period for you to check if you would like to pay
for this service. For that reason why do not usually offer refunds.
However, in some cases we may approve them.
To start a return, you can contact us at hello@coder.earth.
We will notify you once we have received and inspected your return to
let you know if the refund was approved or not. If approved, you will
be automatically refunded on your original payment method within 30
business days. Please remember it can take some time for your bank or
credit card company to process and post the refund too.
If more than 30 business days have passed since we’ve approved your
return, please contact us at hello@coder.earth.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of Poland.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
COMMUNICATIONS
By using our Service, you agree to subscribe to newsletters, marketing
or promotional materials and other information we may send. You may
opt out of receiving any, or all, of these communications from us by
following an unsubscribe link or by sending us an email.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
hello@coder.earth.
ACKNOWLEDGEMENT
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY
THEM.
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