Terms and License Agreements

Terms of service and license agreement

Thanks for using our services and software (“Services”). The Services are provided by Eleet Sp. z o.o. (“Eleet”), located at Pl. Wiosny Ludów 2, 61-831 Poznań, Poland. By using our Services, you are agreeing to these terms and entering into a contract with Eleet. Please read them carefully. If you do not agree to any of the terms of service or license agreement, please immediately stop using Services and return, delete or destroy all copies of our Software in your possession. This terms and agreement were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

1. Usage of Services

Website of lab.one, including Eleet account, administrative panel my.lab.one are the primary services this agreement covers. We refer to these services, as well as other software, websites, and services that link to this agreement collectively as the “Services”. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content you access. Eleet’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Eleet can use such data in accordance with our privacy policies.

2. Eleet account

Eleet account is a service that lets you sign in to products, websites and Services. When creating a Eleet account we ask you to provide certain information, like your e-mail address, your password, name, surname and organization.

3. Your content in our Services

Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through our Services, you give Eleet (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, developing new ones, and conducting and publishing research. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

4. Software used in Services

Service requires downloadable Software, this Software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Eleet gives you a personal, worldwide, non-assignable and non-exclusive license to use the Software provided to you by Eleet as part of the Services in accordance with the license agreement which constitutes Appendix 1 to this Terms.

5. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. We will not stop our Services until end of all paid subscriptions to these Services.

6. Charges

If there is a charge associated with a portion of the Services, you agree to pay that charge. You agree to pay us all fees detailed on your Order Form in accordance with the agreed upon payment terms. Bank charges at your expense. All fees are payable in the currency indicated on your Order Form, within 14 days. If there is a fixed term and price for your Service offer, that price will remain in force for the term. You may cancel your purchase of subscription or our Software within 14 days from the date of purchase by sending an email or letter.

7. Our Warranties and Disclaimers

Eleet, and and its suppliers and distributors make no warranties, express or implied, guarantees or conditions with respect to your use of the Services. You understand that use of the Services is at your own risk and that we provide the Services on an “as is” basis “with all faults” and “as available.” Eleet doesn't guarantee the accuracy or timeliness of information available from the Services. to the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this agreement is intended to affect those rights, if they are applicable. You acknowledge that computer and telecommunications systems aren't fault-free and occasional periods of downtime occur. We don't guarantee the Services will be uninterrupted, timely, secure, or error-free or that content loss won't occur.

8. Liability for our Services

When permitted by law, Eleet, and Eleet’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Eleet, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.

9. Governing Law

This agreement is governed by the laws of Poland. The parties, in turn, unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Poznań, Poland. The parties waive any objection with respect to the above, for the purpose of any action, suit or proceeding that relates to this agreement.

10. Additional information

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. All notices must be made in writing. An email is sufficient. All notices must be addressed to:
Eleet Sp. z o.o.
Pl. Wiosny Ludów 2
61-831 Poznań (Poland)
Email: office[*at*]lab.one

Appendix No. 1 to the Terms - Licence agreement

This License Agreement applies to you and Eleet Sp. z o.o. (“Eleet”), located at Pl. Wiosny Ludów 2, 61-831 Poznań, Poland, for the licensing and use of our software, which includes the Eleet software and all versions, features, applications and modules thereto (“Software”). This License Agreement is applicable together with the Terms of service (available at: http://www.lab.one/terms.html). By clicking “I accept” downloading or otherwise using our Software, you agree to all terms and conditions of this License Agreement and Terms of service. If you do not agree to any of the terms of this License Agreement or Terms of service, please immediately return, delete or destroy all copies of our Software in your possession.

1. Scoope of license

We grant you a license to use the Software during the subscription or license term that is indicated on your software order form (“Order Form”). The license granted is non-exclusive, non-transferable and its scope is dependent on the type of subscription or license you purchase. The type and details are contained in Order Form, our website: www.lab.one or in any written communication you have received from us regarding your subscription or license.

2. Restrictions

You may not transfer, assign or sub-license your license rights to any other person or entity, or use or permit our Software to be used for third-party services. You may not modify, sell, or lease any part of our Services or included Software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

3. Reservation of rights

You acknowledge that all intellectual property rights in our Software belong to us and our licensors. Rights in our Software are licensed (not sold). You have no right or title in our Software other than the limited right granted under this License Agreement. We, and our licensors, retain ownership of all copies of our Software and reserve all rights not expressly granted to you under this License Agreement.

4. Privacy

For information about Eleet’s data protection practices, please read Eleet’s privacy policy at: http://www.lab.one/privacy.html. This policy explains how Eleet treats your personal information, and protects your privacy, when you use the Services and the Software. You agree to the use of your data in accordance with Eleet’s privacy policies.

5. Updates

The Software which you use may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Eleet to deliver these to you) as part of your use of the Services and Software.

6. Charges

The license is granted to users in two modes, depending on the options specified in the Order Form. The license is granted royalty-free for users who use a valid subscription to the Service, solely for the purpose of providing these Services and valid until the end of the subscription period (paid or unpaid). The license is granted of charge for users who have chosen to purchase license (not subscription). In this case, this License Agreement covers all provided by Eleet software components necessary for the operation of the system. You agree to pay us all fees detailed on your Order Form in accordance with the agreed upon payment terms. Bank charges at your expense. All fees are payable in the currency indicated on your Order Form, within 14 days. You may cancel your purchase of subscription or our Software within 14 days from the date of purchase by sending an email or letter.

7. Term and termination

With a subscription, your right to use the Software ends immediately upon expiration of the license term noted on your Order Form. With a paid license, your right to use the Software is without time limit, unless other agreements or provisions provide otherwise. We may increase the prices for subscription at any time after we have notified you by email at least 14 days in advance. You may cancel your subscription in writing before the new price becomes effective. If you are a free subscription user, either party may terminate the license granted at any time. We may immediately terminate, wholly or partly, this License Agreement and your right to use our Software and seek other remedies if you breach any of your obligations. Upon termination, you must cease all use of our Software, destroy all copies of our Software and all of its component parts, or, at our request, return such copies and parts to us.

8. Warranty

Our Software is provided to the user “as is”. We do not guarantee that the specifications or functions contained in our Software will meet your requirements, that the operation of our Software will be uninterrupted or error-free, or that defects in our product will be corrected. we do not guarantee that the Software will work with third-party software or other products. Furthermore, we do not guarantee that the product or specifically designed versions will continue to be available through third-party online stores or markets, or for specific devices or systems manufactured by third parties.

9. Limitation of liability

Unless otherwise noted in this License Agreement, Eleet shall be liable in case of breach of contractual and non-contractual obligations as provided for under applicable law. We are liable for damages – for whatever legal reason – only in cases of intent or gross negligence. Our liability shall be limited to replacement of the foreseeable, typical damage. In no event are we liable for any special, incidental, indirect or consequential damages whatsoever. The above limitations of liability do not apply if we maliciously concealed a defect or assumed liability for the condition of the goods. Unless provided for under applicable mandatory law, we have no liability for Third Party Software and your use of Third Party Software.

10. Governing Law

This agreement is governed by the laws of Poland. The parties, in turn, unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Poznań, Poland. The parties waive any objection with respect to the above, for the purpose of any action, suit or proceeding that relates to this agreement.

11. Additional information

We may modify these terms or any additional terms that apply to a Service or a Software to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modifications to these terms on website: http://www.lab.one/terms.html. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. If you do not agree to the modified terms for a Service or Lincense Agreement, you should discontinue your use of that Service or Software. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. All notices must be made in writing. An email is sufficient. All notices must be addressed to:
Eleet Sp. z o.o.
Pl. Wiosny Ludów 2
61-831 Poznań (Poland)
Email: office[*at*]lab.one