Terms of Service

Terms of Service

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Last updated – March 28, 2024

Introduction

Please read these Terms of Service (further also as “Terms”) carefully, as they govern, among others:

  • the use of exec.ninja (further also known as “Service”, “We”, “Us”), available on https://exec.ninja (further also known as “Website”),
  • the registration to the Service,
  • rules for using information displayed or available on or through the Service, including articles, images, text, graphics, data, illustrations, logos, buttons, icons, audio clips, digital downloads and data compilations (further known as “Content”).

Service is provided to you by IT LAB Mariusz Łuciów, operating at the address MAŁOPANEWSKA 10/8, 54-212 WROCŁAW, (NIP 6912490439, REGON 385105841).

You must agree to and accept these Terms; otherwise, you don’t have the right to use the Service. Using the Service in any way means that you agree to all of these Terms, which will remain in effect while you use the Service.

If you are using the Service on behalf of any organisation or entity (further also as “Organisation”), you are agreeing to these Terms on behalf of this Organisation. In that event, “you” and “your” may also refer to the Organisation.

If you have any questions, comments, or concerns about these Terms, please email us at support@exec.ninja or call 730955653.

Changes to the Terms of Service

We reserve the right to change or modify portions of these Terms at any time for important reasons, including but not limited to changes addressing new functions of the Service, introduction of paid services or changes made for legal reasons. We will notify you each time we make changes or modifications to the Terms by sending you an email.

Any changes or modifications will become effective fourteen (14) days after We post them, except that changes made for legal reasons will be effective immediately. You should discontinue using the Service if you disagree with updated or modified Terms. If you use the Service in any way after a change to the Terms is effective, you agree to all the changes.

Account Registration

You may be required to sign up for an account in the Service (“Account”) to access and use certain Service functions. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself (such as your name, email address, and other information provided by Google Account) and your Organization, as instructed in the Service registration form.

Registration data and certain other information about you are subject to our Privacy and Cookies Policy and are used for the purposes described therein.

Use of the Service

exec.ninja is provided to you for your personal use. Unless explicitly allowed in these Terms or within the Service itself, you are not permitted to show, distribute, license, perform, publish, replicate, duplicate, create derivative works, alter, sell, resell, exploit, transfer, or upload for any commercial reasons, any part of the Service, its usage, or its accessibility.

As long as you comply with these Terms, from the moment of your Account registration, We grant you a limited, non-transferable, non-exclusive, non-restricted as to territory, revocable license to use the software solely to access the Service via the Website. We do not grant any implied license nor transfer any intellectual property rights - We give you only what is expressly stated in these Terms.

The service is free, provided that the website is used by no more than twenty (20) users within a given Organization.

We reserve the right to:

  • set prices for previously free services. In this situation, users will be notified by email fourteen (14) days in advance, and the obligation to make payments will only be introduced after accepting the payment obligation. The user will be entitled to cancel their Account. exec.ninja will be entitled to cancel or restrict an Account belonging to the user who has not accepted the payment obligation,
  • verify the number of users who use the Service within one Organization and prevent access to the Service for additional users within a given Organization at any time after reaching the number of twenty (20) users,
  • contact a given Organization at any time after the number of users exceeds twenty (20) within it to discuss the possibility of acquiring an enterprise solution by the Organization.

Rules of Conduct

exec.ninja is an advanced productivity tool which helps professionals optimize their time and improve their productivity in their work responsibilities. This Service automates creating events in your calendar based on a set of rules you configure, allowing you to maximise your uninterrupted focus time and achieve your work goals.

You represent, warrant, and agree that you will not:

  • use the Service for any unlawful purposes or activities,
  • use the Service in a way which is harmful, fraudulent, deceptive, defamatory, threatening, harassing, obscene, or otherwise objectionable,
  • violate the security of any computer network, crack any passwords or security encryption codes,
  • interfere with or disrupt the access of any user, host, or network, including but not limited to attempt in any manner, to obtain the Account or other security information from any other user,
  • access or tamper with the Service’s server systems, including but not limited to decompile, reverse engineer, reverse assemble or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Service,
  • abuse or submit excessively frequent requests to the Service via the API,
  • infringe or violate the intellectual property rights or any other rights of anyone else,
  • copy or store any significant portion of the Content.

Termination and Account Deletion Clause

We reserve the right to determine abuse of the Service and terminate your right to use or access the Service due to violation of the above rules, effective immediately.

Following the provisions of applicable law you can delete your Account within 14 days of its establishment. We give you the right to delete your Account anytime. You can delete your Account by clicking on the dedicated button on the Website.

Deleting an account permanently removes it from the Service and can’t be undone. The rules for deleting and retaining personal data belonging to users are described in the Privacy and Cookies Policy.

All provisions of these Terms that, by their nature, should survive termination will survive termination—including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Modification or Discontinuation of the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without noticing you. You agree that We will not be liable to you, the Organization or any other third party for any modification, suspension or discontinuance of the Service.

Intellectual Property Disclosure

You agree that the Service, including but not limited to Content, the scripts and software used to implement the Service, contain proprietary information and material that is owned by Us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way except for the use of the Service for personal, non-commercial purposes in compliance with these Terms.

No portion of the Content may be transferred or reproduced in any form or by any means except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell, share, or distribute Content in any manner, and you shall not exploit the Service in any manner not expressly authorised.

Complaints and Dispute Resolution

We are always interested in resolving disputes amicably and efficiently. All complaints related to the functioning of the Website and questions regarding its use should be sent to the email address support@exec.ninja. Complaints resulting from failure to comply with the Terms will not be considered by Us. We will consider the complaint within 14 (fourteen) days from its receipt and immediately inform you via email about the method of its consideration.

If the complaint procedure described above proves unsuccessful or the user is not satisfied with the result of the complaint procedure, a user who is a consumer may use out-of-court methods of dealing with complaints and pursuing claims, such as described here https://webgate.ec.europa.eu/odr.

Corrections and Site Updates

Despite our efforts, some Content and other information on the Service, including pricing, availability, descriptions, and other information, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update Content and other information on the Service at any time without prior notice.

At the same time We undertake no obligation to update, amend or clarify Content and other information on the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Website should be taken to indicate that all information has been modified or updated.

Please remember that when reviewing Content and other information on the Service, it may not represent the complete information available on a subject. Subsequent events or changes in circumstances may also cause existing Content and other information on this Website to become inaccurate or incomplete.

Third Parties Clause

The Website may contain hyperlinks to third-party websites. Third-party websites may collect various data or ask for your personal information. We do not control these websites and are not responsible for the timeliness of the hyperlinks, the content of these websites, or their collection, use or disclosure of personal information

Limitation of Liability

You fully understand and agree that We will not be liable to you, your Organization or any other third party for any loss of profits, goodwill, or data or for any incidental, special, indirect, consequential or exemplary damages, however arising, that result from:

  • your use or inability to use the Service,
  • any modification, suspension or discontinuance of the Service,
  • the Service generally or the software or systems that make the Service available,
  • unauthorised access to or alterations of your transmissions or data,
  • statements or conduct of any third party on the Service,
  • any other user interactions that you input or receive through your use of the Service,
  • any other matter relating to the Service.

Our liability is limited whether or not We have been informed of the possibility of such damages, and even if a remedy set forth in Terms is found to have failed of its essential purpose. We will also have no liability for any failure or delay due to matters beyond our reasonable control.

Other Warranties and Disclaimers

We, to the maximum extent permitted by law, provide the Website and the Service “as is” and “as available” without any kind of warranty. To the extent permitted by law, We expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service, including any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

We do not warrant that the Service will meet all your requirements, including but not limited to:

  • the Service will be uninterrupted, timely, secure, or error-free,
  • that any defects or errors will be corrected,
  • that the Service will be available at any particular time or location,
  • that Content and the other information provided through the Service is accurate, reliable or correct,
  • or that the Service is free of viruses or other harmful components.

You assume full responsibility and risk of loss resulting from using the Service and from downloading or using Content and other information obtained from the Service.

Force Majeure

Except as expressly provided otherwise in these Terms, We shall not be liable because of any failure or delay in the performance of our obligations on account of an unforeseeable and irresistible event, including external causes with the same characteristics, which may include hacker attacks, denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, act of God, war, terrorism and governmental action.

Severability

If any provision in these Terms is held invalid or unenforceable, it shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

Privacy Clause

We respect the privacy of our users. Details are in our Privacy and Cookies Policy. By using the Service, you consent to our collection and use of personal data as described therein.

Governing Law and Jurisdiction

These Terms are governed by and shall be interpreted in accordance with provisions of Polish law, without regard to its conflict of law provisions. Especially any claims relating to Us shall be governed by the provisions of Polish law, without regard to its conflict of law provisions.

In matters not expressly regulated by the Terms, the provisions of Polish law shall apply.

You and exec.ninja agree to submit to the exclusive jurisdiction and venue of the courts located in Wrocław, Poland, Europe. You and exec.ninja also waive any objection that such a venue is inconvenient or improper.