Conditions d’Utilisation

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the SpaceOS Mobile App which is operated by SpaceOS Limited (the Application). Please read these terms of use carefully before you start to use the Application.

By using our Application, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Application.

1. General

1.1 The terms “we”, “us”, or “our”, refer to SpaceOS Limited.

1.2 Space OS Limited is registered in Ireland, in the corporate register under number 608149. Our head office is located at 21, Eyre Square, Galway // 18-19, College Green, Dublin.

2. Accessing our Application

2.1 Access to our Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our Application is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our Application, or our entire Application, to users who have registered with us.

2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4 When using our Application, you must comply with the provisions of our acceptable use policy.

2.5 You are responsible for making all arrangements necessary for you to have access to our Application. You are also responsible for ensuring that all persons who access our Application through your internet connection are aware of these terms, and that they comply with them.

2.6 We process information about you in accordance with our privacy policy. By using our Application, you consent to such processing and you warrant that all data provided by you is accurate.

2.7 We aim to update our Application regularly, and may change the content at any time. If the need arises, we may suspend access to our Application, or close it indefinitely. Any of the material in our Application may be out of date at any given time, and we are under no obligation to update such material.

2.8 We try to meet highest standards of accessibility, but cannot guarantee that the Application will be compatible with all hardware and software that may be used by Application users.

3. Transactions concluded through our Application

3.1 We are not a party nor an intermediary to the transactions concluded through our Application and as such we are not responsible for them.

4. Materials in Application and software rights

4.1 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our Application and the materials published in it (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our Application) will be and remain the sole property of us or our licensees. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may view, use, download, print off one copy and store the material in the Application for personal use only. Commercial use is not permitted unless you have obtained a license to use materials on our site for commercial purposes. Redistributing, republishing, copying, adapting the paper or digital copies of any materials you have printed off or downloaded in any way or otherwise making material in the Application available to third parties is prohibited. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.3 Our status (and that of any identified contributors) as the authors of material in the Application must always be acknowledged.

4.4 If you print off, copy or download any part of our Application in breach of these terms of use, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.5 The information in our Application is given in good faith. It is subject to change without notice. We make every effort to ensure that the information in our Application is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.

5. Our liability

5.1 Users of our Application are responsible for any decisions they take based on information, commentary and others materials provided in our Application. We disclaim all responsibility and liability (as far as permitted) for any loss arising from using or relying on information or links included in our Application.

5.2 The material displayed in our Application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

5.2.1 all conditions, warranties and other terms which might otherwise be implied by statute or common law.

5.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Application or in connection with the use, inability to use, or results of the use of our Application, any websites linked to it and any materials posted on it, including: a) loss of income or revenue; b) loss of business or other economic loss; c) loss of profits or contracts; d) loss of anticipated savings; e) loss or corruption of data; f) loss of goodwill; g) wasted management or office time; and h) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.3 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law and do not affect your statutory rights.

5.4 Arrangements made between you and any third party named or referred to in the Application are entirely at your sole risk and responsibility.

5.5 Our Application may contain links to other sites or applications, which are provided for your information only. The contents of those sites or resources are outside our control and are not covered by these terms and conditions. If you access other sites or applications using the links provided, we accept no responsibility for the content of those sites or applications, for the way in which they deal with your software or use any information they may acquire about you or for any loss or damage that may arise from your use of them.

5.6 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our Application.

6. Your liability

6.1 You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our Application.

7. Uploading material to our Application

7.1 Whenever you make use of a feature that allows you to upload material to our Application, or to make contact with other users of our Application, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

7.2 Any material you upload to our Application will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Application constitutes a violation of their intellectual property rights, or of their right to privacy.

7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Application.

7.4 We have the right to remove any material or posting you make in our Application if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy

8. Viruses, hacking and other offences

8.1 You must not misuse our Application by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

8.2 By breaching this provision, you would commit a criminal offence under the Data Protection Act 1988. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.

8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Application or to your downloading of any material posted in it, or on any website linked to it.

9. Linking to our Application

9.1 You may link to our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.2 You must not establish a link from any website that is not owned by you.

9.3 We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

9.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]

10. Jurisdiction and applicable law

10.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

10.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

11. Variations

11.1 We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted in the Application. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

12. Acceptable use policy

This acceptable use policy sets out the terms between you and us under which you may access our Application. These rules apply to all users of our Application.

12.1 Prohibited uses
You may use our Application only for lawful purposes.

You may not use our Application:

1. in any way that breaches any applicable local, national or international law or regulation;

2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3. for the purpose of harming or attempting to harm minors in any way;

4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below;

5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

1. not to reproduce, duplicate, copy or re-sell any part of our Application in contravention of the provisions of our Terms of Use;

2. not to permit any third party that is not an authorised user to access or use a username or password for the Application;

3. not to share, transfer or otherwise provide access to an account designated for you to another person;

4. not to access without authority, interfere with, damage or disrupt:

any part of our Application;
any equipment or network on which our Application is stored;
any software used in the provision of our Application; or
any equipment or network or software owned or used by any third party.

5. attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or disrupt the features, functionality, integrity or performance of the Application (including any mechanism used to restrict or control the functionality of the Application), any third-party use of the application or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);

6. not to authorise, permit, enable, induce or encourage any third party to do any of the above.

12.2 Content standards
These Content Standards apply to any and all material which you contribute to our Application. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole

Contributions must:

1. be accurate (where they state facts);

2. be genuinely held (where they state opinions);

3. comply with applicable law in Poland and in any country from which they are posted.

Contributions must not:

1. contain any material which is defamatory of any person;

2. contain any material which is obscene, offensive, hateful or inflammatory;

3. promote sexually explicit material;

4. promote violence;

5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6. infringe any copyright, database right or trademark of any other person;

7. be likely to deceive any person;

8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

9. promote any illegal activity;

10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

11. be likely to harass, upset, embarrass, alarm or annoy any other person;

12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

13. give the impression that they emanate from us, if this is not the case;

14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12.3 Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Application. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Application and may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our Application;

2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Application;

3. issue of a warning to you;

4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5. further legal action against you;

6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate.

12.4 Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices in print elsewhere on our site.

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