Mateusz Piórowski Terms of Service Agreement

TERMS OF SERVICE AGREEMENT

This Terms of Use Agreement ("Agreement") establishes the understanding between Mateusz Piórowski Inc. ("UpSend"), a company legally registered under the laws of Gdańsk, Poland, and the individual ("User") intending to avail themselves of the services provided by UpSend. By accessing or utilizing the services rendered by UpSend, User acknowledges that they have perused, comprehended, and consent to adhere to the stipulations of this Agreement. If User dissents from these conditions, they may not avail themselves of the services proffered by UpSend.

  1. Definitions
    1. "Services" pertains to the file storage and sharing services extended by UpSend via Hetzner Online GmbH.
    2. "User Content" encompasses any files, images, data, information, or additional content submitted or transmitted by User through the Services.
  2. Use of Services
    1. User commits to utilizing the Services exclusively for lawful purposes and in adherence to all relevant laws and regulations.
    2. User agrees not to upload or transmit any User Content that breaches copyright, is libelous, defamatory, obscene, pornographic, abusive, or otherwise inappropriate.
    3. User agrees not to employ the Services in a manner that would infringe upon the intellectual property rights of any third party.
    4. User acknowledges and agrees that UpSend holds no sway over the substance of User Content and does not advocate, endorse, or guarantee the veracity, comprehensiveness, or reliability of User Content.
  3. User Data Ownership
    1. User retains absolute ownership of all data, files, or other content ("User Content") uploaded or retained on the Services.
    2. UpSend does not stake a claim to, or acquire rights over, User Content and will not manipulate, utilize, or expose User Content except when indispensable for rendering the Services or in compliance with legal mandates.
    3. User bears sole responsibility for ensuring that User Content does not infringe on any third-party intellectual property rights or contravene any applicable laws or regulations.
  4. Fees and Payment
    1. UpSend retains the prerogative to levy fees for the utilization of its Services.
    2. User agrees to remit all fees and charges incurred in conjunction with the use of the Services punctually.
    3. UpSend preserves the right to modify its fee structure and payment protocols at its discretion, providing User with advance notice.
  5. Disclaimer of Warranties
    1. UpSend dispenses its Services "as is" and "as available."
    2. UpSend extends no guarantee that the Services will cater to User's needs, be devoid of errors, continuous, or impervious to security breaches.
    3. UpSend disavows all warranties, explicit or implicit, encompassing but not limited to, warranties of merchantability, suitability for specific purposes, and non-violation.
  6. Limitation of Liability
    1. UpSend shall not be held accountable for any damages that arise from utilization, inability to use, or reliance on the Services, comprising but not restricted to, direct, indirect, ancillary, exceptional, or ensuing damages.
    2. UpSend's liability for any assertion stemming from or related to this Agreement shall not go beyond the sum paid by User to UpSend for the Services.
    3. UpSend shall not be held responsible for any damages resulting from unauthorized access to, or exploitation of, User Content.
  7. Indemnification
    1. User commits to indemnify, shield, and absolve UpSend and its executive cadre.
    2. User pledges to indemnify, safeguard, and release UpSend, along with its executives, directors, employees, agents, and affiliates, from any and all claims, damages, obligations, expenses, and costs, encompassing reasonable attorney fees, stemming from or connected to User's utilization of the Services, User Content, or User's violation of this Agreement.
  8. Termination
    1. UpSend retains the prerogative to annul this Agreement and User's entry to the Services at any juncture, without the compulsion to state cause, by notifying User.
    2. Upon cessation, User's access to the Services shall be forthwith terminated and all User Content deleted.
    3. The mandates of Sections 3, 5, 6, 7, and 9 of this Agreement shall endure notwithstanding any cessation.
  9. Governing Law and Jurisdiction
    1. This Agreement shall be regulated by and construed in accordance with the legislation of the state of Gdańsk, Poland, without acceding to any preference for jurisdiction or conflict of law regulations.
    2. Any dispute emerging from or related to this Agreement shall be exclusively settled in the federal and state courts located in Gdańsk, Poland.
  10. Miscellaneous
    1. This Agreement embodies the entire concord between UpSend and User concerning the Services and supersedes all prior agreements and understandings, whether documented or verbal.
    2. UpSend may delegate this Agreement or any of its entitlements or commitments herein without requisitioning User's antecedent acquiescence.
    3. User may not cede this Agreement or any of its entitlements or commitments herein without prior written sanction from UpSend.
    4. The deficiency of action by either party to reinforce any stipulation of this Agreement shall not constitute a renunciation of such stipulation or the entitlement to enforce said stipulation.
    5. If any stipulation of this Agreement is judged to be void or unenforceable, the surviving stipulations shall persist in full force and effect.

By utilizing the Services, User consents to be tethered to the stipulations and prerequisites of this Agreement. If User dissents from these conditions, they may not utilize the Services presented by UpSend.