Terms of Service

These Terms of Service govern your use of the website located at https://www.nextbento.dev and any related services provided by Szara Sowa Software Development - Władysław Kłaczkow ("NextBento", "we", "us").

By accessing this website or purchasing NextBento, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Szara Sowa Software Development - Władysław Kłaczkow.

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, this page will be updated. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on .

1. Operator

The website and NextBento product are operated by:

Szara Sowa Software Development - Władysław Kłaczkow
Operating under the brand name "NextBento".
Tax ID (NIP): 5272964677
Stefana Batorego 18/108
02-591 Warszawa
Poland
Email: wlad@wlad.me
Web: wlad.me

2. Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website or in the NextBento product;
  2. remove any copyright or other proprietary notations from any materials and software on this website or in the NextBento product;
  3. transfer the materials to another person or "mirror" the materials on any other server without authorization;
  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service we provide;
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this website or its associated services in violation of any applicable laws or regulations;
  7. use this website in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user's consent; or
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

3. Intellectual Property

The intellectual property in the materials contained on this website and in the NextBento product are owned by or licensed to Władysław Kłaczkow / Szara Sowa Software Development - Władysław Kłaczkow and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use, subject to the Software License applicable to your purchase.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by us at any time as described in our License.

4. Software License

The NextBento Software License facilitates the acquisition of NextBento through a single purchase, granting users unrestricted and perpetual access to its functionalities. Tailored for independent creators, entrepreneurs, and small businesses, NextBento empowers users to build and ship SaaS applications.

This license entails a straightforward and flexible arrangement, exempting users from recurring fees or subscriptions. Full license terms are set out in our End User License Agreement.

5. Products and Delivery

All products and services are delivered by Szara Sowa Software Development - Władysław Kłaczkow. Download files can be accessed and downloaded from a private GitHub repository. Access is granted upon successful payment verification.

6. Payment and Security

We do not process any order payments directly through the website. All payments are processed securely through Stripe, a third-party payment processor. Payment card data is not stored by NextBento. You agree to Stripe's terms of service when completing a purchase.

7. Refunds

Due to the nature of digital products, the NextBento boilerplate cannot be refunded or exchanged once access is granted. By downloading or accessing the product, you acknowledge that you have received the digital content and that your right of withdrawal may be forfeited where applicable under the Consumer Rights Directive.

Nothing in this section affects your statutory rights as a consumer in the European Union or elsewhere where such rights cannot be waived by contract.

8. Disclaimer

Our website and the materials on our website are provided on an "as is" basis. To the extent permitted by law, Szara Sowa Software Development - Władysław Kłaczkow makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

It is not warranted that NextBento will meet your requirements or that its operation will be uninterrupted or error free. All express and implied warranties or conditions not stated in this Agreement are excluded and expressly disclaimed to the extent permitted by applicable law.

9. Limitation of Liability

In no event shall Szara Sowa Software Development - Władysław Kłaczkow or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if we or an authorized representative have been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Notwithstanding the above, in the event that we are deemed liable to you for breach of this Agreement, you agree that liability is limited to the amount actually paid by you for the NextBento product or related services. You hereby release Szara Sowa Software Development - Władysław Kłaczkow from any and all obligations, liabilities and claims in excess of this limitation.

We shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. User Responsibilities

We are not responsible for what you do with user-generated content or with the NextBento product once you have obtained it. You are solely responsible for ensuring that your use of NextBento and any applications you build with it comply with applicable laws and regulations.

11. Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

12. Links

We have not reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked site is at your own risk and we strongly advise you to make your own investigations with respect to the suitability of those sites.

13. Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

14. Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

15. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Poland. Subject to the consumer rights below, you irrevocably submit to the exclusive jurisdiction of the common courts in Warsaw, Poland for disputes arising out of or relating to these Terms.

If you are a consumer resident in the European Union, you may also bring claims in the courts of your country of residence where permitted by applicable law, including Regulation (EU) No 1215/2012 (Brussels I Recast).

16. No Agency

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Szara Sowa Software Development - Władysław Kłaczkow as a result of your use of these services. You agree not to hold yourself out as a representative, agent, or employee of Władysław Kłaczkow or NextBento. You agree that we will not be liable by reason of any representation, act, or omission to act by you.

17. Statutory Rights

This Agreement does not affect your statutory rights as a consumer. Where applicable law provides you with rights that cannot be waived or limited by contract, those rights remain in full force and effect.

18. Contact

For questions about these Terms of Service, please contact us at wlad@wlad.me or via wlad.me.

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