General Terms and Conditions

The MATT R. P. Trączyńscy Sp. J. ("MATT") company provides a variety of features, applications, services that can be used using devices, services and software of MATT or third-party ("Products").

These General Terms and Conditions (“Terms”) apply and are binding on the use of MATT Products.

 

1.      ACCEPTANCE OF MATT TERMS AND CONDITIONS

1.1.   By using MATT Products, the User confirms that he/she accept these Terms..
The current terms and conditions can be found at mattnx.eu/terms

These terms may change, for example to reflect changes in law or changes to the Products. Registered Users will be notified about changes to the Terms by e-mail to the e-mail address provided during registration. The notification will be sent at least 14 days before the updated Terms come into force, excluding changes regarding new Products or changes resulting from legal provisions, which will enter into force immediately after their announcement and sending the above notification. If the User does not agree to the changes, he/she must stop using Products. By continuing to use the Products after the Terms have been updated, the User confirms that he/she understands and accepts the updated content.

2.      USING MATT PRODUCTS

2.1.   MATT grants the User a limited, non-exclusive, non-transferable and revocable license to use its Products. The User may use the Products only in accordance with these Terms and the instructions provided for such Products. This includes references to the Products and includes all related content and any other materials used to implement and provide access to them, including any updates, modifications, patches or additions that MATT makes available to the User. The User agrees that the Products belong to MATT and MATT’s partners and are protected by applicable patents, copyrights, trademarks, trade secrets and other intellectual property rights and treaties. These Terms do not give the User any ownership rights or interests in the Products, only a limited right to use them, which may be revoked under these Terms. The availability and functions of individual Products may vary depending on the User’s place of residence, device and version of software or operating system used by the User.

2.2.   MATT makes every effort to protect the safety of all Users of their Products and the intellectual property of their manufacturer. MATT also strives to make its Products available without interruption or disruption. To help to achieve these goals, The User agrees that he/she:

1.           Will not reverse engineer, decompile, disassemble, or attempt to discover the source code or algorithms of Products.

2.           Will not change or disable any features of Products.

3.           Will not create any derivatives based on Products.

4.           Will not rent, lease, license or provide commercial hosting services using Products.

5.           Will not infringe the intellectual property rights or rights of others when using Products.

6.           Will not use the Products in violation of these Terms or any laws, rules, regulations, codes of practice, guidelines or other regulatory requirements, as amended, in force in the jurisdiction in which the User is a resident or use the Products (“Applicable Laws”).

7.           Will not use Products in a fraudulent or malicious manner, for example to introduce viruses, malicious code or harmful data.

8.           Will not use Products in a manner that could damage, disable, overburden, limit, or impair the functionality of their systems or security features or interfere with other users.

9.           Will not gather or collect any information or data from Products or systems, and will not attempt to decrypt any transmissions to or from the servers hosting Products, except to the extent permitted by Applicable Law.

2.3.   MATT Products may require Internet access in order for the User to use certain features. The User  acknowledges that Internet access may incur charges depending on a payment plan and that MATT is not responsible for the availability or speed of such Internet connection.

2.4.   MATT is always trying to improve its Products. To provide improvements and new features, MATT may provide updates or upgrades to its Products. Updates and upgrades are designed to improve and further develop Products and may include fixes, enhanced features, plug-ins and new releases. Necessary updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect all users. The User should update the Products to ensure proper operation of all of its features.

2.5.   The User is entitled to use basic support services for the Products. Such support is provided by MATT or a MATT Partner, depending on where the User purchased the Product. Information about the basic and extended scope of support (concerning the environment in which MATT Products work) is available from the MATT Sales Department (email: biuro@matt.pl, tel. +48 789 00 11 55).

2.6.   The User agrees that other MATT products, services or goods might be promoted while using Products (e.g., by displaying an advertisement).

2.7.   Products may be delivered in several commercial versions. MATT reserves the right, for a certain period of time, to make all functions of the Product available to the User in order to enable familiarize with them. After this period, these functionalities may be disabled. The User will only have access to features compatible with the purchased retail version. MATT also reserves the right, for a certain period, to provide the User with additional other functions, including test ones, which may be disabled at any time without giving a reason or prior notice.

3.      MATT ACCOUNT

3.1.   In order to use some of Products, the User may be required to create an account (“Account”). By creating an Account, the User agrees to:

1. Provide accurate, complete and true information when creating an Account.
2. Update the Account if details change.
3. Secure the password and not share it with anyone.
4. Contact MATT immediately if there is a suspicion someone else is using the Account.

3.2.   Please refer to MATT Privacy Policy for more information on how MATT uses the information that the User is providing when creating an Account and why this information is required, for example to ensure the security of the Account. One should note that the User will not be able to create or maintain an Account if the required information is not provided.

4.      CHANGE / TERMINATION OF THE AGREEMENT

4.1.   MATT may at any time:

1.           Change, add, suspend or remove features in its Products.

2.           Suspend or terminate the User’s right to use Products, including disabling access to the User’s Account or data.

3.           Monitor, verify, flag, filter, modify, reject, block, remove or disable access to any content on Products.

4.2.   The User may terminate these Terms at any time by deleting the Account and/or ceasing to use  the Products.

4.3.   MATT may suspend or delete the User Account or discontinue providing all or part of its services to the User at any time if:

1.           MATT reasonably suspects that User has breached these Terms or the instructions MATT provides in its Products.

2.           The User expressly communicates (either directly or through its actions, statements or otherwise) that he/she does not intend to abide by these Terms.

3.           MATT decides to discontinue all or part of its services (either globally or in the country where the User is a resident or where he/she uses MATT services).

4.           MATT is obliged under Applicable Law to terminate all or part of its services (for example, due to changes in Applicable Law or because of court judgments or orders that render the services or parts of them unlawful).

In the event of suspension or deletion of a User’s Account, MATT will make every effort to notify the User using the e-mail address associated with his/her Account or the next time The User attempts to access the Account or the Products, as applicable. In all such cases, these Terms will terminate, including without limitation User license to use the Products. This means that The User must stop using all of Products. Termination of these Terms will not have any effect on any rights, obligations and liabilities of the User or MATT arising during the term of these Terms. The User may submit a request to share his or her data before it is deleted. MATT may charge a fee for such service.

4.4.   MATT will notify the User of any changes, suspension or discontinuance of its services, unless such action is urgently required. In such case MATT will notify the User when the services are changed, suspended or discontinued. To the maximum extent permitted under Applicable Law, MATT will not be liable to the User or any third party should MATT exercise any such rights.

4.5.   If User services have been cancelled by the User or by MATT:

1.           The User’s right to access the services terminates immediately,

2.           MATT will delete User data associated with his/her service (unless MATT is required to retain, return or transfer User data to him/her or a third party designated by the User by law).

5.      RESPONSIBILITY

5.1.   MATT Products are offered "AS IS" for purposes identified solely by MATT. The User uses them entirely at own risk. The Products and the results and information obtained from them cannot replace technical advice and require verification by the User. They are not promises and should not be relied upon as accurate data or analysis. MATT excludes all warranties and conditions relating to the products and services, whether express, implied or statutory, including, without limitation, the warranties of merchantability, quality, fitness for a particular purpose, accuracy and non-infringement. MATT does not guarantee that the Products will meet User requirements. MATT does not guarantee uninterrupted, error-free operation of the Products.
To the maximum extent permitted by applicable law, MATT will not be liable for any loss, damage or liability (i) where the loss is indirect, incidental, special, consequential or includes punitive or dissuasive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) or if the loss relates to errors, omissions, connection or connectivity problems or network charges.

5.2.   Subject to mandatory provisions of law, MATT’s total liability will not exceed the purchase value of the Product.

5.3.   User is solely responsible for any damage or loss incurred when allowing another person to use the Product. It is the User’s responsibility to ensure the safety of the Product. MATT is not liable for any loss or damage incurred by the User due to loss, theft or damage to the Product.

6.      GENERAL PROVISIONS

6.1.   MATT respects the intellectual property rights of others. MATT may suspend or terminate an Account or discontinue all or part of its services with respect to an Account if it reasonably believes that the holder of such Account is infringing intellectual property rights.

6.2.   The law applicable to the obligations arising from the Terms is the Polish law.

6.3.   Disputes arising from or relating to the Terms and not resolved through settlement negotiations will be resolved by a common court having jurisdiction over the registered office of MATT.

6.4.   These Terms, MATT Privacy Policy, any additional terms that accompany Products, any amendments and any additional agreements User may enter into with MATT constitute the entire agreement between User and MATT with respect to Products, and supersede any prior or contemporaneous agreements. communications, offers and representations relating to Products or subject matter covered by these Terms. If any provision of these Terms is held to be invalid, illegal or unenforceable (in whole or in part), that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect. The User may be subject to additional terms and conditions that govern your use of third-party services, content or software.

6.5.   If MATT does not exercise or enforce any rights or remedies set forth in these Terms or available to MATT under Applicable Laws, this will not be construed as a formal waiver of its rights or remedies, and such rights or remedies will remain available to MATT.

6.6.   No resolution in these Terms and Conditions gives the User the right to use the MATT name or the trademarks, logos, domain names and other distinctive features of the MATT brand. All rights in Products (excluding content provided by third parties) are and will remain the exclusive property of MATT and MATT’s licensors. If the User chooses to provide comments, ideas, feedback or suggestions, MATT may use such comments, ideas, information or suggestions in any way it wishes and without any obligation to the User.

6.7.   In using the Products, the User agrees to comply with all Applicable Laws, including, without limitation: any laws or regulations relating to export restrictions.

6.8.   All provisions contained in these Terms which by their nature should apply, including, without limitation, the following sections: ownership provisions, warranty disclaimers, limitations of liability, indemnification and general provisions will retain legal force after the expiration or termination of these Terms and Conditions, and will remain valid and binding.

6.9.   The User consents to receiving all agreements, notices, disclosures and other communications by electronic means, including email, push notifications, pop-ups or text messages.

7.      SPECIAL PRODUCT CONDITIONS

7.1.   These Terms apply to all of our Products, and the provisions of this Section (“Special Conditions”) apply only to specific services. In the event of any conflict between the content of these Special Conditions and the remaining provisions of these Terms, the Special Conditions shall apply. MATT may additionally provide separate terms, conditions and guidelines within each Product.

7.2.   In the case of the MATT NX system, unless otherwise agreed, the User has the right to: (i) install one instance of the MATT NX Black / Black mini software in the Customer’s defined IT environment, (ii) use the software in one geographical location the User provides during activation process or – in the case of firmware – in one device (iii) the use of a maximum of 5 trusted devices, i.e. devices/terminals authorized by the administrator to work with the system.

7.3.   If the User stops paying subscription fees for the UTPNX device, most or all of its features may become unavailable.

7.4.   The stand-alone software license applies only to the User’s hardware, location and software configuration that was agreed in the contract or during software activation or account activation and requires the User to pay a license fee.

7.5.   The User may use the MATT NX Service for the subscription period for which the fee has been paid.

Unless otherwise agreed, the subscription period is 1 year from the moment of activation of the User account, i.e. assigning the software license to a specific User’s device on which the software will be installed.

7.6.   The MATT NX Service may be unavailable for the time necessary to: (i) make changes to it, (ii) provide warranty services, or (iii) maintain and test the system used to provide the Service. The service may also be unavailable due to Force Majeure events. Periods of unavailability of the service for the reasons referred to above do not affect the subscription period and are treated as performance of the contract as agreed. If the cloud service is continuously unavailable for a period longer than 1% of the total subscription period (e.g. due to a failure), the User has the right to receive a partial refund in the form of extending the use of the service for this period.

8.      USER DATA

8.1.   MATT stores data about the owner or the person representing the owner, the person administering the system and users in order to: ensure system security, contact with the User (marketing, technical support, product customization, etc.). MATT enables the User to collect and store data related to the nature of the services provided, including personal data.

8.2.   The User declares and ensures that during the period these terms and conditions are in force, User has and will have all rights to his/her data that is transmitted to and stored in the Products and that the collection, use and storage of such data through the Products will not violate any laws or regulations of other people.

8.3.   MATT may store and process User’s data using the technical infrastructure of a company providing hosting services in the European Union. To the extent necessary to provide services to the User (which may include changing the size, shape or format of such data in order to better store or display it to the User), protect the User and the Products and improve them, User grants MATT a royalty-free intellectual property license to use his/her data, including making copies, storing, reformatting, processing and displaying it in the Products available to you.

8.4.   MATT commits not to disclose User data unless required by law.

8.5.   The User and MATT agree that the User is the controller of personal data and MATT is the entity processing this data. Therefore, the User is obliged to comply with the requirements of the General Data Protection Regulation (GDPR) of April 27, 2016. Personal data in the Products are processed only for purposes related to their direct functioning.