Terms of Use

Last updated: 16.05.2023

These terms of use (“Terms of Use”) apply when you visit this or any other website (“Website”, or “Websites”)
owned or controlled by ATENBI Sp. z o. o., based in Warsaw (address: ul. Plac Stanisława Małachowskiego 2,
00-066; registration: District Court for the capital city of Warsaw in Warsaw XII Commercial Department of the
National Court Register, NCR/KRS number: 894682; tax ID number/NIP: 5252859842; share capital: PLN
12,000.00; “ATENBI”). By browsing any Website or using services or computer programs available on the
Websites (“Services”, “Programs”, respectively), you acknowledge that you have read, understood, and agreed
to be legally bound by these Terms of Use.

If you do not accept these Terms of Use, then you are not granted permission to browse, access, or otherwise use
the Websites, Services, or Programs. These Terms of Use are without prejudice to other applicable policies, rules
and regulations, or terms and conditions to which you may be subject when purchasing or otherwise obtaining
rights in particular products, services, or the like offered by ATENBI.

Information, data, text, graphics, images, audio and/or visual recordings or works, Services and Programs, and
other materials provided by ATENBI, its licensors, or you on the Websites (“Content”) may be protected by
copyright or their use may be subject to other legal restrictions.

You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative
works, any portion of the Website or Content without prior express consent. ATENBI may remove, change,
update, and introduce improvements or changes to the Website or Content at any time and without notice.
By sending Content to ATENBI or posting Content on the Website, you hereby grant ATENBI an unrestricted,
irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sublicensable right and license to use,
reproduce, display, perform, modify, transmit, create derivative works of, distribute, and otherwise exploit such
Content, and you also agree that ATENBI is free to use any ideas, concepts, know-how, or techniques that you
send us for any purpose.

By accessing or using the Websites or Content, you agree that you: (i) will not use the Websites or Content for
any unlawful purpose; (ii) may not use the Websites or Content to engage in any commercial activities,
including, without limitation, advertising or promoting a product, service, or company; (iii) will not access or use
the Websites or Content to collect any market research for a competing business; (iv) will not upload, post, e-
mail, transmit, or otherwise make available any Content that: (a) is false, deceptive, misleading, deceitful,
misinformative, or constitutes a “bait and switch” offer; (b) infringes any copyright, trademark, right of
publicity, or other proprietary rights of any person or entity; (c) is threatening, tortious, defamatory, libelous,
indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or (d) discloses any
sensitive information about another person, including that person’s e-mail address, postal address, phone
number, credit card information, or any similar information; (v) will not “stalk” or otherwise harass another; (vi)
will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person
or entity; (vii) will not cover, obscure, block, or in any way interfere with any safety features on the Websites;
(viii) will not take any action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our technical infrastructure; (ix) will not use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Websites or Content,
except for Internet search engines and non-commercial public archives that comply with our robots.txt file; (x)
will not use any automated device or software that enables the submission of automatic postings on the Websites
without human intervention or authorship, including, without limitation, the use of any such automated posting
device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
(xi) will not interfere with or attempt to interrupt the proper operation or accessibility of the Websites or Content
through the use of any virus, device, information collection or transmission mechanism, software or routine, or
access or attempt to gain access to any data, files, or passwords related to the Sites or the Services through
hacking, password or data mining, or any other means.

ATENBI, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, “WE”)
HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO
THE WEBSITES AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING
OR USAGE OF TRADE. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE
WEBSITES AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS, OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
WEBSITES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NONE OF US SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF
THE WEBSITES OR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR CONTENT,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM.
IN NO EVENT SHALL ANY OF US BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR
INABILITY TO USE THE WEBSITES OR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – INSOFAR AS THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU UNDER APPLICABLE MANDATORY
PROVISIONS OF LAW. IN ANY EVENT, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I)
ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold us harmless from and against any and all third party claims, losses,
liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Websites
and/or the Content; (ii) your violation of any term of these Terms of Use; and/or (iii) your violation of any third
party right. This defense and indemnification obligation will survive termination, modification, or expiration of
these Terms of Use.
Your use of the Websites and/or the Content may involve the transmission of your personal information. Our
policy regarding the processing of personal information is governed by our Privacy Policy,
which is hereby incorporated by reference in its entirety.

These Terms of Use will be construed, interpreted, and performed exclusively according to the laws of the
Republic of Poland, without regard to its conflict of laws principles. You expressly agree that any action at law
or in equity arising out of or directly or indirectly relating to these Terms of Use, the Websites or Content will be
filed only in courts having jurisdiction over the registered office of ATENBI.

These Terms of Use are effective as of the date stated at the top. ATENBI may change these Terms of Use from
time to time. You must refer back to these Terms of Use on a regular basis. If you visit the Websites or use the
Content after a change to these Terms of Use is posted, you will be bound by such change.

If you have any questions regarding the above notices, please contact us at hello@atenbi.com.