Terms of Service

1. Introduction

Welcome to Ponad Sp. z o.o. ("Ponad", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content or materials (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Company Information

3. Description of Services

Ponad provides software development, consulting, and related technology services. Our Services include but are not limited to:

• Custom software development and engineering
• Web and mobile application development
• Technical consulting and advisory services
• MVP (Minimum Viable Product) development
• Software architecture and design
• Code review and technical audits

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

5. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information when requested
• Use the Services only for lawful purposes and in accordance with these Terms
• Not engage in any activity that interferes with or disrupts our Services
• Not attempt to gain unauthorized access to any part of our Services or systems
• Not use our Services to transmit harmful, offensive, or illegal content
• Comply with all applicable laws and regulations in your jurisdiction

6. Intellectual Property

Our Intellectual Property

All content, trademarks, logos, and intellectual property displayed on our website are owned by or licensed to Ponad. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.

Client Work

Ownership of work product created during a client engagement will be governed by the specific agreement between Ponad and the client. Unless otherwise agreed in writing, all intellectual property rights in custom deliverables will transfer to the client upon full payment.

7. Confidentiality

We treat all client information as confidential. Any confidential information shared with us during the course of our engagement will be protected and not disclosed to third parties without your consent, except as required by law. Specific confidentiality obligations will be outlined in individual service agreements.

8. Payment Terms

Payment terms for our Services will be specified in individual proposals, quotes, or service agreements. General payment terms include:

• All prices are quoted in the currency specified in the agreement (typically EUR or USD)
• Payment is due within the timeframe specified in the invoice (typically 14 days)
• Late payments may incur interest charges as permitted by applicable law
• We reserve the right to suspend Services for overdue accounts

9. Project Engagement

Specific project terms, including scope, timeline, deliverables, and pricing, will be defined in a separate service agreement or statement of work. These Terms serve as the general framework for all engagements unless superseded by specific provisions in individual agreements.

We reserve the right to decline any project or terminate an engagement if, in our sole discretion, we determine that the project is not suitable for our team or conflicts with our values.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• We are not liable for any damages resulting from circumstances beyond our reasonable control

Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

11. Warranties and Disclaimers

We provide our Services with reasonable skill and care. However, except as expressly stated in these Terms or a separate service agreement:

• Our Services are provided "as is" without warranties of any kind, whether express or implied
• We do not warrant that our Services will be uninterrupted, error-free, or completely secure
• We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement

12. Indemnification

You agree to indemnify, defend, and hold harmless Ponad and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of our Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

Either party may terminate the use of Services:

• By mutual written agreement
• If the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice
• Immediately if the other party becomes insolvent or enters bankruptcy proceedings

Upon termination, you shall pay all amounts owed for Services rendered. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or strikes.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in Katowice, Poland. However, we reserve the right to seek injunctive relief in any court of competent jurisdiction.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and Ponad regarding the use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Us

If you have any questions about these Terms of Service, please contact us: