PLEASE READ THIS CHROMAPORT TERMS OF SERVICE CAREFULLY BEFORE USING THIS PLATFORM .
These Terms of Service (“Terms”, “Agreement”) govern the contractual relationship between Chromaport Sp. z o. o. (“Chromaport”, “we”, or “us”), registered with the National Court Register (KRS) under KRS number 0001217998, NIP (Taxpayer Identification Number) 9552593267, REGON (National Business Registry Number) 543758593, and you (“Customer”, “you”, “your”).
The Chromaport website and its subdomains (collectively, the “Chromaport Website”), the Chromaport software (including any cloud-based services provided by Chromaport) and associated documentation that is made available to you by Chromaport (“Chromaport Software”), all Chromaport desktop and mobile applications, addon components, customized settings and features, and all updates and release versions (collectively, the “Chromaport App”), and the services and resources available or enabled via the Chromaport Website, Chromaport Software, or the Chromaport App (collectively the “Chromaport Offerings”) are controlled by Chromaport.
You agree to be bound by the following provisions by either registering on the Chromaport Website or Chromaport App or by visiting, browsing, downloading, installing, using any of the products or services in the Chromaport Offerings, or by explicitly agreeing to these Terms.
By using any of the Chromaport Offerings, you agree to the terms of the privacy policy applicable to them (the "Chromaport Privacy Policy”), as currently available at https://chromaport.com/privacy-policy. The Chromaport Privacy Policy is incorporated by reference and governs your use of the Chromaport Offerings, as well as any information that you provide to Chromaport, and any information that Chromaport otherwise collects via the Chromaport Offerings. You affirm that you have read and accept the Chromaport Privacy Policy and its terms.
Before using Chromaport Offerings, you must verify if personal data is processed by Chromaport on your behalf as a data controller. If so, the Data Processing Agreement (“DPA”) available at https://chromaport.com/dpa shall apply.
Chromaport may collect and process non-personal or anonymous data to improve functionality and your experience with the Chromaport Offerings. Non-personal or anonymous data means information that does not identify any individual, either directly or indirectly.
You agree that Chromaport owns all rights to such non-personal or anonymous data and may use it for any purpose, including development, diagnostics, security, marketing, or other purposes.
You are solely responsible for providing all equipment, hardware, and software necessary to access the Chromaport Offerings. This includes, but is not limited to, a mobile device suitable for connecting to and using the Chromaport App.
Your hardware and software must meet the minimum technical requirements for the then-current version of the software, as outlined in the system requirements available at https://chromaport.com/hardware-requirements.
To use the Chromaport App, you must have access to a wired or wireless network. You are solely responsible for any fees associated with network access, including Internet or mobile data charges when using any of the Chromaport Offerings.
To access the Chromaport Offerings, you must register for a Chromaport account (“Chromaport Account”) and provide certain information, such as a valid email address.
You represent and warrant that:
(a) all information submitted during registration is truthful and accurate, and
(b) you are solely responsible for maintaining the accuracy of such information.
You are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their Chromaport Account.
Communications sent to the information provided by you will satisfy any requirements for legal notices.
Subject to your compliance with these Terms, Chromaport grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Chromaport App on devices you own or control. This license is solely for personal or internal business purposes, as applicable.
You have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt otherwise attempt to derive the source code of the Chromaport Software in whole or in part.
For Free users, subject to compliance with these Terms, Chromaport grants a limited, non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use, access, and download the Chromaport App on devices you own or control solely for personal, non-commercial use, including streaming content you own or you are authorized to stream.
For subscribers of Chromaport “Pro”, a member of a “Pro Workspace” in Chromaport, as expressly subject to your compliance with these Terms or any governing agreement between yourself and Chromaport or its affiliates, Chromaport grants a limited, non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use, access and download (as applicable) the Chromaport App on devices you own or control to connect to or host sessions for commercial use. Some elements of the Chromaport App may be subject to open-source licenses, which may contain terms that override these Terms. You agree to comply with any such open-source license terms.
Any use of Chromaport Offerings and/or other services that is not expressly granted is prohibited. In particular, you shall not, or allow a third party to: (i) use Chromaport Offerings to distribute illegal and/or infringing content (ii) modify, create derivative works, translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code or the object code of Chromaport Offerings; (iii) use Chromaport Offerings under any circumstance whatsoever directly or indirectly in a computer service business or service bureau or in a rental or commercial timesharing arrangement or as a spyware; (iv) remove, modify or obscure any copyright, trade secret, confidentiality, trademark, service mark or other proprietary rights, serial number, notice, legend or similar on any copy of Chromaport Offerings, or related data, manuals, documentation or other materials; (v) market, sell, lend, rent, lease, or otherwise distribute or provide access to Chromaport Offerings to third parties; or (vi) except as otherwise expressly provided herein, assign, sublicense or otherwise transfer any rights in or to Chromaport Offerings. This shall not affect your mandatory statutory rights.
As between the parties, Chromaport retains all right, title and interest in and to Chromaport Offerings (including any customization and release versions) and in all copies, modifications and derivative works of Chromaport Offerings including, without limitation, all rights to patent, copyright, trade secret, know-how, trademark and other proprietary or intellectual property rights, even if provided to or otherwise contributed by you.
All intellectual property rights related to the Chromaport Offerings remain with Chromaport, except where expressly granted to you under these Terms. The rights granted to you do not include any rights in Chromaport Offerings source code.
Except for the limited licenses granted in License section herein, Chromaport reserves all rights not expressly granted to you in these Terms.
In addition to the items included in the definition in the Chromaport Terms of Service, within these Chromaport Terms, “Your Content” means any information and content that you submit to, or use with, the Chromaport Offerings (including content streamed through the Chromaport Software, content submitted to message boards, content emailed, transmitted, or otherwise made available through equivalent areas of the Chromaport Website). You are solely responsible for Your Content, including owning copies of all games and applications that you host via the Chromaport Offerings. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party.
You hereby represent and warrant that Your Content does not and will not violate Chromaport Terms or any policies therein, and that you own or control all necessary intellectual property rights in and to Your Content, including to stream Your Content through the Chromaport Offerings.
In addition to other restrictions and policies imposed by these Terms, you agree not to use, or permit others to use the Chromaport Offerings to collect, upload, transmit, display, stream, or distribute content that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Chromaport explicitly reserves the right to terminate your Chromaport Account upon known or reasonably suspected violation of the foregoing.
Unless otherwise specified with respect to a particular offering by Chromaport, Chromaport is not obligated to backup any Your Content, and Your Content, to the extent stored on Chromaport equipment, may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content as desired.
To the extent that you provide Your Content to Chromaport (in connection with, but not limited to, workspaces, computers, apps, communications with other members, etc.), you hereby grant (and represents and warrants that you have the right to grant) to Chromaport an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content, and to grant sublicenses of the foregoing rights, in connection with the operation and improvement of the Chromaport Offerings. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content. For the sake of clarity, Chromaport does not, and will not (unless required by law), record User Content streamed over the Chromaport Offerings or otherwise use, disclose, or share such streamed content with any third parties, as further outlined in the Chromaport Privacy Policy.
Chromaport takes no responsibility and assumes no liability for Your Content or for any loss or damage resulting therefrom, nor is Chromaport liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in Your Content when using the Chromaport Offerings.Your use of the Chromaport Offerings is at your own risk. In addition, Chromaport assumes no liability towards third parties’ reasonable expectation that the Chromaport Offerings will not contain any content that is prohibited by these Terms. Chromaport reserves the right (but has no obligation) to investigate and/or take appropriate action against you, in our sole discretion, with respect to Your Content if you violate these Terms. Such action may include removing or modifying Your Content, terminating your Chromaport Account, blocking Chromaport Offerings functionalities and/or reporting you to law enforcement authorities.
Chromaport Offerings allow users to share access to their computers in order to stream content. You are responsible for Your Content that you make available via the Chromaport Offerings and you are responsible for determining the appropriate access settings to your computer running any of the Chromaport Offerings for individuals you invite to access your computer using the Chromaport Offerings. You are obligated to prevent unauthorized access by third parties to protected data areas by taking appropriate precautions. The software included with Chromaport allows access to some of the host computer's functions, such as the mouse and keyboard (remote access). You are solely responsible for determining the appropriate level of access to your computer, and for any consequences, including loss of data, virus or malware infection, unauthorized use, or other acts of individuals who you allow to access your computer through the Chromaport Offerings.
Chromaport does not monitor and is not responsible for Your Content or content that is streamed by you over the Chromaport Offerings or any loss or damage that results from its use to share computers. You are solely responsible for Your Content. Chromaport makes no guarantees regarding the accuracy, currency, suitability, or quality of Your Content or any other content provided by other users. Your interactions with other users are solely between you and such users. You agree that Chromaport will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, Chromaport is under no obligation to become involved or otherwise intervene.
You acknowledge and agree that Chromaport may update Chromaport Offerings, including system requirements, with or without notifying you. You may need to update third-party software from time to time to use some or all Chromaport Offerings. Unless otherwise indicated, any future release, update, or other addition to functionality of the Chromaport Offerings will be subject to the Terms. Finally, you acknowledge and agree that Chromaport has no obligation under these Terms to provide patches, updates, new releases, or new versions of Chromaport Offerings.
You must use a supported version of Chromaport Offerings and schedule updates and upgrades accordingly. Chromaport reserves the right to deactivate outdated Chromaport Offerings versions.
You shall only use the Chromaport Offerings in accordance with the provisions of these Terms and applicable laws and regulations, all applicable data protection and export control regulations, and shall not infringe any third-party rights in connection with such use.
Deleting your Chromaport Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing subscriptions or other dues to Chromaport or its affiliates arising from the Chromaport Offerings.
You are obligated to prevent unauthorized access by third parties to protected data areas by taking appropriate precautions. If you recognize that such an infringement is imminent, Chromaport must be informed immediately.
Your personal access data shall adhere to current best practices for information security, must not be disclosed to third parties, and must be protected from unauthorized access. If there is any reason to suspect that unauthorized persons have gained access to your access data, you must change them immediately.
You take sole responsibility for any activities or actions under your Chromaport Account, irrespective of whether you have authorized such activities or actions.
You are solely responsible for Your Content, including but not limited to determining appropriate level of access to your computers and data backups.
Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your Chromaport Account, and you further acknowledge and agree that all rights in and to your Chromaport Account are and shall forever be owned by and inure to the benefit of Chromaport.
You acknowledge and agree that Chromaport will have no obligation to provide you with any support or maintenance in connection with the Chromaport Offerings. Technical support may be offered by Chromaport at its sole discretion as described on the Chromaport website.
Unless expressly agreed otherwise in writing (including in these Terms) and to the extent permitted by law, Chromaport does not provide any warranties, including any specific performance, error-free, quality or durability warranties. Technical data, specifications and performance data in public statements, including in advertising material, do not constitute quality specifications.
Data communication via Internet or WLAN cannot be guaranteed to be completely secure, error-free and/or available at all times. Chromaport is not responsible for establishing an Internet or network connection and therefore, does not guarantee the continuous availability of Chromaport Offerings.
In the event of material defects in standard software supplied by third parties, Chromaport may assign its claims against suppliers, manufacturers or other third parties.
Chromaport will not warrant or commit that it will be able to correct all reported defects or the use of the Chromaport Offerings or any other deliverables will be uninterrupted or error free or Chromaport Offerings will meet your requirements or expectations, or will serve your intended use or business purposes.
Chromaport makes no warranties regarding features or services provided by third parties, nor for the compatibility of Chromaport Offerings with such third-party solutions. This shall also apply if Chromaport has been advised of such intended business purposes in advance.
Chromaport does not guarantee a specific scope of services and reserves the right to change or discontinue the Chromaport Offerings at any time and without giving reasons. Chromaport assumes no maintenance obligations and no warranty towards you.
Chromaport’s liability for the use of the Chromaport Offerings is limited to injury to life, body, or health, as well as intent and gross negligence. Liability under the Polish Product Liability Act remains unaffected.
Except as provided above, Chromaport is not liable for any other damages, including but not limited to: (i) data losses or hardware disruptions caused by incompatibility of the components present on your end devices or IT systems with the new hardware and software or the hardware and software to be changed, (ii) system disruptions that may be caused by Chromaport Offerings; (iii) improper installation, operation or maintenance of the Chromaport Offerings by you; (iv) impairments resulting from the use of Chromport Offerings in conditions not corresponding to the hardware and software environment specified in the Technical Requirements or any accompanying documentation; (v) data losses caused by your failure to carry out data backups themselves which would have ensured that lost data can be restored at a reasonable expense; (vi) any consequences, including loss of data, virus or malware infection, unauthorized use, or other acts of individuals who you allow to access your computers through the Chromaport Offerings.
Strict liability for defects in the Chromaport Offerings that existed at the time these Terms were concluded is excluded.
Personal liability of Chromaport’s employees, representatives, and subcontractors is also excluded to the same extent as Chromaport’s liability is excluded or limited pursuant to the provisions in this section or under applicable law.
You agree to indemnify, defend, and hold harmless Chromaport from any and all claims, losses, damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees) arising from or related to your breach of any obligation under this Agreement that results in claims by third parties. This includes, without limitation, obligations under Export Control laws.
This indemnification does not apply if you are not responsible for the breach.
If you provide Chromaport with any feedback or suggestions regarding the Chromaport Offerings or otherwise relating to Chromaport’s business (“Feedback”), you agree that such Feedback shall not constitute your confidential or proprietary information, and hereby assign to Chromaport all rights in such Feedback. You further agree that Chromaport will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Finally, you agree that you will not submit to Chromaport any information or ideas that you consider to be confidential or proprietary.
As further outlined in the Chromaport Privacy Policy, by entering into the Agreement or using the Chromaport Offerings, you agree to receive communications from Chromaport, including via e-mail, text message, calls, and push notifications communications from us and our affiliated companies which may include but are not limited to: notices relating to these Terms, operational communications concerning the use of the Chromaport Offerings, updates concerning new and existing features on the Chromaport Offerings, communications concerning promotions run by us, and news concerning Chromaport, and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
If you are a subscriber of Chromaport “Pro” you grant to Chromaport the right to use your trade name and/or logo on our website and marketing materials to designate you as a Chromaport customer for the purpose of marketing and promoting the Chromaport Offerings.
The Chromaport Offerings may be made available or accessed in connection with third-party services and content (including advertising) that Chromaport does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Chromaport does not endorse such third-party services and content and in no event is Chromaport responsible or liable for any products or services of such third-party providers
You acknowledge and agree that the availability of any Chromaport mobile application, including the Chromaport App, is dependent on the third-party from whom you received the application license, e.g., the Apple App Store or Google Play (“App Stores”). You acknowledge that these Terms are between you and Chromaport and not with App Stores or App Stores provider. Chromaport, not App Stores, is solely responsible for the Chromaport Offerings, the content thereof, maintenance, support services, and warranty therefore granted by these Terms, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Stores in connection with the Chromaport Offerings. You agree to comply with and understand that these Terms are conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., App Stores’ terms and policies) when using the relevant Chromaport Offerings. You acknowledge that App Stores (and their subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
With respect to the Chromaport Offerings, Chromaport uses Paddle (Paddle.com Market Ltd., Paddle Payments Ltd., Paddle. com Inc., and affiliates) as a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). When purchasing a subscription to any of the Chromaport Offerings, you agree to be bound by Paddle’s Privacy Policy (currently accessible at https://paddle.com/legal/privacy) and its Terms of Service (currently accessible at https://paddle.com/legal/terms) and hereby consent and authorize Chromaport and Paddle to share any information and payment instructions you provide to the minimum extent required to complete your transactions.
You may be required to pay fees to access or use Chromaport Offerings or certain features of our services. You are responsible for paying any applicable fees listed for the Chromaport Offerings. The fees applicable to Chromaport Offerings (including information on how we calculate our fees) are set out on the Pricing Page (https://chromaport.com/pricing) unless otherwise communicated to you by Chromaport in writing.
Prices exclude any legally applicable taxes and duties.
Subscriptions for the Chromaport Offerings will remain in effect for the subscription period specified in Chromaport systems, and thereafter will automatically renew at the then-current list price, unless you or Chromaport terminate or cancel it, as applicable. Subscriptions for the Chromaport Offerings are not refundable.If you cancel your subscription, you may continue to use it until the end of your current subscription term. Your subscription will not renew after that term, and no prorated refund will be provided for any portion of the subscription fee already paid. When you add seats to your Pro plan, the prorated amount for the new seats will be charged immediately. If you decrease your Pro plan seats, you may continue to use your existing seats until the end of your current renewal period; the changes will take effect at the start of your next renewal period.
These Terms will remain in full force and effect while you use any Chromaport Offerings. You hereby acknowledge and agree that the Terms commenced on the earlier to occur of (a) the date you first used the Chromaport Offerings or (b) the date you accepted the Terms, and will remain in full force and effect while you use any Chromaport Offerings, unless earlier terminated in accordance with the Terms. Either party may terminate the Agreement at any time.
Chromaport will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Chromaport Account or terminate this Agreement and/or your right or ability to access or use any of the Chromaport Offerings if: (a) you breach this Agreement; (b) your use of the Chromaport Offerings poses a security risk to, or otherwise adversely impacts, Chromaport, the Chromaport Offerings or any third party; (c) your use of the Chromaport Offerings subjects Chromaport, our affiliates or any third party to liability; (d) your use of the Chromaport Offerings may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (f) you provide any information that is untrue, inaccurate, not current, or incomplete, or if Chromaport has reasonable grounds to suspect that any information you provide to us is untrue, inaccurate, not current or incomplete. You agree not to create a Chromaport Account or use the Chromaport Offerings if you have been previously banned from any of the Chromaport Offerings by Chromaport or by its affiliates.
The section and sub-section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. The word “may” mean “has the right, but not the obligation, to”. Your relationship to Chromaport is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Chromaport’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Chromaport may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
In the event of any suspension, disablement or termination, you acknowledge that: (i) Chromaport will have no further obligation to provide the Chromaport Offerings to you; (ii) all rights granted to you under the Terms will immediately cease; and (iii) you may no longer access any of Your Content that was previously submitted via any of the Chromaport Offerings or that was related to your Chromaport Account, and Chromaport will have no obligation to maintain or forward you Your Content. If Chromaport suspends, disables, or terminates due to your breach of these Terms, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Chromaport (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination.
Upon termination or expiration of the Contract: (i) the granted license shall end forthwith, and you shall delete the Chromaport App from its computers and refrain from any further use of the Chromaport Offerings; (ii) You shall no longer have access to the data stored in the Chromaport Offerings and the Chromaport Account. You shall be solely responsible for exporting the data – as far as possible – prior to the termination or expiration of the term of the Agreement by means of the Software functions and to store it for further use. Chromaport shall not be obligated to any further release of data. (iii) Chromaport’s right to use non-personal or anonymous data in accordance with section A.5. shall survive the termination and remain unaffected. Chromaport’s data that is processed for the purpose of performance of the Agreement shall be deleted in compliance with applicable law, the Agreement and the Data Processing Agreement, unless Chromaport is obligated by law to store it. If a deletion is only possible with unreasonable efforts (e.g., in backups), Chromaport shall be entitled to retain such data and restrict the further processing.
Chromaport shall be entitled to amend these Terms, especially – but not limited to – (i) to reflect changes in Services or in business, e.g. new products or features, services or technologies (ii) for legal, regulatory or security reasons and/or (iii) to prevent abuse or harm, upon no less than twenty-eight (28) days prior notice to you. Unless you notify Chromaport in writing of its objection to such amendment within fifteen (15) days of such notice, then the amendment shall be deemed accepted by you. If you notify Chromaport in writing of its objection to such amendment within fifteen (15) days of notice, the Agreement shall continue under the existing terms without giving effect to such amendment and Chromaport reserves the right to terminate the Agreement.
The entire relationship of Chromaport with you is subject exclusively to the laws of the Republic of Poland, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory provisions of the laws of the your country of residence who is a consumer provide otherwise.
The place of performance and exclusive place of jurisdiction is the registered office of Chromaport in Szczecin, Poland, if you have no general place of jurisdiction in the territory of the Republic of Poland.
Alternative Dispute Resolution: Chromaport does not commit to use an alternative dispute resolution entity to resolve disputes with consumers.
You shall use the Chromaport Offerings only in accordance with the provisions of the Agreement and in accordance with laws and regulations applicable to such use, in particular all applicable data protection and export control provisions and shall not infringe any third-party rights in connection with such use.
The software covered by these Terms (Chromaport Offerings) is subject to export control regulations (“Export Control Law”) in various countries, including, in particular, those of the United States, the European Union and Republic of Poland. You warrant to comply with all applicable laws and regulations and represent that will not export, re-export or transfer the Chromaport Offerings in violation of Polish, EU or U.S. law or to any restricted country, entity or person for which an export license or other governmental approval is required.
You confirm that the Chromaport Offerings and any related technology will not be used directly or indirectly for any purpose or in any way which contravenes Export Control Law
You confirm that you are not a Sanctioned Person (any natural or legal person, entity or body with which the conduct of any business or transaction is restricted or prohibited by Export Control Law). You must immediately inform Chromaport if it becomes a Sanctioned Person.
Chromaport has the right to terminate the Contract at any time if the Export Control Law precludes the performance of the Contract, including if a necessary license is not granted or sanctioned persons are involved in the performance of the Terms.
Chromaport Sp. z o.o.
Address: ul. Jarosława Iwaszkiewicza 81/9, 70-786 Szczecin, Poland
Email: contact@chromaport.com