General Terms and Conditions for the Acquisition of the "Pybient" Software
Version 2.1
Language versions: These General Terms and Conditions are provided in English and Polish. In accordance with § 6, the language version displayed to the Customer during the ordering process and provided together with the contract confirmation is decisive for the contract. Both versions are intended to be identical in content.
§ 1 Supplier and Contact
The supplier, seller, and licensor of the "Pybient" software is:
Remigiusz Lysko
acting within the framework of an unregistered business activity
(działalność nierejestrowana within the meaning of Polish law)
Rokitno 62
22-678 Rokitno
Poland
Tel.: +48 799 332 033
E-mail: hello@pybient.com"Pybient" is a product name and commercial designation used for the software and the digital offers associated with it.
Inquiries concerning orders, payments, license files, activation, complaints, and statutory consumer rights may be directed to the above e-mail address or reported by telephone at the above number.
§ 2 Scope of Application and Definitions
These General Terms and Conditions apply to all contracts concerning the paid acquisition of digital content, software copies, and rights to use the "Pybient" software, concluded via the Seller's website.
The Seller directs the offers exclusively at customers whose place of residence or registered office is in one of the countries selectable in the ordering process. Orders from other countries are not accepted; in that case a contract is not concluded.
Within this limitation, the offers are directed at:
a) consumers,
b) natural persons who, under the law applicable to them, enjoy protection similar to that of a consumer,
c) self-employed persons, enterprises, organizations, and educational institutions.The Customer is obliged to provide true and complete data, including an address in the country selected during the ordering process. The Seller does not verify the accuracy of the data provided. If the Customer provides untrue data concerning their place of residence in order to circumvent the limitation under paragraph 2, the Seller is entitled to withdraw from the contract; the statutory claims of a Consumer who provided accurate data remain unaffected.
A "Consumer" is any natural person who concludes a contract for purposes that are predominantly outside their trade, business, or profession. To the extent that mandatory statutory provisions also grant consumer rights to certain self-employed persons, the corresponding provisions of these GTC also apply to those persons.
These GTC govern in particular the ordering process, the conclusion of the contract, payment, digital delivery, the right of withdrawal, statutory rights in respect of defects, and the general obligations of the contracting parties.
A separate license agreement for Pybient, hereinafter the "EULA", governs the specific rules of use of the software. The product description and the order summary determine in particular the selected license type, the acquired major version, the number of device seats, and the total price.
In the event of contradictions, the following order of precedence applies:
a) the individual details in the order summary or in the confirmation of acceptance of the order,
b) these GTC with regard to acquisition, payment, and delivery,
c) the EULA with regard to the use of the software.The Customer's mandatory statutory rights always take precedence over the contractual documents.
Use of the Seller's website, order form, and contact form (services provided by electronic means) requires: a device with internet access, a current version of a commonly used web browser with JavaScript enabled and technically necessary cookies allowed, and — in the case of an order — an active e-mail account. The contract for the provision of these free electronic services is concluded upon commencement of use of the respective service and ends upon termination of use, without any further declarations. § 17 applies accordingly to complaints concerning the functioning of the website.
The Customer is prohibited from supplying content of an unlawful nature, in particular via the forms available on the website.
§ 3 Subject Matter of the Contract
The subject matter of the contract is the digital delivery of the Pybient software and the granting of a simple, non-exclusive right of use within the scope of the selected license.
The Customer does not acquire ownership of the software, its source code, its trademarks, its design elements, or other protective rights. All rights not expressly granted remain with the Seller or the respective rights holders.
Pybient is delivered exclusively as digital content. Delivery on a physical data carrier does not take place.
The acquisition is a one-time purchase. There is no subscription and no automatic paid renewal.
The license is perpetual, but limited to the major version specified at the time of purchase. Currently, licenses are offered for major version 7 including the associated 7.x versions.
The functions, technical requirements, supported operating systems, license limits, and other essential characteristics presented at the time of purchase on the product page and the download page become an integral part of the contract.
Only such an operating system version or platform is deemed supported which, at the time the order is placed, is expressly marked as available and for which a functioning download file has been made available.
§ 3a External Tools (Third-Party Software)
Certain functions within the compiler and the tool panels of Pybient serve to call and control separate third-party programs (hereinafter "external tools"), for example translator, packer, installation, and packaging tools.
External tools are not part of Pybient. They are neither supplied with it nor provided, operated, examined, or maintained by the Seller. The Customer obtains, installs, updates, and licenses them on their own responsibility. The license and usage terms of the respective provider apply directly between the Customer and that provider; for business use, an external tool may require its own paid license from its provider.
What is owed is exclusively the performance of Pybient itself, namely the user interface, the process control, the display of return messages, and a configuration editable by the Customer through which the program name, path, call syntax, switches, and parameters of the external tool can be set. Not owed are the availability, freedom from errors, scope of functions, speed, further development, or continued existence of an external tool, nor the result produced with it.
External tools are developed independently by their providers. If the designation, version, call syntax, switches, requirements, or behavior of an external tool changes, or if it is discontinued, becomes faulty, becomes subject to a fee, or becomes incompatible with Pybient, this does not constitute a lack of conformity of Pybient with the contract. In such a case the Customer may adjust the call themselves via the configuration under paragraph 3.
The Seller is not obliged to adapt Pybient to new or changed versions of external tools or to provide an update for this reason. Such an adaptation is not an error correction within the meaning of § 11.
Decisive for the owed characteristics is the state described on the product or download page at the time the order is placed. For the supported external tools, that page states the versions with which they were last tested. Other versions may work but are not warranted.
The Customer is responsible for deciding which external tools are used, from which source they are obtained, whether their use is permissible at the place of use, and whether the result produced may be passed on. The Seller does not examine external tools for authenticity, security, freedom from malware, or lawfulness.
When an external tool is called, it may independently establish internet connections, download components, or transmit data to its provider. This takes place outside the Seller's sphere of influence; the privacy notices of the respective provider apply.
Product and manufacturer names mentioned are trademarks or distinctive signs of their respective owners. They are named solely to describe the interface. No business connection, cooperation, endorsement, or support exists.
The Customer's statutory rights in respect of a lack of conformity of Pybient itself with the contract remain unaffected. In particular, it remains owed that the user interface and the editable configuration referred to in paragraph 3 are functional.
§ 4 License Types
1. Private License
The private license entitles a single natural person to exclusively private and non-commercial use of Pybient on a maximum of three of their own devices simultaneously.
The license is assigned to a specific person. Joint use by several persons, family members, or other third parties is not permitted.
2. Commercial License
The commercial license entitles use for professional purposes, within self-employed activity, for economic purposes, or for other business purposes.
The license is acquired per workstation or device. The number of devices that may be used simultaneously corresponds to the number of workstations selected and paid for in the ordering process.
The license may be used within the person, organization, or company named in the order.
3. Education License
The Education license is directed at recognized schools, higher education institutions, universities, training institutions, and comparable educational institutions.
It entitles use in the context of teaching, education, studies, and non-commercial research.
The number of devices that may be used simultaneously corresponds to the number of seats ordered. In cases of justified doubt, the Seller may request appropriate proof of the status of an educational institution.
4. Exceeding the Scope of Use
Use exceeding the acquired license type is not permitted. This applies in particular to commercial use under a private license or use by more persons or on more devices than agreed.
For an extended scope of use, the acquisition of a corresponding additional license or a license of a higher type is necessary.
§ 5 Ordering Process and Conclusion of the Contract
The presentation of Pybient on the website does not yet constitute a binding offer to conclude a contract, but rather an invitation to the Customer to place an order.
Before placing the order, the Customer selects in particular:
a) the license type,
b) where applicable, the number of workstations or seats,
c) the payment method,
d) the billing country or country of the order.Before submitting the order, the Customer receives an order summary containing the essential product characteristics, the major version, the number of licenses, and the total price.
Input errors can be corrected before the order is submitted by editing the form fields or by returning to the previous order view.
Before placing the order, the Customer must:
a) read and accept these GTC,
b) read and accept the EULA,
c) provide all required mandatory data in full.In the case of a Consumer who requests immediate delivery before expiry of the withdrawal period, express consent to immediate delivery and a separate acknowledgment of the possible expiry of the right of withdrawal are additionally obtained.
By clicking the button "Order with obligation to pay" (Polish: "Zamawiam z obowiązkiem zapłaty"), the Customer submits a binding offer to conclude a contract.
The contract comes into effect as soon as the Seller:
a) expressly accepts the order by e-mail,
b) sends a message designated as confirmation of acceptance of the order, or
c) delivers the software or the individual license file,whichever occurs first.
A purely technical confirmation of receipt of the order or a payment authorization by the payment service provider does not in itself constitute acceptance of the order, unless it has been expressly designated as acceptance of the contract.
The Seller may reject an order in particular where:
a) payment processing fails,
b) there are justified indications of fraud or license abuse,
c) essential order data are untrue or incomplete,
d) performance of the contract would violate mandatory statutory provisions.If an order is rejected, any payments already received are refunded without delay.
§ 6 Contract Language and Storage of the Contract Content
The contract is concluded in the language in which the ordering process is displayed to the Customer: in Polish where Poland is selected as the billing country, and in English in all other cases.
Decisive for the contract is that language version of these GTC and of the pre-contractual information which was displayed to the Customer during the ordering process and provided together with the contract confirmation; other language versions serve comprehension only.
The order data and the content of the concluded contract are stored in the Seller's order system. The content of the GTC and the EULA is furthermore permanently available on the Seller's website in the currently published version; the Customer may read, copy, and save it there at any time free of charge. The Customer additionally receives the version applicable to their contract on a durable medium in accordance with paragraph 4.
After conclusion of the contract, the Customer receives on a durable medium, in particular by e-mail:
a) the order confirmation or the confirmation of acceptance of the order,
b) these GTC in the version applicable at the time of purchase,
c) the EULA in the version applicable at the time of purchase,
d) the instruction on the right of withdrawal and the model withdrawal form,
e) where applicable, confirmation of their consent to immediate delivery and of their acknowledgment of the expiry of the right of withdrawal.The Customer should permanently save these documents.
§ 7 Prices, Currencies, and Taxes
Decisive is the total price shown in the order summary immediately before the order is placed.
Depending on the language, the country of the order, or the selected offer, the price may be displayed in particular in euros or in Polish zloty.
The displayed total price is the final price payable by the Customer.
Due to the tax exemption under Art. 113(1) of the Polish Act on Value Added Tax, value added tax (VAT) is neither charged nor shown.
Payment service providers and banks may apply their own currency exchange rates or fees. Such fees are not charged by the Seller and must be indicated by the respective provider before the payment is made.
Together with the e-mail containing the license file, the Customer automatically receives an invoice without VAT shown. The order confirmation and the license e-mail with the license number additionally serve as proof of purchase.
The invoice is issued to the details provided by the Customer in the order, without VAT shown (exemption under art. 113(1) of the Polish VAT Act). At the request of a buyer who is a taxable person, the invoice is issued stating that buyer's NIP number; this does not affect the Seller's VAT exemption. Corrections of obvious errors in the invoice details can be obtained by contacting the Seller.
§ 8 Payment Methods
The payment methods available at the given time are displayed before the order is placed. Provided for are in particular:
a) online payment via Autopay (BLIK, payment card, fast bank transfer / pay-by-link),
b) online payment via Stripe (payment cards, wallets and local payment methods),
c) PayPal or another offered online payment method,
d) prepayment by bank transfer to the indicated bank account.Online payments are processed by Autopay S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, Poland, entered in the register of entrepreneurs of the National Court Register under KRS no. 0000320590, NIP 585-13-51-185, REGON 191781561, and, in the case of payment via Stripe, by Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Ireland.
In the case of online payment, the entire amount is due immediately.
In the case of prepayment by bank transfer, the full total amount must be transferred after receipt of the payment information. The Customer must state the indicated payment reference in full.
In the case of prepayment by bank transfer, the license is delivered only after the purchase price has been credited in full.
If payment is not made, the Seller may set the Customer a reasonable additional deadline. After its unsuccessful expiry, the order may be cancelled.
Payment refunds are generally made using the same means of payment that was used for the original payment, unless otherwise agreed.
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§ 9 Digital Delivery
The installation file is made available via the Seller's download page or via the access indicated in the order confirmation.
The individual license file required for unlocking is sent, after successful receipt of payment, to the e-mail address provided when ordering.
In the case of a successfully completed online payment, delivery generally takes place in an automated manner and without avoidable delays.
In the case of prepayment by bank transfer, delivery of the license takes place after receipt of payment, usually within one to two working days of crediting.
Digital delivery is effected as soon as:
a) the software or the download access is at the Customer's disposal, and
b) the license file has been sent to the e-mail address provided or made available on the electronic device chosen by the Customer.The Customer is responsible for providing a correct and reachable e-mail address, enabling the receipt of messages, and also checking the spam or junk mail folder.
The Seller is not obliged to check the e-mail address provided by the Customer for spelling errors, reachability, or the Customer's authorization to use that address.
The Seller is not liable for non-delivery or delay resulting solely from an e-mail address incorrectly provided by the Customer, a full mailbox, a block on the Customer's side, a spam or junk mail filter, or another disruption of receipt for which the Customer is responsible.
After sufficient verification of identity and of the order, the Seller may redeliver the license file, if necessary to a corrected e-mail address or after its technical regeneration.
The Customer must securely save the license file, the unlock value, and the contractual documents immediately after receiving them and create at least one additional backup copy in a separate location.
License files are generally generated individually and are not permanently stored as a ready-to-send copy in plain form. A later re-issuance may therefore require verification of the order and technical regeneration.
Statutory claims to redelivery, restoration of conformity with the contract, or other remedies remain unaffected.
§ 10 Free Trial Version
Pybient may be tested free of charge for a period of 30 days before purchase.
The trial period generally begins with the first launch of the software on the respective device.
The trial version is limited in particular to the following use:
a) at most three projects,
b) at most eight files per project,
c) at most 300 lines per file,
d) at most ten snapshots per project.After expiry of the trial period, the program functions intended for continued use are locked. Continued use requires the acquisition and activation of an appropriate license.
The trial version may be used to evaluate the software, its operation, and its suitability. Permanent productive commercial use of the trial version is not permitted.
The trial version also includes the compiler functions. The interaction with the required external tools within the meaning of § 3a can therefore be tested on the user's own system before purchase.
The user is responsible for creating backup copies of their projects and files before the trial period expires.
The provision of the free trial version does not give rise to any claim to a specific future function, platform, or further development.
Statutory rights arising from a paid contract concluded later are not restricted by use of the trial version.
§ 11 Major Versions and Updates
The license applies to the major version specified in the order and in the license file. Currently this is major version 7.
The purchase price includes all published updates within major version 7, for example versions 7.1, 7.2, and further 7.x versions.
The license for major version 7 remains usable indefinitely even if a new major version is released later.
A future major version, for example version 8, is not part of the license for version 7 and may be offered separately.
There is no entitlement to specific new features, a specific release date, a specific number of updates, or the release of a new major version.
Updates required by law, including necessary security updates and measures serving to maintain conformity with the contract, remain unaffected by this.
The Seller informs the Customer about updates necessary to maintain the software's conformity with the contract and about the consequences of not installing them. The Customer should install such updates within a reasonable time; installing them does not constitute an obligation of the Customer, but failure to install may have the consequences described in paragraph 8.
The Seller is not liable for a lack of conformity with the contract resulting solely from the failure to install an update if the Seller informed the Customer about the availability of the update and about the consequences of not installing it, and the failure to install or the incorrect installation was not due to errors in the installation instructions provided by the Seller.
Adaptations to new or changed versions of external tools within the meaning of § 3a are not the subject of the updates under this section.
§ 12 License File, Activation, and Device Binding
The full version requires:
a) a valid, unmodified license file,
b) the associated unlock value,
c) a first online activation,
d) compliance with the acquired number of devices,
e) a functioning internet connection and a network configuration that permits connections to the license server at the domain www.pybient.com, unless the offline tolerance under paragraphs 6 to 8 applies.During activation, the license is technically assigned to the device.
At every program start, Pybient attempts to establish a connection to the license server at the domain www.pybient.com and to check the license status online. The Customer must ensure that a firewall, proxy server, DNS filters, security software, or comparable technical solutions do not permanently block this connection.
During license verification, in particular cryptographic checksums of the license and of the device identifier are transmitted. The name, e-mail address, and the device identifier in plain form are not part of the actual license verification request.
In the course of the technical connection, ordinary connection data may arise in short-term server logs. Details are governed by the privacy policy.
After a successful online verification, the full version may continue to be used within the offline tolerance in the event of temporary unavailability of the license server.
The offline tolerance ends as soon as 30 calendar days have elapsed since the last successful online verification. Until that point, the full version remains usable even without a connection to the license server; this does not apply, however, to individual tools within the compiler, which by their nature require a permanent internet connection independent of license verification.
The first activation and continued use after expiry of the offline tolerance require a successful connection to the license server at the domain www.pybient.com. A general internet connection is not sufficient if a firewall, proxy server, DNS filters, security software, or comparable technical solutions prevent the connection to the license server.
Manipulations of the system time, the license file, local license information, or verification responses may result in a renewed online verification becoming necessary.
Each activated device occupies one device seat. A device seat is automatically released again in the calculation of active devices if the device in question has not successfully contacted the license server for at least 90 days.
In the event of a device change, reinstallation, or technical malfunction, the Customer may request the manual release of a device seat via technical support. The Seller may require appropriate proof of license entitlement for this purpose.
The automated license decision may return in particular the following states: active, blocked, unknown, or device seats fully occupied. The Customer may, via hello@pybient.com, request a review by a human and, where appropriate, a correction.
In the event of a planned final shutdown of the license server, the Seller undertakes to provide, in due time, a permanent offline unlock or a technically equivalent solution for properly acquired licenses.
If such provision is impossible due to unforeseeable events, the Customer's statutory claims for lack of conformity with the contract remain unaffected.
§ 13 Customer's Obligations
The Customer must:
a) provide complete and correct order data,
b) comply with the acquired license type and the device limit,
c) protect the license file and the unlock value against access by third parties,
d) regularly create backup copies of their own projects, files, and other working data,
e) observe the technical requirements and installation instructions,
f) cooperate in error analysis to a reasonable and acceptable extent,
g) obtain, install, and keep up to date external tools within the meaning of § 3a on their own responsibility, and comply with their license terms.The Customer is in particular prohibited from:
a) circumventing, deactivating, or manipulating the licensing or activation mechanisms,
b) using forged, altered, or unlawfully duplicated license files,
c) making the software, the license file, or the unlock data publicly available,
d) enabling third parties to use the software beyond the acquired license,
e) removing protective markings or copyright notices,
f) using Pybient to distribute malware or for unlawful activities.Actions mandatorily permitted by law remain permissible. This applies in particular to statutorily permitted backup copies and to examinations or decompilation that are strictly necessary to achieve interoperability and that cannot be excluded by contract.
Rights to projects, program code, and other content created independently by the Customer remain with the Customer or with the respective rights holders.
§ 14 License Transfer
The license may not be rented out, temporarily provided to others, sublicensed, or split among several acquirers independent of one another.
Device changes within the same entitled person, company, or educational institution are permissible within the acquired number of devices.
To the extent that mandatory statutory provisions permit the permanent onward transfer of a perpetual software license, this right remains unaffected.
In the case of a legally permissible onward transfer, the previous licensee must in particular:
a) transfer the license in its entirety,
b) delete all of their own copies of the software and backup copies or permanently render them unusable,
c) cease their own further use,
d) provide the acquirer with the applicable contractual and license terms,
e) submit a request to the Seller for the technically necessary re-registration or release.A license issued as a combined multi-seat license may not be split into individual parts, unless independent licenses have been issued for the individual seats.
§ 15 Blocking and Termination Due to Breach of Obligations
The license may not be blocked arbitrarily.
Temporary blocking or termination may occur in particular where:
a) the purchase price has not been paid or its payment subsequently proved ineffective,
b) a payment has been reversed without justification,
c) the license has demonstrably been duplicated, passed on, or manipulated,
d) the agreed device limit is being deliberately circumvented,
e) there is a serious or repeated breach of the EULA,
f) blocking is necessary on the basis of mandatory statutory provisions.Before blocking, an honest Customer generally receives a notification and an appropriate opportunity to clarify or remedy the breach of obligations.
Prior notification is not required where:
a) an immediate measure is required by law,
b) there is a direct threat to the licensing system,
c) there is an obvious attempt at fraud or manipulation,
d) notification would defeat the purpose of the protective measure.If a block proves to be erroneous, the license is unblocked again without delay. Further-reaching mandatory statutory claims remain unaffected.
Termination due to a breach of obligations does not affect payment claims that have already arisen or the Customer's mandatory statutory rights.
§ 16 Right of Withdrawal for Consumers
In the case of a distance contract, Consumers generally have the right to withdraw from the contract within 14 days without giving reasons.
In the case of a contract for the supply of digital content, the withdrawal period generally begins on the day the contract is concluded.
To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an unequivocal statement. The statement may be made in particular by e-mail or by post.
The Consumer may use the model withdrawal form included at the end of these GTC. Use of the form is not obligatory.
The right of withdrawal concerning paid digital content that is not supplied on a physical data carrier expires only when:
a) the Consumer, before the start of delivery, expressly consented to delivery beginning before expiry of the withdrawal period,
b) the Consumer confirmed that they are aware that they thereby lose their right of withdrawal,
c) the Seller has begun delivery, and
d) the Consumer has received confirmation of the contract and of their declarations on a durable medium.If these conditions are not met in full, the statutory right of withdrawal remains in force.
In the case of prepayment by bank transfer and delivery not yet made, the Consumer may withdraw from the contract within the statutory period.
§ 17 Conformity with the Contract, Complaints, and Statutory Rights in Respect of Defects
Vis-à-vis Consumers, the mandatory statutory provisions on the conformity of digital content with the contract apply.
Pybient must in particular correspond to the agreed description, functionality, compatibility, interoperability, major version, license type, and number of devices.
In the event of a lack of conformity with the contract, the Consumer may first demand that the software be brought into conformity with the contract within a reasonable time and without additional costs.
If bringing into conformity is impossible, disproportionate, has not taken place within a reasonable time, or the defect is sufficiently significant, the Consumer is entitled to further statutory rights, in particular an appropriate price reduction or termination of the contract.
Statutory rights are not restricted by these GTC, by the EULA, by a license block, by the designation as a one-time purchase, or by use of the trial version.
Complaints may be addressed to:
Remigiusz Lysko
Rokitno 62
22-678 Rokitno
Poland
Tel.: +48 799 332 033
E-mail: hello@pybient.comA complaint should, where possible, include:
a) the Customer's name and e-mail address,
b) the order number or license number,
c) the operating system used and the Pybient version,
d) a comprehensible description of the problem,
e) where applicable, an error message or a relevant screenshot.The provision of log files, screenshots, or project contents is voluntary. Access data, private keys, and other confidential information should be removed before transmission.
The Seller responds to a Consumer's complaint within 30 days of its receipt, on paper or another durable medium, in particular by e-mail. Failure to respond within this period is deemed acceptance of the complaint (art. 7a(1) and (2) of the Polish Consumer Rights Act).
An error caused solely by an unsupported operating system, an unmet technical requirement, unauthorized modifications, malware, or incompatible third-party software is not deemed a defect of Pybient, provided the relevant requirement was clearly communicated before purchase. This applies accordingly to disruptions attributable solely to an external tool within the meaning of § 3a, to its absence, version, configuration, or result.
§ 18 Technical Support
Technical support inquiries may be sent by e-mail to hello@pybient.com.
Unless expressly agreed otherwise, the purchase does not include permanently available on-call, telephone, or on-site support.
There is no entitlement to a specific voluntary response time. Statutory obligations to handle complaints and to restore conformity with the contract remain unaffected.
Error reports are, where possible, taken into account in further development and updates within the major version. There is no claim to a specific technical implementation.
§ 19 Liability
The Seller is liable without limitation to the extent that a limitation of liability is legally impermissible.
The limitation of liability does not apply in particular in the case of:
a) intent or gross negligence,
b) injury to life, body, or health,
c) fraudulent concealment of a defect,
d) violation of mandatory consumer rights,
e) other bases of liability that cannot be excluded by law.Vis-à-vis customers who are not Consumers, the Seller is liable for damage caused by slight negligence only in the event of a breach of essential contractual obligations, i.e., obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Customer may reasonably rely; in such a case, liability is limited to the foreseeable damage typical for this type of contract. This limitation does not apply in the cases listed in paragraph 2.
The Seller is not liable for disruptions caused solely by:
a) unsupported systems or hardware,
b) modifications made by the Customer to the software or its files,
c) incompatible or defective third-party software, including external tools within the meaning of § 3a and the results produced with them,
d) malware on the Customer's device,
e) failures of third-party internet, payment, hosting, or e-mail services for which the Seller is not responsible.The Customer should regularly create backup copies of their own projects and files. Vis-à-vis customers who are not Consumers, liability for data loss is limited to the recovery effort that would have been necessary had proper and current backup copies existed; this limitation does not apply in the cases listed in paragraph 2. For Consumers, paragraph 6 and the mandatory statutory provisions apply.
Consumers' statutory claims arising from a lack of conformity of digital content with the contract remain fully unaffected.
§ 20 Data Protection
The processing of personal data takes place in accordance with the privacy policy published on the website.
Order and payment data are processed to the extent necessary for the conclusion and performance of the contract, delivery of the license, allocation of payments, handling of complaints, and fulfillment of statutory obligations.
The license and device checksums used during activation and license verification serve to enforce the agreed device limit and to protect against unauthorized use.
The acceptance of the EULA, the request for immediate delivery, and the acknowledgment of the expiry of the right of withdrawal are stored as evidence of the conclusion of the contract.
These contractual declarations do not constitute consent to advertising or newsletters.
§ 21 Statutory Restrictions
The contract cannot be concluded or performed to the extent that delivery or payment in the specific case would violate mandatory statutory provisions, court rulings or administrative decisions, sanctions regulations, export controls, or binding requirements of the payment service provider.
The Customer is responsible for using Pybient only in a manner legally permissible at the place of its use.
This provision does not transfer the Seller's statutory obligations to Consumers and does not restrict any mandatory consumer rights.
§ 22 Out-of-Court Complaints
Customers should first direct complaints directly to hello@pybient.com so that a direct solution can be considered.
The Seller is generally not willing to take part in out-of-court proceedings for the resolution of consumer disputes, unless there is a mandatory statutory obligation to participate. This general statement does not replace the declaration required in each individual case.
If a consumer complaint is not resolved, the Seller provides the Consumer, on a durable medium, with the legally required information about the competent body and declares whether the Seller agrees to take part in the proceedings. This declaration is made within 30 days of receipt of the request to initiate proceedings; failure to make it within that period counts as consent to participate (art. 32(1)(2) and (3) of the Polish Act on out-of-court resolution of consumer disputes).
The competent authorized body for the Seller is the Provincial Inspectorate of Trade Inspection in Lublin (Wojewódzki Inspektorat Inspekcji Handlowej w Lublinie), ul. Tomasza Zana 38 C, 20-601 Lublin, www.ihlublin.pl. Consumers may also obtain free assistance from the municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów).
§ 23 Applicable Law and Jurisdiction
The law of the Republic of Poland applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as it would be applicable to the contract at all. This choice of law does not deprive a Consumer of the protection afforded to them by those provisions of the law of the country of their habitual residence from which no derogation is permitted by agreement (art. 6(2) of Regulation (EC) No 593/2008, Rome I).
For Consumers, the statutory rules on international and local jurisdiction apply.
Exclusively vis-à-vis business customers, to the extent legally permissible, the Seller's place of residence or place of business in Poland is agreed as the place of jurisdiction.
§ 24 Final Provisions
The version of these GTC that the Customer accepted when placing the order and received on a durable medium applies to the contract.
Subsequent amendments to these GTC do not have retroactive effect on contracts already concluded, unless the Customer expressly consents to the amendment or the adjustment is mandatorily required by law.
Translations serve comprehensibility only. Mandatory requirements concerning the language of the contract and consumer information remain unaffected.
Should any provision of these GTC prove to be wholly or partially ineffective, the remaining provisions remain effective. The mandatory statutory provisions take the place of the ineffective provision.
Headings serve solely for clarity and do not affect the interpretation of the provisions.
Annex: Instruction on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reasons.
The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us:
Remigiusz Lysko
Rokitno 62
22-678 Rokitno
Poland
Tel.: +48 799 332 033
E-mail: hello@pybient.com
by means of an unequivocal statement, for example a letter sent by post or an e-mail, of your decision to withdraw from this contract.
You may use the model withdrawal form provided below. This is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
In the event of an effective withdrawal from this contract, we shall reimburse you all payments received from you without undue delay, and at the latest within 14 days from the day on which your statement of withdrawal from the contract was received by us.
We generally carry out the reimbursement using the same means of payment that you used for the original payment, unless expressly agreed otherwise. We do not charge you any fees for the reimbursement.
Early Expiry in the Case of Digital Content
In the case of paid digital content that is not supplied on a physical data carrier, the right of withdrawal expires upon the commencement of delivery if beforehand:
you expressly consented to delivery beginning before the expiry of the withdrawal period,
you confirmed that you are aware that, through your consent, you lose your right of withdrawal upon the commencement of delivery, and
you received confirmation of the contract and of your declarations on a durable medium.
Model Withdrawal Form
To:
Remigiusz Lysko
Rokitno 62
22-678 Rokitno
Poland
E-mail: hello@pybient.com
I hereby withdraw from the contract concluded by me for the acquisition of the following digital content or software license:
Ordered on:
Order number or license number:
Consumer's name:
Consumer's address:
E-mail address:
Date:
Consumer's signature
(only in the case of notification on paper):