Terms of Use

Agreement to Our Legal Terms

We are Piotr Byliński, doing business as Jably (“Company,” “we,” “us,” “our”). We operate the website https://jably.fit, as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).

You can contact us by email at jably.contact@gmail.com or by mail to: Piotr Byliński, Wróblewskiego 19, Łódź 93-578, Poland.

These Legal Terms constitute a legally binding agreement made between you and Piotr Byliński, concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you by updating the “Last updated” date. Your continued use of the Services after such changes constitutes your acceptance of the revised terms.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Billing and Refunds

Free Trial

We offer a 7-day free trial for new subscribers. During the trial period, you will have full access to the Services included in the Fighter plan. A valid payment method is required at sign-up to start the trial. No charges will be made during the trial period.

Subscription and Charges

At the end of the 7-day trial period, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee unless you cancel before the trial ends. By providing your payment method, you authorize us to charge you on a recurring basis at the then-current subscription rate.

Cancellation

You may cancel your subscription at any time through the billing portal accessible from your account settings. To avoid being charged, you must cancel before the trial period ends. Cancellation stops all future charges but does not delete your account immediately. You will retain access to the Services until the end of the current paid billing period.

Refund Policy

All sales are final. After the first charge following the free trial, no refunds are issued for the current billing period, whether or not the Services were used during that period. Partial-period refunds are not available. This does not affect any statutory rights you may have under applicable law.

Billing Issues

If you believe you have been charged in error or have a billing dispute, please contact us promptly at jably.contact@gmail.com. We will investigate and respond within a reasonable time.

3. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws around the world. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• Access and use the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use the Services will terminate immediately.

Your submissions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use for any lawful purpose.

You are responsible for what you post or upload: By sending us Submissions you confirm that you have read and agree with our Prohibited Activities, that your Submissions are original, and that they do not constitute confidential information. You are solely responsible for your Submissions.

4. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Legal Terms.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Services through automated or non-human means.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. As a user, you agree not to:

• Systematically retrieve data to create a collection, database, or directory without written permission.
• Trick, defraud, or mislead us and other users to learn sensitive account information.
• Circumvent, disable, or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the Services.
• Engage in any automated use of the system, including data mining or scraping.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Services.
• Collect usernames and/or email addresses for the purpose of sending unsolicited email.
• Use the Services to compete with us or for any revenue-generating endeavor without our consent.

6. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, or transmit content, including text, writings, comments, suggestions, or personal information (collectively, “Contributions”). When you create or make available any Contributions, you represent and warrant that your Contributions are accurate, not confidential, and do not violate any third-party rights or applicable law.

7. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility regarding them.

8. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services any files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms. We may terminate your use or delete any content you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under your name or a third party's name. In addition to terminating your account, we reserve the right to take appropriate legal action.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services and will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime.

11. Governing Law

These Legal Terms shall be governed by and defined following the laws of Poland. Piotr Byliński and yourself irrevocably consent that the courts of Poland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

12. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC. The number of arbitrators shall be 1. The seat, or legal place, of arbitration shall be Łódź, Poland. The language of the proceedings shall be Polish. The governing law of these Legal Terms shall be the substantive law of Poland.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right to arbitrate any Dispute on a class-action basis.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

14. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content and will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage resulting from your access to and use of the Services; (3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein; (4) interruption or cessation of transmission to or from the Services; (5) bugs, viruses, trojan horses, or the like transmitted through the Services by any third party; and/or (6) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted or transmitted via the Services.

15. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Services.

17. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

18. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

19. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

20. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: