Terms of Service

1. Parties

These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and Apptivity Patryk Pasek, VAT UE: PL6941695701, Poland ("awebo", "we", "us"). Contact: hello@awebo.sh.

By downloading, installing, accessing, or using the awebo desktop application ("App"), the awebo.sh website ("Site"), or purchasing a commercial license, you accept these Terms. If you do not agree, do not use the App or Site.

2. Software license

The App is source-available software licensed under the Business Source License 1.1 (BSL 1.1). You may view, modify, and use the source code subject to the restrictions set out in the LICENSE file published at github.com/awebo-org/awebo-app/blob/main/LICENSE.

The BSL 1.1 permits non-production use by default. Any production use of the App for a commercial purpose requires a valid commercial license purchased from awebo. On the Change Date specified in the LICENSE, the then-current version becomes available under the Change License (Apache 2.0).

awebo and the awebo logo are trademarks of the Licensor. BSL 1.1 does not grant trademark rights.

3. Commercial license

A commercial license grants you, for the perpetual term specified at checkout, the right to use the App in production for internal business purposes, per seat or per organisation as indicated on your order.

The license key is issued after successful payment. You must not share, resell, sublicense, or publish the key. We may deactivate keys that are shared, charged back, or used in breach of these Terms.

Commercial licenses are purchased and processed by Lemon Squeezy, LLC, acting as Merchant of Record. Lemon Squeezy's terms (lemonsqueezy.com/terms) govern the payment transaction in addition to these Terms.

4. Pre-release software

The App may be provided in alpha or beta form. Pre-release versions may be incomplete, unstable, or contain errors. They are provided for evaluation only and without any express or implied warranty.

5. Acceptable use

You agree not to: (a) use the App to violate applicable law; (b) remove or obscure copyright, licence, or attribution notices; (c) circumvent license-key validation, update, or telemetry controls; (d) use awebo trademarks without written permission; (e) use the App to build or train a directly competing product.

6. Privacy

Our Privacy Policy at /privacy describes how we process personal data. By using the App or Site you acknowledge that Policy.

7. Consumer rights and withdrawal (EU)

If you are a consumer resident in the EEA or the UK, you have the right to withdraw from a distance-sold digital-content purchase within 14 days of purchase without giving any reason.

By starting to download or activate the license key before the 14-day period ends, you expressly consent to immediate performance and acknowledge that the right of withdrawal is lost once the download or activation has begun (Directive 2011/83/EU, Art. 16(m); Polish Consumer Rights Act, Art. 38 pkt 13).

To exercise the right of withdrawal before you start the download, send a clear statement to hello@awebo.sh within 14 days of purchase. We will refund the full amount without undue delay and no later than 14 days after we receive the withdrawal notice.

8. Refunds

Outside the statutory right of withdrawal, licenses are generally non-refundable once the key has been delivered and used. We may grant a discretionary refund within 14 days of purchase if the App fails to operate as documented and we are unable to resolve the issue. Contact hello@awebo.sh.

9. Warranty disclaimer

To the maximum extent permitted by law, the App and Site are provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from defects.

For consumers in jurisdictions where statutory warranties cannot be disclaimed (including Polish and EU consumer law), mandatory warranties apply and are not affected by this section.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or in connection with these Terms or the App.

Our aggregate liability for any claim arising out of or related to these Terms shall not exceed the amounts actually paid by you to us for the App in the twelve (12) months preceding the event giving rise to the claim, or EUR 100 if no amount has been paid.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded under applicable law.

11. Indemnification

You will defend, indemnify, and hold harmless awebo from any third-party claim arising out of your breach of these Terms, your misuse of the App, or your violation of applicable law.

12. Termination

These Terms remain in effect while you use the App. We may suspend or terminate your license for material breach, including non-payment, chargeback, or license-key abuse. Sections 2, 5, 9, 10, 11, 13, and 14 survive termination.

13. Changes to the Terms

We may revise these Terms from time to time. For non-material changes the revised version takes effect when posted. For material changes affecting existing commercial licenses, we will give reasonable advance notice by email to the address on file.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Poland, without regard to conflict-of-laws rules, and without prejudice to the mandatory consumer-protection law of the consumer's country of residence.

Business customers irrevocably submit to the exclusive jurisdiction of the competent courts in Poland. Consumers may bring proceedings in the courts of their place of residence or in the courts of the Licensor's seat.

For online disputes, the European Commission's ODR platform is available at ec.europa.eu/consumers/odr.

15. Miscellaneous

These Terms, together with the BSL 1.1 license, the Privacy Policy, and the order confirmation, constitute the entire agreement between the parties regarding the App and supersede any prior understandings.

If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor in a corporate transaction.

16. Contact

Apptivity Patryk Pasek - VAT UE: PL6941695701 - hello@awebo.sh.