**TERMS OF USE FOR THE X-CUT APPLICATION**
**§1**
**GENERAL PROVISIONS**
1. These Terms, hereinafter referred to as the “X-CUT Online Application Terms,” define the rules for the use of the application by Users, intended “for the optimisation of linear 1D cutting,” and specify the principles for the provision of electronic services by the Administrator via this Application.
2. The Administrator is Maciej Mańkowski, conducting business under the name PPHU PROCOMP, registered at: Poland, 86-200 Chełmno, Polna 8, with REGON number and NIP 8751166857 (hereinafter: “Administrator”).
3. The Application is the property of the Administrator.
4. The right to use the Application is granted to the User only upon purchasing a subscription enabling temporary access to the Application’s features and after accepting the provisions of these Terms and the Privacy Policy.
**§2**
**DEFINITIONS**
1. **Application** – Distributed and accessed via the website located at the domain x-cut.pl or x-cut.pro, intended for online use, serving as a tool enabling the User to calculate optimal solutions for cutting longitudinal materials.
2. **User Account** – Individual access to the Application designated for a User registered on the x-cut.pl or x-cut.pro Service.
3. **Service** – The website at the domain x-cut.pl or x-cut.pro enabling the purchase of a subscription and access to the online Application.
4. **Password** – A unique string of characters allowing login to the Account in the Application.
5. **Login** – A unique identifier used by the User to log into the Application.
6. **Services** – Electronic services provided by the Administrator through the Application, particularly those enabling access to the Application’s functionalities.
**§3**
**USE OF THE APPLICATION**
1. The Service is provided by the Administrator electronically.
2. To properly use the Application, the User should have:
a) An active Internet connection;
b) JavaScript enabled;
c) An active email address.
3. Launching and using the Application requires an Internet connection. All costs related to the Internet connection, particularly data transmission, are borne solely by the User in accordance with agreements concluded with telecommunications operators or other Internet providers. The Administrator bears no responsibility for the non-performance or improper performance of services by the aforementioned operators and providers.
4. Use of the Application does not require separate registration by the User and is possible upon entering the Login and Password granting access to the Account in the “X-CUT” Service.
5. Reports of errors in the Application’s operation should be submitted to: it@24max.pl.
6. The Administrator is not liable for the performance of telecommunications systems, payment operators, or software (other than the Application) installed on the User’s computer.
**§4**
**SECURITY**
1. The User Account and all content entered therein are maintained on the Administrator’s servers and the User’s computer.
2. The Administrator is obliged not to disclose their Login and Password to unauthorised persons.
3. The Administrator is exempt from any liability for damages resulting from the User disclosing their access data (Login, Password) to third parties.
4. The User bears full legal responsibility for all content they enter into the Application.
5. It is prohibited to enter content into the Application that violates good manners or principles of social coexistence.
6. The User undertakes to use the Application in accordance with the usage instructions available at: https://x-cut.pro/opis-programu-x-cut.
7. The User is prohibited from introducing any elements that compromise the integrity or appearance of the Application.
8. The User may not use the Application to send or post unsolicited commercial information (spam).
9. The User may not hold more than one User Account or use the Accounts of other Users.
10. In the event of a breach by the User of any obligations outlined in points 5–8 above, the Administrator will temporarily block the Application and request the User to cease the violations and remove the disputed content within 7 days of receiving a notice sent to the User Account. If the violation is not rectified within this period, the Administrator will permanently block the Application. Such blocking equates to the immediate termination of the electronic Service agreement due to the User’s fault, and in such cases, the User is not entitled to a refund of the subscription fee paid for access to the Application intended “for the optimisation of linear 1D cutting.”
11. The User declares that, in the event of any claims against the Administrator arising from the User’s violation of third-party rights due to non-compliance or improper compliance with the obligations in points 5–8 above, the User shall – upon the Administrator’s first demand – join the dispute, satisfy the third party’s claims, and release the Administrator from all obligations arising from such claims, including covering all costs related to the Administrator’s participation in judicial/extrajudicial proceedings and any enforcement proceedings, including legal service costs. This provision applies accordingly if an administrative fine is imposed on the Administrator by a competent authority for a violation of third-party rights due to the User’s non-compliance or improper compliance with the obligations in points 5–8 above, in which case the User undertakes to cover the fine in full upon the Administrator’s first demand.
12. Beyond the cases described in point 10 above, the Administrator may deprive the User of the right to use the Application or restrict access to part or all of its resources with immediate effect if the User:
a) Provided untrue, outdated, misleading, or third-party rights-violating data during registration in the “X-CUT” Service;
b) Violated the personal rights of third parties via the Application, particularly those of other Application Users.
**§5**
**FEES FOR USING THE APPLICATION**
1. The right to use the Application is granted only to a User who has purchased a subscription entitling them to use the program, solely during the subscription’s active period. The subscription is available in three variants:
a) 7 days
b) 30 days
c) 365 days
2. The Administrator may introduce paid additional functionalities with subsequent Application updates. Paid functionalities will be clearly marked to ensure the User is fully aware of the costs associated with using them.
**§6**
**COPYRIGHT POLICY**
1. Proprietary and personal copyright to the Application and content published by the Administrator within it belongs to the Administrator. Copyright is protected under the Polish Act of 4 February 1994 on Copyright and Related Rights.
2. Use of the Application and its published content does not confer any copyright to the User. No part or entirety of the content used by the User may be reproduced or distributed in any form or manner (electronic or mechanical), including copying or posting online, without the Administrator’s written consent.
3. The Administrator grants the User a non-exclusive, temporary, territorially unrestricted licence to use the Application solely for performing calculations of optimal linear cutting configurations using the Application’s built-in functionalities.
4. The licence referred to in point 3 above is granted only for the duration of the User’s use of the Application, provided they have an Account on the x-cut.pl or x-cut.pro Service and an active paid subscription, with the caveat that the User may lose access to their Account earlier due to its deletion or non-payment of the subscription, which does not constitute a breach of licence terms by the Administrator.
5. The licence in point 3 does not entitle the User to:
a) Grant further licences or transfer the right to use the Application to third parties under any legal title without the Administrator’s prior written consent, given under penalty of nullity;
b) Offer the Application, its functionalities, algorithms, or other technical solutions for resale;
c) Transfer content from the Application outside the Administrator’s servers;
d) Copy the Application’s graphic design and/or content;
e) Use the Application’s graphic design for purposes other than those specified in these Terms.
6. In all other respects, the provisions of §9(3) of these Application Terms apply accordingly to copyright and related rights.
**§7**
**LEGAL DISCLAIMERS AND LIABILITY**
1. The Administrator undertakes to oversee the technical functioning of the Application.
2. The Administrator does not guarantee uninterrupted access to the Application or the constant availability and error-free operation of all its functions.
3. The Administrator is not liable for any damages or lost profits incurred by the User due to:
– The Application’s operation, particularly disruptions in the availability of all functions or their erroneous performance;
– The User’s violation of third-party rights;
– The operation of interfaces and telecommunications links not owned or operated by the Administrator;
– Services, applications, and websites not owned or operated by the Administrator.
4. The Administrator will make every effort to ensure the Application operates continuously without disruptions but bears no liability for disruptions caused by force majeure or unauthorised interference by Users or third parties.
5. The Administrator reserves the right to temporarily suspend the Application, in whole or in part, for improvements or maintenance without prior notice to Users.
6. The Administrator is not liable for “theft” of User Accounts by third parties (particularly those to whom the User disclosed their Login and Password). Upon learning of such incidents, the Administrator will take appropriate legal steps, including notifying relevant authorities of suspected crimes.
7. Without the Administrator’s prior written consent, the User may not copy, reproduce, or otherwise use, in whole or in part, information, data, or other content and images from the Application, except in cases of permitted use under the Copyright and Related Rights Act or other mandatory legal provisions.
8. The Administrator reserves the right to assign, in part or in full, any of its rights and obligations related to the Application without the User’s consent or opportunity to object.
9. Any comments, queries, or information regarding the Application may be directed to the Administrator at: it@24max.pl.
**§8**
**WITHDRAWAL AND TERMINATION OF THE AGREEMENT**
1. The agreement for the provision of the Service, consisting of maintaining a User Account entitling the User to use the Application’s functions upon meeting the conditions specified in these Terms, is concluded for a fixed term corresponding to the subscription period purchased by the User. The User may terminate the agreement at any time with immediate effect and without stating a reason, though this does not entitle them to a refund of any portion of the subscription fee paid for using the Application.
2. The electronic service agreement may be terminated at any time by mutual agreement between the User and the Administrator.
3. The Administrator may terminate the agreement with immediate effect in cases specified in these Terms, as well as when:
a) Unauthorised use of the Application occurs or there are reasonable grounds to suspect such use;
b) The User materially or repeatedly breaches these Terms.
4. If providing temporary access to the Application becomes impossible for objectively justified reasons, the Administrator may terminate the agreement due to changes in the offer’s parameters.
**§9**
**COMPLAINTS PROCEDURE**
1. The User may file complaints regarding all matters related to the provision of the Service granting access to the Application.
2. Complaints related to the Service may be submitted via email to: it@24max.pl or in writing to the Administrator’s address provided above.
3. A complaint should include contact details of the complainant (name, surname, email address, phone number, residential address) and a description of the issue forming the basis of the complaint.
4. Complaints are processed within 14 days of receipt by the Administrator. A response is sent to the email address provided by the complainant or via another method specified by them.
**§10**
**PERSONAL DATA PROTECTION**
1. Use of the Service requires the User to provide personal data. Failure to provide personal data, providing false data, not consenting to data processing, or withdrawing such consent may restrict or prevent the use of the Service.
2. The Administrator ensures personal data protection in compliance with mandatory legal requirements, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) (OJ EU L 119 of 4 May 2016, p. 1).
3. Any matters related to personal data protection should be reported to: it@24max.pl.
4. Details regarding personal data protection are governed by the Privacy Policy available at: https://x-cut.pro/polityka-prywatnosci-2/.
**§11**
**FINAL PROVISIONS**
1. These Terms are provided free of charge via the website at the specified address in a form enabling their storage, download, and printing, as well as within the Application.
2. These Terms, in their current wording, take effect on 31 January 2025.
3. Users will be informed of changes to these Terms via email to the address provided during Account registration and through a notice posted by the Administrator on the page containing the Terms, along with the publication of the updated Terms.
4. Upon receiving notice of changes to the Terms, the User should review them, and subsequent login to the Application will constitute acceptance of the updated Terms.
5. A User’s statement of non-acceptance of changes to the Terms, sent within 14 days of receiving notice of the updated Terms from the email address used to create the User Account to: it@24max.pl, will result in termination of the electronic service agreement and loss of Account login access. Non-acceptance of the updated Terms does not entitle the User to a refund of any portion of the subscription fee paid for using the online Application.
6. In matters not regulated by these Terms, generally applicable provisions of Polish law shall apply, particularly the Civil Code, the Act on the Provision of Electronic Services of 18 July 2002, and other relevant mandatory Polish legal provisions.
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