Tubbly Terms of Use
Updated: July 8, 2024
Tubbly Range
The Tubbly Terms of Use constitute a legal document between the User and TAM LABS LIMITED LIABILITY COMPANY, which is registered in the National Court Register by the District Court in M.ST. WARSAW, XII COMMERCIAL DIVISION, under KRS number: 0001070536, NIP: 5252981359, REGON: 527013380, with its registered office in Warsaw at ul. Twardej 18, with e-mail address hello@tubbly.io (hereinafter referred to as “Tubbly”, “TAM LABS sp. z o.o.” or “application” depending on the context). They apply to the use of the Tubbly mobile and web application.
BY DOWNLOADING, INSTALLING OR USING TUBBLY, YOU AGREE TO BE BOUND BY TUBBLY'S TERMS OF USE. IF THE USER DOES NOT AGREE WITH THESE TERMS, THEN LABS SP. Z O.O. PROHIBITS THE USE OF TUBBLY.
Users may use Tubbly only in accordance with these Tubbly Terms of Use. These Tubbly Terms of Use also apply to any updates or changes to Tubbly that may be made.
Tubbly Key Concepts:
(a) Spot - a designated point on the Tubbly Map where (depending on the graphics on the Spot) there may be Tokens, products, services or other benefits from a Tubbly Partner;
(b) User - a person who accepts the Tubbly Terms of Use who has registered with Tubbly;
(c) Token - a virtual unit that Users earn in Spots (or other activities), Tokens are used to exchange for products, services and other benefits from Tubbly Partners;
(d) Partner - an entity that uses Tubbly and promotes its products, services or other benefits;
(e) Map - the main module of the Tubbly application on which there are Spots with Tokens and products, services or other benefits;
(f) Rewards - a module of the Tubbly application in which products, services or other benefits appear after a transaction;
(g) Rewards Directory - the module of the application in which the products, services or other benefits that the User may obtain during the transaction of exchanging Tokens for products, services or other benefits in the application appear.
(h) Badges - additional activity in which the User can obtain Tokens
(i) Wallet - application module integrated with public blockchain networks with access to private and public key.
I. Permissions granted to the User to use Tubbly
TAM LABS sp. z o.o. grants the User non-exclusive, non-transferable and non-commercial rights that allow the following actions to be performed on the basis of the Tubbly Terms of Use:
(a) downloading, installing and using Tubbly, and using all updates provided by Tubbly, solely for personal use on a compatible mobile device owned or controlled by you; and
(b) accessing and visiting the Tubbly Websites for your personal use only.
The user is prohibited from decompiling, modifying, reverse engineering, and any attempt to obtain the source code of the application. The user is obliged to maintain the confidentiality of information related to the application and to report any unauthorized use of his account.
TAM LABS sp. z o.o. may withdraw the rights granted on the basis of these Tubbly Terms of Use at any time after prior notice to the User. If you violate any of the rules of these Tubbly Terms of Use, those privileges automatically expire. In the event of withdrawal or expiration of any of your privileges, you are obligated to immediately cease using Tubbly and delete all copies of Tubbly that you own.
TAM LABS sp. z o.o. is not responsible for any damages resulting from the use of the application by the User.
II. Required age for Tubbly users
Tubbly complies with child protection and privacy laws, and therefore takes appropriate measures to protect children from inappropriate content and protect their personal information. To ensure the safety of children who might accidentally access Tubbly, we recommend that parents and legal guardians monitor their use and provide appropriate education related to modern technologies.
The Tubbly app is not intended for use by children under 13 years of age. Persons under the age of 13 are not allowed to use Tubbly. If we become aware of such use, we will immediately delete the relevant User account (s). Persons under the age of 18 must obtain parental or legal guardian consent to use Tubbly.
Tubbly encourages parents and legal guardians to work together to protect children from inappropriate content and comply with privacy laws. If parents or legal guardians have any questions or concerns about their children's use of Tubbly, we encourage them to contact us via email: hello@tubbly.io.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TAM LABS SP. Z O.O. DISCLAIMS ALL LIABILITY FOR ANY ACTIVITIES PERFORMED BY THE CHILD WITH OR WITHOUT THE CONSENT OF THE PARENT. IF YOU ARE A PARENT AND AGREE TO REGISTER THE CHILD. YOU HEREBY AGREE TO YOUR CHILD'S TERMS OF SERVICE AND ARE FULLY AWARE OF AND ACCEPT TUBBLY'S TERMS OF USE.
III. Rights to Tubbly and its Content
All rights to Tubbly, its content and intellectual property rights remain with TAM LABS sp. z o.o. The User does not acquire any rights to such content, except as expressly set out in the Tubbly Terms of Use. “Tubbly” is a registered trade name and trademark of TAM LABS sp. z o.o.
You agree that you will not copy, modify, distribute, sell, transfer, publish or otherwise use Tubbly content, or create derivative works from such content, without the prior written consent of TAM LABS sp. z o.o. You also agree that you will not use Tubbly for any illegal or unlawful activity. In case of violation of the above rules, TAM LABS sp. z o.o. reserves the right to immediately remove the User's access to Tubbly and to take further legal steps. Tubbly is available under the Tubbly Terms of Use and is not for sale. You have only those rights that have been described in section “I” of the Tubbly Terms of Use. We do not transfer any ownership or access rights to Tubbly source code.
In the event that you have uploaded any content (e.g. images, text, data) to Tubbly, you retain all intellectual property rights in that content. You grant Tubbly an irrevocable license to use, copy, share, distribute, perform, modify, develop and transmit this content worldwide, at no additional charge, for any purpose and at any time without your prior consent. In accordance with the provisions of these Tubbly Terms of Use, except as expressly provided by Tubbly, the User agrees not to use any Tubbly content (excluding content uploaded by the User to Tubbly) for commercial purposes without the prior written consent of TAM LABS sp. z o.o.
IV. Using Tubbly
In order to ensure the security and privacy of Users, Tubbly requires the creation of a User account before using the application. Registering and creating a User account is a simple and fast process. The person using this account is responsible for all uses of it, both by himself and by others. The user should ensure that the information associated with the password remains confidential and secure.
BY REGISTERING WITH TUBBLY, YOU AGREE TO BE BOUND BY THE TERMS OF USE OF TUBBLY. IF THE USER DOES NOT AGREE WITH THESE TERMS, THEN LABS SP. Z O.O. PROHIBITS THE USE OF TUBBLY.
To the extent permitted by law, we are not responsible for unauthorized use of your account that results from the lack of restriction of access to the mobile device, the failure to maintain the confidentiality of your information or the absence of a strong password. Access to the account may be restricted or completely prevented if you lose control of the email address to which the account is registered.
By using Tubbly on your mobile device, you acknowledge and agree that Tubbly may run in the background of your mobile device, which in turn may affect the battery life of that device.
In Tubbly you earn Tokens, most often it consists of getting to the place indicated on the map and receiving Tokens. Spots (where Tokens are available) appear only in public places or places indicated by our Partners such as shops, restaurants, service lounges, etc. If the Spot appeared in a prohibited place, please contact us immediately at the email address: hello@tubbly.io.
Tubbly uses Google Maps (https://www.google.pl/maps) and the user agrees and is fully aware of the Google Maps Terms of Use available under the website: https://policies.google.com/terms?hl=en.
USING TUBBLY CAN BE DANGEROUS AND LEAD TO DIFFICULT OR POTENTIALLY ILLEGAL PLACES. BY USING TUBBLY YOU REPRESENT THAT YOU ARE FULLY AWARE OF AND ACCEPT THE RISK OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. BEFORE GOING OUTSIDE, BE SURE TO CHECK THE CURRENT CONDITIONS AND USE COMMON SENSE. SPOTS ON THE TUBBLY MAP DO NOT MEAN THAT ACCESS TO THEM IS SAFE OR LEGAL. REMEMBER THAT THE RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH THE SEARCH FOR SPOTS LIES WITH THE USER. COMPLY WITH HEALTH AND SAFETY REGULATIONS.
IF YOU DO NOT ACCEPT THE RISKS THAT COULD POTENTIALLY ARISE, STOP USING TUBBLY.
V. Tokens in Tubbly
Tokens are used to exchange for products, services, and other benefits offered on Tubbly. Tubbly users can earn Tokens by collecting Tokens from the map and other activities such as watching ads or contests.
The User acknowledges and agrees that Tokens may not be exchanged for fiat money from TAM LABS sp. z o.o. TAM LABS sp. z o.o. reserves the right to void all Tokens that we have reason to believe have been generated in a manner contrary to the Tubbly Terms of Use or applicable law and to suspend, deactivate or delete User accounts Tubbly, which are used in violation of these Tubbly Terms of Use.
TAM LABS sp. z o.o. may at any time limit the number of Tokens that Tubbly Users can earn in Spots or other activities.
VI. Using Tubbly
The User undertakes, under the threat of permanent deletion of his account, that he will not:
(a) use more than one Tubbly account, e.g. you may not register for more than one email address;
(b) attempted to acquire Tokens in a manner other than physically going to a designated Spot on the map; e.g., the User may not use hacking tricks/software on their mobile device that simulates/moves locations;
(c) copy, modify, transmit, reproduce the source code, modify and decode, reproduce the source code and do anything that could affect the operation of Tubbly, e.g. you may not copy the code of the Tubbly application and modify it for private or commercial use;
(d) use Tubbly in an unlawful manner or in a manner inconsistent with these Tubbly Terms of Use;
(e) violate our intellectual property rights or the rights of third parties in connection with your use of Tubbly;
(f) use Tubbly in a manner that could damage, disable, burden, weaken Tubbly systems, endanger the security of those systems, or impede the work of other Users;
(g) collect, collect information or data from Tubbly for commercial purposes, unless TAM LABS sp. z o.o. gives written consent to this;
(h) apply for offers, products, services or other benefits that are not available in your country, e.g. you may not apply for a Polish product if you are in Japan and cannot expect the product, service or other benefit to be shipped to another country;
(i) You may not use Tokens in one country to purchase products, services or other benefits in another country unless authorized by the Partner;
(j) falsify data or impersonate other persons;
(k) use bots or other tools that automate interactions with Tubbly;
(l) undertakes to immediately report any security breaches or suspicious activities to TAM LABS sp. z o.o.
VII. No Tubbly Warranties and Assurances
TAM LABS sp. z o.o. makes no warranties or representations regarding the services offered by Tubbly. The Tubbly App is provided “as is” without any warranties, warranties or obligations of any kind regarding availability.
TAM LABS sp. z o.o. does not warrant that Tubbly will operate without interruptions or errors, nor that any errors will be corrected.
TAM LABS sp. z o.o. also does not guarantee that Tubbly or its servers are free of viruses or other harmful elements.
TAM LABS sp. z o.o. is not liable for any direct, indirect, special, punitive or consequential damages that result in any way from the use or inability to use Tubbly.
TAM LABS sp. z o.o. is not liable for any direct, indirect, special, punitive or consequential damages that arise in any way from the use or inability to use Tubbly, including interruptions in operation, loss of data, delays and other issues related to the technical aspects of the application.
TAM LABS sp. z o.o. is not responsible for the content provided by Partners and for any interaction between users and Partners.
If you are dissatisfied with Tubbly's services or any Tubbly rules, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue your use of Tubbly.
VIII. Third-Party Content on Tubbly
Tubbly may link to third party websites. You agree that Tubbly has no control over the content of these sites and is not responsible for the materials available on these sites or for their use. You acknowledge that Tubbly is not responsible for any action or inaction with respect to content and links provided by other Tubbly Users. The use of these contents and links is at the sole risk of the User.
Tubbly accepts no liability for any direct, indirect, special, punitive or consequential damages that result from the use of such content and links.
Tubbly is not liable for any damages that may result from the use of content and links provided by third parties. If such content and links are illegal or violate the rights of third parties, Tubbly will remove the content and links after verification.
Tubbly reserves the right to verify content and links reported by users as inappropriate. Users may report inappropriate content and links by contacting the email address: hello@tubbly.io. Tubbly will take appropriate action in response to submissions, including removing illegal or infringing third party content and links.
The content posted by users is the sole responsibility of these users. Tubbly is not responsible for the content posted by users.
IX. Tubbly app changes and updates
TAM LABS sp. z o.o. has the right, without having to give a reason and without liability, to change, suspend, restrict or prevent the User's access to Tubbly, or to change the functionality or content of Tubbly after prior notification of the User.
TAM LABS sp. z o.o. may also provide updates to Tubbly, and depending on the type of update, you may need to download the latest version of Tubbly to continue using Tubbly.
TAM LABS sp. z o.o. reserves the right to introduce automatic updates of the application without prior consent of the user, if this is necessary to improve security or functionality. TAM LABS sp. z o.o. may also provide updates to Tubbly, and depending on the type of update, you may need to download the latest version of Tubbly to continue using Tubbly.
TAM LABS sp. z o.o. is not responsible for technical interruptions related to the introduction of changes or updates. If you wish to contact Tubbly with any issues, requests, questions, please send an email to: hello@tubbly.io.
TAM LABS sp. z o.o. will take all possible measures to protect user data when making changes or updating the application. Your continued use of the application after changes or updates have been made constitutes your acceptance of those changes.
X. Updates and Changes to Tubbly's Terms of Use
TAM LABS sp. z o.o. may amend or update these Tubbly Terms of Use at any time, and the User undertakes to check them regularly. Your continued use of Tubbly after such changes are made constitutes your agreement to be bound by the revised terms. In the event of significant changes, TAM LABS sp. z o.o. will inform registered Users thereof, and further use of Tubbly signifies agreement to comply with these changes.
TAM LABS sp. z o.o. may also provide additional instructions regarding the use of Tubbly, and your use of Tubbly constitutes your agreement to follow these instructions.
If you do not object to the changes to the Tubbly Terms of Use within 14 days of receiving notification to your email address, you will be bound by the new terms. Failure to read the new terms does not release the User from the obligation to comply with them. If you do not agree to the new terms, you should stop using Tubbly.
TAM LABS sp. z o.o. reserves the right to unilaterally change the conditions without the need to obtain the User's consent. Changes and updates to Tubbly's Terms of Use are also available at https://www.tubbly.io/warunki-uzytkowania-tubbly.
XI. Tubbly Awards Map and Catalog
Tubbly allows Partners to offer products, services and other benefits that can be exchanged for Tokens. Tubbly Partners means entities that offer products, services or other benefits that are available on the Tubbly Map and the Tubbly Rewards Catalog. Tubbly User-listed Tokens for products, services and other benefits offered by Tubbly Partners are not transferred to Tubbly Partners. Once you have made a transaction to exchange Tokens for products, services and other benefits offered on the Tubbly Map and the Tubbly Rewards Catalog, the Tokens remain at Tubbly's disposal.
To the extent that TAM LABS sp. z o.o. agrees to administer on behalf of the Tubbly Partner, through its own Tubbly account, the activity of the Tubbly Partner consisting in offering products, services or other benefits in exchange for Tokens on the Tubbly Map and the Tubbly Rewards Catalog, TAM LABS sp. z o.o. retains 100% (in words: one hundred percent) of the Tokens received.
The Tubbly User and the Tubbly Partner agree that TAM LABS sp. z o.o. is not responsible for the quality, safety and legality of the goods, services or other benefits offered by Tubbly Partners on the Tubbly Map and the Tubbly Rewards Catalog. Tubbly user agrees that TAM LABS sp. z o.o. has no control over these products, services or benefits and that it does not guarantee their quality, safety, legality, veracity or accuracy. TAM LABS sp. z o.o. does not act as a representative, contractor, intermediary or represent Tubbly Partners on the Tubbly Map and the Tubbly Rewards Catalog, unless otherwise agreed with the Partner.
The Tubbly User and the Tubbly Partner agree that TAM LABS sp. z o.o. is not responsible for the quality, safety, legality, authenticity and accuracy of the goods, services, or other benefits offered by Tubbly Partners on the Tubbly Map and the Tubbly Rewards Catalog, and that TAM LABS sp. z o.o. has no control over such products, services or benefits.
The Tubbly User and the Tubbly Partner agree that TAM LABS sp. z o.o. does not act as a representative, contractor, intermediary or represent Tubbly Partners on the Tubbly Map and the Tubbly Rewards Catalog, unless otherwise agreed with the Partner. TAM LABS sp. z o.o. does not guarantee that any User will actually complete or carry out any transaction on the Tubbly Map and the Tubbly Rewards Catalog.
You agree that TAM LABS sp. z o.o. may, at its sole discretion, make changes to the products, services and other benefits offered, as well as to change the number of Tokens needed to be exchanged for these products, services or benefits on the Tubbly Map and the Tubbly Rewards Catalog.
You agree that the products, services and other benefits on the Map and Reward Catalog may have a different value in Tokens, and this value is determined on a case-by-case basis for each product, service or other benefit.
TAM LABS sp. z o.o. also has the right to limit the number of transactions for the exchange of products, services or benefits by an individual User or a group of Users. In the event of a decision to make such a change, TAM LABS sp. z o.o. will inform the Tubbly Partner and allow it to remove the relevant products, services or other benefits if the Partner does not agree to the changed number of Tokens required.
The User agrees that TAM LABS sp. z o.o. may cancel any transaction in Tubbly and return the accumulated Tokens to the User.
The Tubbly Partner warrants and warrants that all products, services or other benefits offered by the Tubbly Partner on the Tubbly Map and the Tubbly Rewards Catalog will be as described by the Partner, comply with all applicable laws, meet the quality and allowable use requirements set forth by TAM LABS sp. z o.o., and will be delivered in full when the User exchanges the appropriate amount of Tokens determined by TAM. LABS sp. z o.o. for products, services or other benefits.
The Tubbly Partner agrees that TAM LABS sp. z o.o. may, for valid reasons, remove any offer on the Tubbly Map and the Tubbly Rewards Catalog at any time and in its sole discretion. Any products, services or other benefits listed on the Tubbly Map and the Tubbly Rewards Catalog are offered subject to availability (which may be limited if specified in the offer) and the applicable terms and conditions of the Tubbly Partner posting the offer and may be withdrawn at any time prior to replacement.
You agree that any disputes regarding products, services or other benefits obtained through the Tubbly Map and the Tubbly Rewards Catalog will be resolved between the parties to the transaction in accordance with the terms and conditions of the respective transaction.
TAM LABS sp. z o.o. is not responsible for any transactions in which it does not participate directly as a website.
In the event that TAM LABS sp. z o.o. determines in its sole discretion that fraud has occurred or that the Partner has violated the Tubbly Terms of Use or has failed to comply with the agreements regarding products, services or other benefits offered on the Tubbly Map and the Tubbly Rewards Catalog, which have been correctly listed by the User through the required number of Tokens and in accordance with the applicable terms, TAM LABS sp. z o.o. reserves the right to reallocate Tokens between Users in order to compensate the injured User/ Users, at our sole discretion, and to suspend or terminate the use of Tubbly by one or more Tubbly Partners.
You agree that TAM LABS sp. z o.o. is not responsible for providing returns, exchanges or refunds in connection with any transaction made on the Tubbly Map and the Tubbly Rewards Catalog, in which TAM LABS sp. z o.o. does not participate directly as a site.
You agree that TAM LABS sp. z o.o. makes no warranties or representations that the offering, sale, purchase or use of any products, services or other services on the Tubbly Map and the Tubbly Rewards Catalog are in accordance with applicable law for the User. A Tubbly Partner is responsible for ensuring that all products, services or other benefits offered are lawful.
You acknowledge and are fully aware that in some cases you will have to pay a shipping fee for a product, service or other benefit. This depends on the policy of the respective Tubbly Partner and is not affected by Tubbly.
You acknowledge and are fully aware that products, services and other benefits are limited in Spots and their quantity depends on the resources available to Tubbly Partners.
TAM LABS sp. z o.o. reserves the right to change the balance of the User's account at any time, if there are legitimate reasons for this, without the need to obtain the User's consent. Such changes may include, but are not limited to, bug fixes, voiding Tokens earned in violation of the Terms of Use, as a result of fraud, or other violations of Tubbly's terms and conditions. The User acknowledges and accepts that the decisions of TAM LABS sp. z o.o. in this regard are final and are not subject to further discussion.
XII. Wallet
You can make deposits and withdrawals using the Wallet available in the Tubbly app. TAM LABS sp. z o.o. is not responsible for any loss of funds resulting from user errors, technical failures, or actions of third parties. You are obliged to comply with all legal provisions relating to financial transactions, including those relating to the prevention of money laundering and terrorist financing.
The user has the option to export his private key from the wallet (Wallet). TAM LABS sp. z o.o. is not responsible for the loss or misuse of the private key by the user. You acknowledge that storing and securing your private key is your sole responsibility. Any blockchain transactions made using the exported private key are considered authorized by the user.
TAM LABS sp. z o.o. reserves the right to temporarily or permanently limit the functionality of the wallet (Wallet), including deposits, withdrawals and export of the private key, without having to specify the reason. TAM LABS sp. z o.o. is not liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from the use of the Wallet, including loss of funds, availability of wallet functions or technical errors. In case of suspected security breach, unauthorized access or fraud, TAM LABS sp. z o.o. reserves the right to immediately block the user's wallet and take appropriate legal steps. TAM LABS sp. z o.o. also reserves the right to change the balance of the user's account at any time, if there are legitimate reasons for this, without the need to obtain the user's consent. Such changes may include, but are not limited to, bug fixes, voiding Tokens earned in violation of the Terms of Use, as a result of fraud, or other violations of Tubbly's terms and conditions.
TAM LABS sp. z o.o. may introduce fees for the use of the wallet, including for making transactions, deposits, withdrawals and the export of the private key. Any charges will be clearly stated and the user will be informed of their introduction in good time. These fees can be set based on the current conditions of the blockchain network on which the wallet operates, meaning they may change depending on the network load and transaction costs associated with processing blockchain transactions.
You acknowledge that the use of a wallet may involve risks associated with blockchain technology, including, but not limited to, volatility in the value of digital assets and potential hacking attacks. TAM LABS sp. z o.o. reserves the right to verify the identity of the user in order to prevent fraud and ensure compliance with applicable law. The User is obliged to cooperate in such verifications and to provide the necessary information.
You are fully aware and agree that fees associated with the blockchain network may be charged during withdrawals and the use of certain functionalities of the application. These fees are variable and determined on the basis of the current conditions of the blockchain network, over which TAM LABS sp. z o.o. has no control. You acknowledge that these charges may vary depending on network load and other external factors, and you agree to pay them automatically or manually. TAM LABS sp. z o.o. is not responsible for any changes in the amount of these fees or for possible difficulties related to their payment. You acknowledge that failure to pay the required fees may result in delays or inability to complete the transaction.
Wallet is an interface that allows access to the blockchain protocols supported by Tubbly. The user should make sure that the cryptocurrencies being transferred are supported by the application. Sending unsupported cryptocurrencies may result in their total loss, for which Tubbly is not responsible and there is no way to recover these funds.
You should also remember that using a wallet in the Tubbly app involves risks associated with blockchain networks, including the risk of erroneous transactions, hacking attacks, and cryptocurrency price volatility. TAM LABS sp. z o.o. is not responsible for loss of funds resulting from such risks. You are responsible for the secure storage of your private key and other security data.
The user can obtain Tokens and Coins from various blockchain networks for activity in the application, such as finding them on the Tubbly Map or other activities. The User is aware that these Tokens have no guaranteed value and their value may vary. TAM LABS sp. z o.o. is not responsible for any value of these Tokens, and any risks related to the value and usefulness of the Tokens are the sole responsibility of the User.
In the event that the user notices any irregularities or suspects that his account has been compromised, he should immediately contact TAM LABS sp. z o.o. via the e-mail address: hello@tubbly.io. TAM LABS sp. z o.o. will make every effort to solve the reported problems in the shortest possible time.
TAM LABS sp. z o.o. is not responsible for any losses resulting from interruptions in the operation of the wallet (Wallet), delays in the execution of transactions, technical errors or system failures. The User undertakes to immediately inform TAM LABS sp. z o.o. of any technical problems noticed or suspicions of unauthorized access to his wallet (Wallet).
XIII. Limitation of Tubbly's Liability
The User acknowledges that Tubbly was not created specifically for his individual needs and for this reason TAM LABS sp. z o.o. is not responsible for guaranteeing that Tubbly functions meet the User's needs. Tubbly is available free of charge and TAM LABS sp. z o.o. has no obligation to deliver it at a specific time and place.
TAM LABS sp. z o.o. is not responsible for any damages, losses or costs incurred by the User as a result of using Tubbly, including direct, indirect, incidental, special, punitive, consequential or consequential damages, regardless of whether they result from use, inability to use, loss of data, delays in operation, unauthorized access to User data, or other reasons related to the use of Tubbly.
If the liability of TAM LABS sp. z o.o. is excluded or limited, this exclusion or limitation also applies to employees, subcontractors and Tubbly Partners. The above exclusions or limitations of liability do not affect claims under the law governing liability for a dangerous product. In other respects, the liability of TAM LABS sp. z o.o. is excluded to the extent permitted by applicable law in Poland.
TAM LABS sp. z o.o. does not guarantee that Tubbly will work without interruptions, errors, viruses or other harmful elements. You use Tubbly at your own risk and acknowledge that there may be some technical risks associated with your use of the application. Any material downloaded or otherwise obtained through Tubbly is obtained by the User at his own risk, and TAM LABS sp. z o.o. is not responsible for any damages caused as a result of downloading such materials.
The user confirms that TAM LABS sp. z o.o. has the right to make any changes to Tubbly, suspend or terminate the operation of the application at any time, without prior notice, which may affect the availability and functioning of Tubbly.
XIV. ending
You have the right to unsubscribe from using Tubbly at any time and delete your account in the Tubbly Settings in the app via the “Delete Account” button or by contacting TAM LABS sp. z o.o. via the email address: hello@tubbly.io.
TAM LABS sp. z o.o. reserves the right to terminate the operation of the Tubbly application or to exclude the User from using Tubbly due to important reasons, such as, for example, violation of the User's obligations set out in the Tubbly Terms of Use, actions to the detriment of Tubbly or other Users, abuse of the functions of the application, or other actions contrary to the rules and policies of Tubbly, in its sole discretion.
TAM LABS sp. z o.o. also reserves the right to terminate the contract with the User without notice in the event of a serious breach of the Tubbly Terms of Use, as well as to take appropriate legal steps to protect its interests. In the event of termination of the application or exclusion of the User, all unused Tokens may be canceled without the right to a refund or compensation, unless TAM LABS sp. z o.o. decides otherwise.
XV. Final Provisions
TAM LABS sp. z o.o. is entitled to waive or transfer the rights and obligations under these Tubbly Terms of Use to a third party. The Tubbly User may not waive or otherwise transfer the rights and obligations arising from these Tubbly Terms of Use to third parties without the prior written consent of TAM LABS sp. z o.o. Any attempt to do so without the consent of TAM LABS sp. z o.o. is void.
TAM LABS sp. z o.o. is not responsible for any failure or delay in the performance of our obligations under these Tubbly Terms of Use as a result of an action or event beyond our control, including force majeure.
If TAM LABS sp. z o.o. does not insist on the performance by the User of any of its obligations under these Tubbly Terms of Use or if it fails to enforce its rights against the User, or if it delays the exercise of these rights, this does not mean that TAM LABS sp. z o.o. has waived its rights towards the User and therefore the User does not have to comply with its obligations. If TAM LABS sp. z o.o. withdraws from the enforcement of the obligation by the User, it will do so only in writing. Such withdrawal does not mean that any obligations of the User other than those expressly indicated in the withdrawal are automatically waived.
If any provision of these Tubbly Terms of Use is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions of these Tubbly Terms of Use shall not be affected. The same applies to any possible loopholes in these Tubbly Terms of Use. In place of an invalid or unenforceable provision or to fill a gap, an applicable provision will apply. To the extent legally possible, that provision should correspond to the meaning and purpose of the invalid or unenforceable provision or the presumed intention of the parties, if they had taken that issue into account.
These Tubbly Terms of Use are governed by the laws of the Republic of Poland.
TAM LABS sp. z o.o. reserves the right to change these Tubbly Terms of Use at any time. Any changes are effective as soon as they are posted on the Tubbly website or notified to Users via the app. Your continued use of Tubbly after such changes are made constitutes your acceptance of the new Terms of Use.
