Terms of Use
Last updated: 2026-05-24
These Terms of Use (“Terms”) govern your access to and use of the website at oliwkasoftware.com (the “Site”) and the applications, products, and services made available by Oliwka Software (“Oliwka Software”, “we”, “our”, or “us”) that link to or reference these Terms (collectively, the “Services”).
Please read these Terms carefully. By accessing or using the Site or the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site or the Services.
1. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction, whichever is higher) to use the Services. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and references to “you” include both you and that organization.
2. Accounts and security
Some Services require you to create an account. You agree to provide accurate and current information, to keep your credentials confidential, and to notify us promptly of any unauthorized use of your account. You are responsible for all activity that occurs through your account, except to the extent caused by our breach of these Terms.
3. Subscriptions, fees, and payments
Some Services are offered on a paid basis. Applicable fees, billing cycles, and renewal terms will be presented to you at the point of purchase. Unless otherwise stated:
- Fees are charged in advance and are non-refundable except as required by law or as expressly stated by us;
- Subscriptions automatically renew at the then-current price until you cancel through the cancellation method made available to you;
- We may change fees and billing terms with reasonable advance notice; continued use of a paid Service after a change constitutes acceptance;
- You are responsible for all taxes associated with your purchases other than taxes based on our net income.
Purchases made through a third-party platform (for example, the Apple App Store) are also subject to that platform’s terms, and refunds for those purchases are handled by that platform.
4. Acceptable use
You agree not to:
- Use the Services in violation of any applicable law or regulation, or to infringe the rights of others;
- Reverse engineer, decompile, or attempt to derive source code from the Services, except to the extent applicable law expressly permits;
- Probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure;
- Interfere with or disrupt the integrity or performance of the Services, including by transmitting malware or denial-of-service traffic;
- Use the Services to send unsolicited communications, scrape content, or harvest information about other users;
- Resell, sublicense, or otherwise commercially exploit the Services without our prior written consent.
5. Your content
If a Service allows you to submit, upload, or store content (“Your Content”), you retain ownership of it. You grant Oliwka Software a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to display Your Content correctly), and transmit Your Content solely as necessary to provide and improve the Services. You represent that you have all rights needed to grant this license and that Your Content does not violate these Terms or the rights of any third party.
6. Intellectual property
The Site, the Services, and all related software, content, and trademarks are owned by Oliwka Software or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. No other rights are granted by implication or otherwise.
7. Third-party services
The Services may link to or interoperate with third-party websites, applications, or services. We do not control and are not responsible for those third parties, and your use of them is subject to their own terms and policies.
8. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL NOT BE LOST OR CORRUPTED.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OLIWKA SOFTWARE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify, and hold harmless Oliwka Software and its officers, employees, and agents from and against any claims, damages, liabilities, and reasonable attorneys’ fees arising out of your use of the Services, Your Content, or your violation of these Terms or applicable law.
11. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if we are required to do so by law. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.
12. Changes to the Services or Terms
We may modify, suspend, or discontinue any part of the Services at any time. We may also update these Terms from time to time; if we make material changes, we will provide reasonable notice (for example, by posting a notice on the Site or contacting you by email). Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.
13. Governing law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New Jersey, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Dispute resolution
We prefer to resolve disputes informally. Before filing a claim, you agree to contact us at developer@oliwkasoftware.com and to attempt in good faith to resolve the dispute for at least sixty (60) days. If the dispute cannot be resolved informally, you and Oliwka Software agree that the state and federal courts located in New Jersey will have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
15. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order forms or additional terms presented for a specific Service, constitute the entire agreement between you and Oliwka Software regarding the Services.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices. We may provide notices to you by email or by posting on the Site. You may send notices to us at the email address listed below.
16. Contact
Email: developer@oliwkasoftware.com