Terms of Use

Effective date: December 29, 2014.

Please read the following terms of use thoroughly. By accessing or using the Site (as defined below) and/or Product (as defined below) available through the Site, you hereby agree to be bound contractually by and firmly adhere to these terms of use, as it may be amended or supplemented from time to time. If you do not accept these Terms of Use, you may not access the Site and use the Product.

General Provisions

  1. The capitalized terms used in these Terms of Use shall have the following meaning:
    1. Provider - an entity providing access to the Site and the Product available through the Site, that is RemoteMyApp Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Al. Piastów 22, 71-064 Szczecin, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court in Szczecin - the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000540442, NIP (tax identification number): 9662094878, and REGON (national business registry number) number 360123502, amount of the share capital of PLN 100,000.00 covered in whole.
    2. Contact Form - an electronic document placed on the Site, dedicated to contact with the Provider.
    3. Site - a website, accessible under the URL: https://vortex.gg, and all associated sites linked to the Site, which are operated by the Provider.
    4. Product - utility software available through the Site in accordance with these Terms of Use, which is a client remote desktop through which Users can, among other things, access all already installed programs and games, enjoy videos and music stored on User's computer or play PC games and all the Flash games.
    5. Terms of Use - this document, specifying the terms and conditions of the use of the Site and the Product as well as the rights and obligations of Users and the Provider. The Terms of Use constitute a binding agreement between a User and the Provider, with respect to the User's use of the Site and the Product.
    6. User - an individual who has reached the age of majority in his/her jurisdiction, with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the Site and the Product in accordance with the Terms of Use.
  2. Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Provider hereby establishes the following Terms of Use.

Functionalities

  1. The Site and the Product is accessible worldwide to anyone with Internet access.
  2. The Product was designed to allow Users to have remote access to all programs and games already installed by the User, to enjoy videos and music stored on User's computer (with Windows, Mac or Linux) or play PC games and all the Flash games. So far the Product works only on Android-based devices.
  3. The Provider reserves the right to change the Site and Product functionalities at any time, in particular by introducing new functions and facilities for Users.

Conditions for Using the Site and Product and Rules of Liability

  1. Technical requirements concerning the use of the Site are as follows:
    1. Internet connection;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
    3. Android-based mobile device with 3G/4G or Wi-Fi;
  2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and the Product.
  3. Before starting the use of the Site and the Product, a User is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and the Product is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. A User undertakes to respect the Terms of Use while using the Site and the Product, both in its current wording and with any later amendments.
  5. A User can hold only one licence. The licence cannot be transferred to third party or used by such a third party.
  6. A User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of the Product. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
    1. attempts at disturbing or cutting off access to subscriptions of other Users or to their computers (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
    4. unauthorized scanning of the network of the Provider or other Users in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Users;
    6. unauthorized attempts at breaking the security of a computer or network of another User;
    7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, or other information;
    8. taking over IP addresses;
    9. direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
  7. Without limiting any other provision in these Terms of Use, a User may not use the Site and the Product to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. transmit files that contain viruses, spyware, adware or other harmful code;
    6. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
    7. interfere with others using the Site or Product or otherwise disrupt the Site;
    8. transmit, collect or access Users' personal data without the consent of those Users and the Provider;
    9. engage in unauthorized spidering, "scraping" or harvesting, contact or other personal data or use any other unauthorized automated means to compile information;
    10. defeat any access controls, access any portion of the Site that the Provider has not authorized User to access.
  8. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the access to the Product of the User who breaches these Terms of Use.
  9. If User uses a Contact Form s/he is obliged to give real information, true to facts of the case.
  10. The Provider undertakes to ensure possibly the highest quality and stability of the Site and the Product, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  11. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or the Product, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and the Product accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Product, which may temporarily cause difficulties or make it impossible for Users to use the Product.
  12. In special cases affecting the security or stability of the Site and the Product, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Product.
  13. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.
  14. It is the User's responsibility to provide proof of ownership of games once the 'I own this game' option is selected, or the 'I own this game' button is pressed or clicked. The Product provides a platform to enable the User to play their games and does not verify game ownership in any way.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the Site and the Product is concluded upon visiting the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. User cannot access and use the Site and the Product without prior acceptance of these Terms of Use and Privacy Policy.
  2. A User can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons.
  3. A User may stop using the Site and the Product at any time.

Complaints

  1. A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged through our email address contact@vortex.gg or by way of a traditional letter send to the following address: RemoteMyApp Sp. z o.o., Generała Władysława Andersa 38/402, 15-113 Białystok, Poland. A complaint should include in particular the problem constituting the basis for a complaint and User identification information (name, e-mail address, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
  4. Within fourteen (14) calendar days of receiving User's complaint in proper form the Provider will:
    1. complete its internal investigation and advise User of its decision; or
    2. inform a User that it needs more time to complete the investigation.
  • If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User's response.
  • A complaint should be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
  • On completion of the investigation, the Provider will advise User of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use.
  • If a User is not satisfied with Provider's decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
  • A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by User submitting a complaint.
  • Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  • If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
  • Intellectual Property

    1. The Site and the Product and all rights related thereto are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
    2. A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
    3. On the condition that the User complies with all his/her obligations under these Terms of Use, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to download, install, back-up, and use the Product, including any documentation files or website information accompanying it, as the Provider intends the Product to be used, and only in accordance with these Terms of Use and in particular provided that: (i) the Product is not modified in any manner; (ii) all copyright and proprietary notices or labels are maintained on the Product in their original format; and (iii) use of the Product is solely for User's non-commercial (internal) purposes. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Product; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Product, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Product; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Product. User will comply with all applicable laws and regulations relating to the use of and access to the Product. User may not provide access to the Product to third parties. The license granted above and User's right of use of the Product will terminate immediately if User fails to comply with these Terms of Use.
    4. The Product is being licenced, not sold, and the Provider expressly reserves and maintains at all times all ownership rights in and to the Product, including any intellectual property rights therein. These Terms of Use shall not be construed to grant any ownership rights in the Product to a User, but shall only give a User a limited licence to use the Product until this license is terminated, as set forth in herein. A User acknowledges that the Product, including all intellectual property rights under copyright, trade secret or trademark laws, is owned by the Provider. The Provider may pursue all legal remedies if a User uses the Product in violation of these Terms of Use.
    5. A User acknowledges that if s/he uses the Product in violation of these Terms of Use (including, without limitation, by copying, distributing or making derivatives of the Product), the User may be subject to criminal and/or civil fines and penalties under applicable laws.
    6. As a condition of User's use of the Product, the User warrants that s/he will not use the Product for any purpose that is unlawful or is prohibited by these Terms of Use. A User agrees to comply with all local rules applicable to the User in his/her use of the Product. A User agrees not to reproduce, resell or exploit for any commercial purposes, any portion of the Product. If a User violates any of these terms, a license to use the Product automatically terminates.
    7. The Product is provided solely for lawful purposes and use. A User agrees to supervise and control the use of the Product in accordance with the terms of these Terms of Use.
    8. The Product is provided to Users “as is” by the Provider and any use of the Product is at User's own risk. A User acknowledges that the Product may contain bugs, errors, and other problems that could cause system or other failures and data loss. The Provider does not warrant the performance of the Product and does not warrant that the Product will operate substantially in accordance with the documentation accompanying the Product. The Product may make changes to User's registry and other files and the User assumes all risk for such changes. Please be sure to back up your computer and all important data before using or running the Product.
    9. To the maximum extent permitted by law, the Provider disclaims all warranties of any kind, whether expressed or implied, in equity or at law, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Provider does not warrant that the functions contained in the Product will meet any requirements or needs a User may have, or that the Product will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Product will be corrected, or that the Product is compatible with any particular platform. The Provider makes no warranty that it will provide Users with the most recently developed or distributed version of the Product. A User shall be solely responsible for ensuring that s/he has the latest version of the Product.
    10. A User recognizes and accepts that only s/he is ultimately responsible for any losses or damages incurred by the User as a result of using or installing the Product or as a result of any changes made to User's computer and mobile device. To the maximum extent permitted by law, in no circumstances or event will the Provider be liable to a User or any other person or entity for any incidental or consequential damages (including, without limitation, direct or indirect, incidental, special, punitive, or exemplary damages for loss of business, loss of profits or revenue, business interruption, or loss of business information or data) arising out of the use of or inability to use the Product, or for any claim by any other party, even if the Provider has been advised of the possibility of such damages or if the damage was foreseeable.

    Personal Data Protection and Privacy Policy

    1. The collection, use and disclosure of User's personal by the Provider data are governed by the provisions of the Privacy Policy, available on the Site. A User consents to the use and disclosure of User's personal data in the circumstances stated in that Privacy Policy.
    2. A User shall carefully read the full Privacy Policy before deciding to become a User.
    3. In case a User is making use of the Site or the Product in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the User's personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the User of his/her committing illegal activities with a demand of their immediate cessation.

    Final Provisions

    1. The Terms of Use enter into force on December 29, 2014.
    2. The Terms of Use are available to Users here.
    3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by changing the fees payable, introducing new fees, introducing new Terms of Use, for one or more of the following reasons:
      1. to comply with any change or anticipated change in any relevant law or code of practice;
      2. to reflect any decision of a court, ombudsman or regulator;
      3. to reflect a change in our systems or procedures, including for security reasons;
      4. as a result of changed circumstances (including by adding benefits or new features to the Site);
      5. to respond proportionately to changes in the cost of providing the Product; or
      6. to make them clearer.
    4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
    5. If a change is required in the Provider's view to restore or maintain the security of the Product, the change may be made immediately and without prior notice to Users.
    6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than fourteen (14) calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration on following email address: contact@vortex.gg. Termination shall become effective upon receiving User's statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
    7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to a User, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the User will be deemed to have consented to such transfer, assignment or novation.
    8. The Terms of Use shall be governed by the laws of the Republic of Poland, without regard to its conflicts of laws principles.
    9. If you have any queries regarding or comments on these Terms of Use, please contact us via contact@vortex.gg