Last updated: 0906.0301.20212022
IMPORTANT -- READ CAREFULLY: BY UTILIZING THE Smart Checklist SOLUTION YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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This Agreement shall be governed by and construed under the laws of the State of Delaware, USA, as applied to agreements entered into and to be performed in the State of Delaware by Delaware residents.
Provisions applicable to clients who are consumers
For the purposes of this Agreement, a natural person who carries out with Railsware a juridical act which is not directly related to his or her economic or professional activity shall be deemed a consumer (“Consumer”). The client, being a Consumer, at the latest at the beginning of placing an order for Service will receive clear and legible information on the main characteristics of the Service (e.g. the description, quantity, and quality, and possess the functionality, compatibility, information on interoperability). After placing an order, Railsware will provide the Consumer with a confirmation of the conclusion of the agreement on performance of Service on a durable carrier (including in the form of an e-mail message), to which the Consumer agrees.
Railsware hereby declares that the Service fits for the purpose for which the Consumer required it and possesses functionality, compatibility, accessibility, continuity, and security normal for the service of this type available on the market, of which the consumer was made aware of. The Consumer, upon the conclusion of the Agreement shall be supplied with all accessories, instructions, including on installation, by Railsware and customer assistance as described in this section. Moreover, Railsware declares to provide the Consumer with all the necessary updates to the Service necessary to keep the Service in conformity throughout the term of the Agreement.
Service shall be supplied in the most recent version available at the time of the acceptance of this Terms of Service. The Consumer bears ordinary costs for providing telecommunication services necessary for the provision of Service to the Consumer.
Railsware provides Service according to the prices available at 
The Consumer’s right to withdraw from the Terms of Service shall expire upon commencement of the provision of Service on the basis of Article 16 of the Directive 2011/83/EU of 25 October 2011. By accepting this Agreement, the Consumer declares that he/she is aware and unambiguously accepts that the Consumer does not have the right to withdraw from the contract for the provision of Service due to its nature, in particular, due to the fact, that gaining access to the Service, means the full performance of the Service by Railsware.
The provision of the Service may involve risks inherent in the activity on the Internet. The Consumer is aware of the risks of the Internet, in particular the possibility that passwords may be intercepted by third parties or that the Consumer’s devices may be infected with viruses, as well as the losses that may arise from such events. The Consumer is obliged to keep passwords and login data to the account secret. Upon request of the Consumer, Railsware shall send the Consumer current information about particular risks connected with using services provided electronically via email.
The Consumer is obligated to use the Service in accordance with the law and good practice, to respect the personal rights, copyrights, and intellectual property rights of Railsware and third parties. Railsware does not provide after-sales services or warranties
Consumers’ complaints
The Consumer may lodge the complaint regarding the provision of Service, with Railsware, via contact details for notices or other correspondence stated below. It is recommended that the Consumer provides in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular, the type and date of occurrence of the irregularity; (2) the demand of the Consumer; and (3) contact details of the Consumer – this will facilitate and accelerate the processing of the complaint by Railsware. The requirements specified in the preceding sentence have the form of recommendation only and do not influence the effectiveness of complaints lodged with the omission of the recommended description of the complaint by the Consumer.
Complaints that do not require additional information shall be considered within 14 business days of their receipt. Railsware shall inform the Consumer of the manner of their consideration through the means of communication used to initiate the use of the Service. In the event of the necessity to supplement the complaint, Railsware shall immediately, in any case not later than within 14 business days from the date of its lodging, notify the Consumer. In such a case the time limit referred shall be counted from the date of submitting the supplemented complaint. Detailed information about the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of consumer ombudsman, consumer rights protection organizations, and consumer protection offices competent for the seat of the Consumer.
Entire Agreement/General Provisions
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