Terms & Conditions
1. Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Aleksandr Beshkenadze ("BSHK"), governing your access to and use of Tish, including any updates, documentation, and related services (collectively, the "Software"). By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Software.
2. License Grant
Subject to your compliance with these Terms and payment of applicable fees, Aleksandr Beshkenadze ("BSHK") grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Tish solely for your personal or internal business purposes.
You may not:
- Copy, modify, distribute, sell, lease, sublicense, or otherwise transfer the Software or any rights therein;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
- Use the Software to develop a competing product or service;
- Use the Software in any manner that violates applicable laws or regulations.
3. Intellectual Property
The Software, including all source code, object code, algorithms, user interface designs, documentation, trademarks, and trade secrets, is and remains the exclusive property of Aleksandr Beshkenadze ("BSHK"). These Terms do not convey any ownership interest in or to the Software. All rights not expressly granted herein are reserved.
4. Payment and Licensing
Access to Tish or certain features may require a paid license. All fees are non-refundable except as required by applicable consumer protection law. Licenses are granted per major version unless otherwise stated. Aleksandr Beshkenadze ("BSHK") reserves the right to change pricing for future versions or subscription periods.
5. Acceptable Use
You agree to use Tish only for lawful purposes and in compliance with all applicable laws. You shall not:
- Use the Software to process content you do not have the right to use;
- Attempt to gain unauthorized access to the Software, its servers, or related systems;
- Interfere with or disrupt the integrity or performance of the Software;
- Use the Software for any fraudulent, abusive, or illegal activity;
- Circumvent, disable, or interfere with any license verification, activation, or copy-protection mechanisms.
6. User Content
You retain all rights to content you process through Tish. Aleksandr Beshkenadze ("BSHK") does not claim ownership of your content. You are solely responsible for the legality, accuracy, and appropriateness of all content you process. Aleksandr Beshkenadze ("BSHK") has no obligation to monitor, review, or store your content.
7. Updates and Availability
Aleksandr Beshkenadze ("BSHK") may, at its sole discretion, release updates, patches, or new versions of the Software. Some updates may be required for continued use. Aleksandr Beshkenadze ("BSHK") does not guarantee that the Software will be available at all times, on all platforms, or free from interruptions, errors, or security vulnerabilities. The Software may be discontinued at any time without prior notice.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION.
Aleksandr Beshkenadze ("BSHK") does not warrant that the Software will meet your requirements, operate without interruption, be error-free, or that defects will be corrected. You assume the entire risk as to the quality and performance of the Software. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above limitations may not apply to you.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALEKSANDR BESHKENADZE ("BSHK"), ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF ALEKSANDR BESHKENADZE ("BSHK") ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR THIRTY EUROS (€30), WHICHEVER IS GREATER.
These limitations apply regardless of the legal theory upon which a claim is based, whether in contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions do not allow limitations on incidental or consequential damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Aleksandr Beshkenadze ("BSHK") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) content you process through the Software.
11. Termination
Aleksandr Beshkenadze ("BSHK") may terminate or suspend your license at any time, with or without cause, with or without notice. Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession. Sections 3, 8, 9, 10, 12, and 13 survive termination.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Finland, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Software shall be resolved exclusively in the courts of Helsinki, Finland. You irrevocably consent to the jurisdiction of such courts.
13. General Provisions
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Aleksandr Beshkenadze ("BSHK") regarding the Software, superseding all prior agreements.
Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment. You may not assign these Terms without prior written consent. Aleksandr Beshkenadze ("BSHK") may assign these Terms freely.
14. Privacy
Personal information handling is described in our Privacy Policy, which is incorporated into these Terms by reference.
15. Contact
For legal questions, contact [email protected].
16. Changes to These Terms
Aleksandr Beshkenadze ("BSHK") reserves the right to modify these Terms at any time. Updated versions will be posted at this URL with a new effective date. Your continued use of the Software after changes are posted constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.