Before using Our Service, kindly note these terms and conditions totally.
Interpretation and Definitions
Interpretation
The terms in uppercase letters within this document have defined meanings that remain consistent whether employed in singular or plural form.
Definitions
Within the framework of this Disclaimer:
Application: The software named EasyFit provided by the Company and downloaded on electronic devices.
Application Store: The digital distribution service operated by Apple Inc.
Affiliate: An entity that shares common control with the Company.
Company: Refers to Xleum Software Limited
Device: Any device (such as a digital tablet or cellphone) that can access the Service.
Free Trial: When purchasing a subscription, there is a little time available for free use.
In-app Purchase: Purchasing goods, services, subscriptions, or other stuff through an application is known.
Service: Alludes to the Program.
Subscriptions: The Company offers access or services on a subscription basis.
Terms and Conditions (Terms): The whole agreement between You and the Company for the use of the Service is included.
Third-party Social Media Service: Services or material offered by a third party via the Service are referred to it.
You: The person or organization utilizing or accessing the service.
Acknowledgment
These Terms and Conditions establish the understanding between You and the Company concerning the utilization of the Service.
To engage with and utilize the Service, it is essential to acknowledge and adhere to these terms.
They are applicable to all users, and by accessing the Service, you commit to being bound by these terms. In case of disagreement with any part, please refrain from accessing the Service.
It is a prerequisite to affirm that you are 18 years or older, as the Company prohibits individuals under 18 from using the Service.
Additionally, compliance with the Company's Privacy Policy is mandatory for Service usage, delineating the procedures for the collection, utilization, and disclosure of personal information. It is advised to review the Privacy Policy before utilizing the Service.
Subscriptions
Subscription Period:
To access the Service or specific features, a paid Subscription is required. Charges will occur in advance on a recurring basis (daily, weekly, monthly, or annually) based on your selected Subscription plan. Your Subscription will automatically renew unless canceled by You or the Company at the end of each period.
Subscription Cancellations:
Cancellation of Subscription renewal can be done through your Account settings or by contacting the Company. No refunds will be issued for fees already paid in the current Subscription period. Access to the Service continues until the end of the current Subscription period. If the Subscription was initiated through an In-app Purchase, renewal can be canceled with the Application Store.
Billing:
In instances of automatic billing failure, the Company will issue an electronic invoice, necessitating manual payment by a specified deadline for the full billing period. In cases of In-app Purchases, billing is managed by the Application Store, subject to its terms and conditions.
Fee Changes:
The Company retains the right to adjust Subscription fees at its discretion, with changes becoming effective at the end of the current Subscription period. Notice of fee changes will be provided, allowing You to terminate Your Subscription before the changes take effect. Continued use of the Service post-fee change implies agreement to the updated Subscription fee.
Refunds:
Paid Subscription fees are generally non-refundable, unless required by law. Refund requests for Subscriptions are considered on a case-by-case basis, subject to the Company's discretion. If the Subscription was initiated through an In-app purchase, the refund policy of the Application Store applies, and refund requests should be directed to the Application Store.
Free Trial:
The Company may, at its discretion, offer a Subscription with a Free Trial for a limited time. To enroll in the Free Trial, you may need to provide billing information. If billing details are provided, no charges will occur until the Free Trial concludes. If not canceled, relevant Subscription fees will be automatically charged on the last day of the Free Trial. The Company reserves the right to modify or cancel the Free Trial offer at any time without notice.
In-app Purchases
The Application may provide the option for In-app Purchases, enabling the acquisition of products, services, or Subscriptions.
Information on managing these purchases through your Device is available in the terms of the Application Store or your Device's Help settings.
In-app Purchases are confined to use within the Application and are non-cancelable once downloaded. They are neither redeemable for cash nor transferable.
In the event of a defective or failed In-app Purchase download, we will conduct an inquiry upon notification, determining whether a replacement or patch will be provided at no additional cost. If immediate replacement or repair is not feasible, we authorize the Application Store to refund an amount equivalent to the In-app Purchase cost. For refund requests, direct contact with the Application Store is recommended, as billing procedures are governed by its terms.
Your acknowledgment and acceptance of these processes, including billing, are duly noted, with all associated concerns directed to the Application Store.
For any payment-related issues regarding In-app Purchases, please reach out to the Application Store directly.
Intellectual Property
The Service, along with its original content, features, and functionality (excluding User-provided content), is and will remain the exclusive property of the Company and its licensors.
It is protected by copyright, trademark, and other laws of both the country and foreign countries.
Use of our trademarks and trade dress requires the prior written consent of the Company and is prohibited in connection with any product or service without such consent.
Links to Other Websites
The Service, including its original content, features, and functionality (excluding content provided by users), is and will continue to be the sole property of the Company and its licensors.
It is safeguarded by copyright, trademark, and other applicable laws in both domestic and foreign jurisdictions.
The utilization of our trademarks and trade dress necessitates explicit written consent from the Company and is strictly prohibited in association with any product or service without such consent.
Termination
We retain the right to promptly suspend or terminate Your access to the Service, with no prior notice or liability, for any reason, including a breach of these Terms and Conditions.
Upon termination, Your ability to use the Service will cease immediately.
Limitation of Liability
To the broadest extent permissible under applicable law, the Company and its suppliers disclaim liability for any special, incidental, indirect, or consequential damages whatsoever. This encompasses damages such as loss of profits, data, or other information, business interruption, personal injury, or loss of privacy, whether arising from the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or in connection with any provision of these Terms. This disclaimer holds true even if the Company or any supplier has been informed of the potential for such damages and even if the remedy falls short of its essential purpose.
It's worth noting that certain states may not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Hence, these limitations may not be applicable to You. In such instances, each party's liability will be confined to the maximum extent allowed by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, without any form of warranty. The Company, its Affiliates, and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, to the maximum extent permitted by applicable law. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as those that may arise from the course of dealing, course of performance, usage, or trade practice.
The Company does not guarantee or warrant that the Service will meet your requirements, achieve intended results, be compatible with other software, operate without interruption, meet performance or reliability standards, or be error-free. Moreover, there is no representation or warranty regarding the operation or availability of the Service, the accuracy, reliability, or currency of information or content, or the absence of viruses or harmful components.
Certain jurisdictions may not permit specific warranty exclusions or limitations on consumer rights, so the aforementioned exclusions and limitations may not fully apply. In such instances, they will be enforced to the maximum extent permissible under applicable law.
Governing Law
The terms and your use of the service will be governed by the laws of the country, without regard to its conflicts of law principles. Additionally, your use of the application may also be subject to further local, state, national, or international laws.
Disputes Resolution
If you have any concerns or disputes regarding the Service, you must seek to informally resolve them primarily by contacting the Company.
For European Union (EU) Users
If you are a consumer based in the European Union, you will benefit from the legal protections provided by your country of residence.
United States Federal Government End Use Provisions
If you are a British government end user, please note that our Service is classified as a "Commercial Item" according to the regulations stated in the 48 C.F.R. §2.101.
United States Legal Compliance
You affirm and warrant that you are not located in a country currently sanctioned by the United States government or designated as a supporter of terrorism by the United States government, and that you are not listed on any United States government roster of prohibited or restricted entities.
Severability and Waiver
Severability
If any aspect of these Terms is deemed unenforceable or invalid, the provision will be amended and interpreted to fulfil the aim of the provision to the greatest extent permitted by applicable law. All other provisions will remain fully valid and enforceable.
Waiver
Unless explicitly stated in these Terms, the failure to enforce a right or insist on the performance of an obligation under these Terms will not impede a party's ability to exercise that right or demand performance at any subsequent time. Furthermore, waiving a breach does not indicate a waiver of any subsequent breaches.
Translation Interpretation
If a dispute arises, you agree that the original English text of these Terms and Conditions will prevail, even if translations are provided and made accessible to you on our Service.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In the case of significant revisions, we will make reasonable efforts to provide you with a minimum of 30 days' notice before the new terms become effective. The determination of what constitutes a material change will be made solely at our discretion.
By continuing to use or access our Service after the revised terms take effect, you agree to be bound by the updated terms. If you do not agree to the new terms, whether in part or in full, please refrain from using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, please feel free to contact us:
By email: feedback@xleumsoftware.com
By visiting this page on our website: www.xleumsoftware.com