Terms & Conditions | X-Card.pro

This Terms of Use Agreement ("Agreement"), in conjunction with our Company Privacy Policy (available at https://www.exond.net), establishes a legally binding agreement between you, whether as an individual or on behalf of an entity ("user" or "you"), and EXOND OÜ and its affiliated companies, websites, applications, and tools (collectively referred to as "Company," "we," "us," or "our"), governing your access to and use of the https://www.x-card.pro website(s) and any other related media forms, channels, mobile websites, or applications (collectively referred to as the "Sites"). The Sites offer services such as mobile and web applications ("Company Services"). Any additional terms and conditions or documents posted on the Sites from time to time are expressly incorporated into this Agreement by reference.

The Company does not guarantee that the Sites are appropriate or available in locations other than where operated by the Company. The information provided on the Sites is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate the law or regulations, or subject the Company to registration requirements within that jurisdiction or country. Therefore, individuals accessing the Sites from other locations do so at their own initiative and are solely responsible for complying with local laws, where applicable.

Minors (individuals under the age of 18) must have parental or guardian permission and supervision to use the Sites, as well as agree to this Agreement. If you are a minor, your parent or guardian must read and agree to this Agreement before you can use the Sites. Individuals under the age of 13 are not allowed to register for the Sites or use the Company Services.

By acknowledging your acceptance during the registration process (if applicable) and continuing to use the Sites, you accept and agree to be bound by this Agreement. If you do not agree to abide by this Agreement or any future modifications made by the Company, do not use, access, or continue to use or access the Company Services or the Sites.

Purchases; Payment

EXOND OÜ may offer free trials or samples of our products or services. The terms and duration of these offers will be clearly stated on our Sites. If you choose to utilize our free options, please carefully review the terms associated with them. For our paid options, you agree to pay EXOND OÜ all charges at the prices then in effect for the products or services you or others using your billing account may purchase. By using our paid options, you authorize EXOND OÜ to charge your chosen payment provider for any such purchases and agree to use the selected payment method for payment. If you subscribe to a product or service with recurring charges, you permit us to charge your payment method on a recurring basis, without requiring your prior approval for each recurring charge until you cancel the applicable product or service. The Company reserves the right to rectify any errors or mistakes in pricing, even after payment has been requested or received. Sales tax will be added to the sales price of purchases as required by law. The Company retains the right to change prices at any time, and all payments must be made in EUR - euro.

Refund and Return Policy

All sales made through EXOND OÜ are final, and no refunds will be issued.

User Representations

Regarding Your Registration:

By utilizing the EXOND OÜ Services, you confirm and guarantee that:

A. All registration information provided by you is truthful and accurate.

B. You will ensure the accuracy of this information.

C. You will maintain the confidentiality of your password and be responsible for all activities conducted using your password and account.

D. You are not a minor in your jurisdiction, or if you are a minor, you have obtained parental permission to use our Sites.

E. Your use of the Company Services complies with all applicable laws and regulations.

Additionally, you agree to: (a) furnish accurate and complete information about yourself as prompted by the Sites' registration form; and (b) promptly update this information to keep it accurate, current, and complete. If you provide false, inaccurate, outdated, or incomplete information, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to suspend or terminate your account and deny any current or future use of the Sites (or any part thereof).

We retain the right to remove, reclaim, or modify a username you select if we, in our discretion, deem it appropriate, especially if the username is obscene or objectionable or if a trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide:

You may be invited to engage in chats, participate in blogs, message boards, online forums, and other functionalities, and create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to our Sites ("Contributions"). Any Contributions you transmit to EXOND OÜ will be considered non-confidential and non-proprietary. By creating a Contribution, you affirm and warrant that:

A. The creation, distribution, transmission, display, and performance of your Contribution do not infringe on the proprietary rights of any third party.

B. You are the creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize EXOND OÜ and the Sites' users to use your Contributions as required to exercise the licenses granted under this Agreement.

C. You have the written consent, release, and/or permission of every identifiable individual in the Contribution to use their name or likeness, enabling its inclusion and use as contemplated by our Sites.

D. Your Contribution is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by EXOND OÜ It does not violate any applicable law, regulation, or rule and does not infringe on the privacy or publicity rights of any third party.

E. Your Contribution does not solicit personal information from anyone under 18, exploit minors in a sexual or violent manner, or violate any federal or state law regarding child pornography or the well-being of minors.

F. Your Contribution does not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.

G. Your Contribution does not violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Contribution License

By posting Contributions on the Sites or making them accessible via your social network accounts, you grant EXOND OÜ an unrestricted, irrevocable, non-exclusive, transferable, royalty-free, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, including commercial and advertising purposes. This license applies to any media format and channels, including the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, personal, and commercial images. The Company does not claim ownership over your Contributions, and you retain full ownership and all intellectual property rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and will always process your personal information lawfully and with your consent.

Editing and Moderation of Contributions:

The Company reserves the exclusive right, at our sole discretion, to (i) edit, redact, or alter any Contributions, (ii) re-categorize Contributions for more appropriate placement, or (iii) pre-screen or remove any Contributions that are deemed inappropriate or violate this Agreement.

License for Uploaded Contributions:

By uploading your Contributions to the Sites, you grant the Company permission to provide each end user with a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license. This license allows end users to access, download, print, and utilize your Contributions for internal purposes only, excluding distribution, transfer, sale, or any commercial exploitation.

Review Guidelines:

EXOND OÜ retains the right to accept, reject, or delete reviews at its sole discretion. The Company is not obligated to screen or remove reviews, even if considered objectionable or inaccurate. Reviewers are expected to adhere to the following criteria:

Firsthand Experience: Reviewers must have direct experience with the person or entity being reviewed.

Content Restrictions: Reviews must not contain offensive, profane, abusive, racist, or hate language. Discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability, as well as references to illegal activities, are prohibited.

No Affiliation with Competitors: Reviewers posting negative reviews should not be affiliated with competitors.

Legal Conclusions: Reviewers should not draw legal conclusions.

False Statements and Campaigns: False statements are prohibited, and reviewers must not organize campaigns encouraging others to post reviews, whether positive or negative.

Reviews do not represent the views of EXOND OÜ its affiliates, or partners. EXOND OÜ assumes no liability for reviews or any claims arising from them. By posting a review, the reviewer grants EXOND OÜ a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, modify, translate, transmit, display, perform, and distribute the review content.

Mobile Application License:

If you access EXOND OÜ Services via a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you. You may access and use the application strictly in accordance with the terms and conditions of this license.

You shall not:

(a) Decompile or Reverse Engineer: Attempt to decompile, reverse engineer, disassemble, or derive the source code of the application.

(b) Modification: Make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the application.

(d) Proprietary Notice: Remove, alter, or obscure any proprietary notices.

(e) Commercial Use: Use the application for revenue-generating activities or commercial purposes not intended by its design.

(f) Network Use: Make the application available over a network for multiple devices or users simultaneously.

(g) Competitive Use: Utilize the application for creating a product or service competitive with it.

(h) Automated Queries: Use the application for sending automated queries or unsolicited commercial emails.

(i) Intellectual Property: Utilize proprietary information or interfaces of EXOND OÜ in the design, development, manufacture, or distribution of applications, accessories, or devices for use with the application.

Terms Applicable to Apple and Android Devices:

When you use a mobile application acquired from the Apple Store or Google Play to access EXOND OÜ Services, please note the following terms. You acknowledge that this Agreement pertains exclusively to you and EXOND OÜ, not Apple Inc. or Google, Inc. (each an "App Distributor"). EXOND OÜ, not an App Distributor, is solely responsible for the EXOND OÜ application and its content. The terms include:

License Scope: You are granted a non-transferable license to use the EXOND OÜ application on a device employing the Apple iOS or Android operating system, in accordance with the relevant App Distributor's usage rules.

Maintenance and Support: EXOND OÜ is solely responsible for providing maintenance and support services for the application, as stipulated in this Agreement or mandated by applicable law. App Distributors are not obliged to provide any such services.

Warranty: EXOND OÜ is solely responsible for any product warranties, whether express or implied by law. If the application fails to meet any warranty, you may contact an App Distributor for a refund, if applicable, and the App Distributor will have no further warranty obligations.

Product Claims: EXOND OÜ handles claims related to the application, including product liability, legal or regulatory requirements, and consumer protection legislation.

Intellectual Property Rights: EXOND OÜ addresses claims of intellectual property infringement regarding the application. App Distributors are not responsible for investigating or defending such claims.

Legal Compliance: You confirm that you are not located in a U.S. government embargoed country and are not listed on any U.S. government prohibited or restricted parties list.

Third Party Terms: You must comply with applicable third-party agreements, such as wireless data service agreements when using the EXOND OÜ application, ensuring no violations occur.

Third Party Beneficiary: App Distributors and their subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce its terms against you upon your acceptance.

Submissions:

Any Submissions (questions, comments, suggestions, etc.) you provide to EXOND OÜ are non-confidential. EXOND OÜ and its designees can freely use and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited Activities:

When using the Sites, you agree not to engage in:

A. Bypassing measures designed to restrict access.

B. Impersonating another user.

C. Criminal or tortious activity.

D. Reverse engineering or decrypting the software.

E. Removing copyright notices from Sites' content.

F. Using automated tools, except standard search engines.

G. Interfering with the Sites' functionality.

H. Making unauthorized use of the Company Services.

I. Harassing, intimidating, or threatening Company employees or agents.

J. Tricking, defrauding, or misleading Company or other users.

K. Using obtained information to harass or harm others.

L. Retrieving data systematically without written permission.

M. Using the Sites to compete with Company.

N. Violating applicable laws and regulations.

Intellectual Property Rights:

EXOND OÜ Content and Marks on the Sites are owned or licensed by EXOND OÜ and are subject to intellectual property rights. Unauthorized use of EXOND OÜ trademarks, designs, or content is prohibited without prior written permission.

EXOND OÜ Content Usage:

Content provided by EXOND OÜ on the Sites is offered "AS IS" for your personal information and use. It is strictly intended for personal, non-commercial purposes. You are granted a limited license to access, download, or print portions of the EXOND OÜ Content only for personal use, provided you are eligible to use the Sites. Any other use, including copying, reproduction, distribution, or commercial exploitation, requires prior written consent from the respective owners. EXOND OÜ reserves all rights not expressly granted in this Agreement for the Sites, EXOND OÜ Content, and Marks.

Third Party Websites and Content:

The Sites may contain links to Third Party Websites and Third Party Content originating from third parties. These are not investigated, monitored, or checked for accuracy or appropriateness by us. EXOND OÜ is not responsible for any Third Party Websites accessed through the Sites or any Third Party Content posted on the Sites. Inclusion of Third Party Websites or Content does not imply our approval or endorsement. Use of such sites or content is at your own risk, and their terms and policies, not ours, apply.

Site Management:

EXOND OÜ reserves the right, but is not obligated, to:

A. Monitor the Sites for violations of this Agreement.

B. Take legal action against violators at its sole discretion, including reporting users to law enforcement authorities.

C. Refuse, restrict access to, or disable any user's contribution violating this Agreement or any EXOND OÜ policy.

D. Remove excessive or burdensome files and content.

E. Manage the Sites to protect EXOND OÜ's rights, property, and proper functionality.

Digital Millennium Copyright Act (DMCA) Notice and Policy:

If you believe that content on our Sites infringes your copyrights, please notify our Designated Copyright Agent. Include your contact information, a description of the copyrighted work, the infringing material, a statement of good faith belief, and your authorization to act. We will notify the alleged infringer and provide information for a Counter Notification procedure. Please note that false claims can lead to legal consequences.

Notifications should be sent to:

Designated Copyright Agent

EXOND OÜ (“Company”)

Email: support@x-card.pro

Phone:

Counter Notification:

If you believe your copyrighted material was mistakenly removed from our Sites and/or service, you can submit a written counter notification ("Counter Notification") to our Designated Copyright Agent under DMCA 17 U.S.C. § 512(g)(2) and (3). To be valid, your Counter Notification must contain the following:

A. Identification of the removed or disabled material and its previous location on the Sites.

B. Consent to the jurisdiction of the Federal District Court where you reside, or our Company’s location if you reside outside the United States.

C. Agreement to accept service of process from the party filing the original Notification or their agent.

D. Your name, address, and telephone number.

E. A statement, under penalty of perjury, affirming your good faith belief that the material was removed or disabled due to mistake or misidentification.

F. Your physical or electronic signature.

You can send your Counter Notification via fax, mail, or email to our Designated Copyright Agent using the contact details provided.

Upon receiving a valid Counter Notification meeting the criteria, we will reinstate your material within ten (10) to fourteen (14) business days, unless we are informed of a legal action filed against you related to the content in question. Submitting a false Counter Notification constitutes perjury and may result in legal consequences.

Term and Termination:

This Agreement remains in effect while you use the Sites. You can terminate your use at any time by following the account termination instructions or contacting us using the provided contact details.

COMPANY RESERVES THE RIGHT, WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SITES AND COMPANY SERVICES TO ANY PERSON FOR ANY REASON. WE MAY TERMINATE YOUR PARTICIPATION, DELETE YOUR PROFILE, AND REMOVE POSTED CONTENT WITHOUT WARNING, AT OUR SOLE DISCRETION.

To safeguard the Sites and Company Services, we may block specific IP addresses from accessing them. Provisions necessary to fulfill the Agreement's purposes survive termination.

CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN THREE BUSINESS DAYS. THIS APPLIES TO RESIDENTS OF SUCH STATES. TO CANCEL, CONTACT OUR CUSTOMER CARE REPRESENTATIVE DURING BUSINESS HOURS USING THE PROVIDED CONTACT DETAILS OR THROUGH YOUR ACCOUNT SETTINGS.

If your account is terminated or suspended, you cannot create a new account under your name or a third party's name. Company may take legal action, including civil, criminal, and injunctive measures, against violators.

Modifications to Agreement:

The Company may occasionally modify this Agreement. All changes will be posted on the Sites, and the revisions will be dated. By using the Company Services after any modification becomes effective, you agree to be bound by the updated Agreement. The Company may also alert users about modifications via email. It is your responsibility to regularly review this Agreement and keep your contact information current to stay informed of changes. Modifications are effective upon posting.

Modifications to Services:

The Company reserves the right to modify or discontinue the Company Services, wholly or partially, with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Company Services.

Disputes:

Between Users: The Company is not obligated to mediate disputes between users or between users and third parties. You release the Company and its officers, employees, and agents from claims related to such disputes and/or the Company Services.

With Company:

Governing Law; Jurisdiction: This Agreement, the Sites, and Company Services are governed by the laws of the Estonia / EU. Disputes not subject to informal resolution or arbitration shall be resolved in state and federal courts in Tallinn/ Estonia.

Informal Resolution: Parties agree to attempt informal negotiation for at least 30 days before initiating arbitration or court proceedings.

Binding Arbitration: If informal negotiations fail, disputes (except those expressly excluded) will be resolved through binding arbitration under AAA rules. Arbitration fees will be governed by AAA Consumer Rules. Arbitration may occur in person, by phone, or online.

Restrictions: No class-action or representative proceedings are allowed in arbitration.

Corrections:

The Company reserves the right to correct errors, inaccuracies, or omissions on the Sites, including service descriptions, pricing, and availability, without prior notice.

Disclaimers:

The Company does not endorse or guarantee the accuracy of content on the Sites, including third-party content. You use the Sites and Company Services at your own risk. The Company disclaims all warranties, express or implied, regarding the Sites and Company Services.

Limitations of Liability:

The Company, its directors, employees, or agents are not liable for any indirect, incidental, or punitive damages arising from your use of the Sites or Company Services. The Company's liability is limited to the amount paid for the Company Services in the three months prior to the cause of action.

Indemnity:

You agree to defend and indemnify the Company and its subsidiaries against third-party claims arising from your contributed content, use of Company Services, or breach of this Agreement.

Notices:

Notices to the Company should be sent via email to the provided address. Notices to you will be sent to the email address in your account settings or another specified address.

User Data:

While the Company performs backups, you are responsible for your data. The Company is not liable for any loss or corruption of transferred data.

Electronic Contracting:

Your electronic submissions constitute your intent to be bound by agreements and transactions related to Company Services. You are responsible for the necessary hardware and software to access and retain electronic records.

Miscellaneous:

This Agreement constitutes the entire agreement between you and the Company. If any provision is deemed unlawful or unenforceable, it will not affect the validity and enforceability of other provisions. The lack of enforcement of any provision does not waive the right to enforce it later. You agree that this Agreement is not construed against the Company due to drafting. By agreeing electronically, you waive defenses based on the electronic form of this Agreement and lack of physical signatures. The Company's contact details are provided for dispute resolution and inquiries.

To address complaints or obtain further information about Company Services, contact the Company using the provided details. For unresolved complaints contact the Complaint Assistance Unit of the Department of Consumer Affairs in writing.