European Economic Area
Created October 2018
Welcome to X-Profit’s online representation (“representation”, “venue”, “web-site”) operated by X-Profit LLC (“X-Profit,” “We,” “Us,” “Our”), located at 4, Prilep st., Varna, 9010, Republic of Bulgaria, that allow you to browse, view, acquire, purchase, and rate and review X-Profit Product (“The Product”). These Terms and Conditions (“Terms”) are fully covering the use of X-Profit Product.
By using the web-site or by acquiring Product from us, you accept and agree to these Terms, X-Profit's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the venue or referenced in these Terms and Conditions (collectively the "X-Profit Policies", “Our Policies”). We encourage you to read these Policies carefully. YOU MAY NOT USE THE WEB-SITE IF YOU DO NOT AGREE TO OUR POLICIES. X-Profit reserves the right to update or amend any policies without notice at any time.
Terms Relating to Your Use of the web-site
1. Member Account. To acquire or purchase the Product we require you to open an account. You must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. Your use of the account to access the web-site and the Product you have acquired from us is subject to all the terms governing the X-Profit account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.
2. No Unlawful or Prohibited Use. As a condition of your use of the web-site and Product, you warrant to us that you will not use the web-site for any purpose that is unlawful or prohibited by these Terms and Conditions and Our Policies, or any other terms that apply to your use of the web-site. You may not attempt to gain unauthorized access to the web-site, other accounts, computer systems or networks connected to X-Profit online representation, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the web-site. You may not use the web-site in a way that infringes rights of third parties, including willfully harming a person or entity, including X-Profit. You may not commercially distribute, publish, license, or sell Product without special permission from X-Profit or out of framework of X-Profit’s special distribution programs and activities.
3. Materials You Provide to X-Profit or post in the web-site. X-Profit does not claim ownership of the materials you provide to X-Profit (including feedback, ratings, and suggestions) or post, upload, input or submit to us for review by others (each a "Submission" and collectively "Submissions"). However, you grant X-Profit the right to use, modify, adapt, reproduce, distribute, and display your Submission (for example, for promotional purposes), including your name, worldwide. If you publish your Submission in areas of the web-site where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the web-site. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to X-Profit, on a worldwide basis and for the duration of these rights.
No compensation will be paid with respect to the use of your Submission. X-Profit is under no obligation to post or use any Submission and X-Profit may remove any Submission at any time in its sole discretion. X-Profit is not responsible for your Submissions or the material others post, upload, input or submit using the web-site.
4. Links to Third-Party Websites. Web-site may include links to third-party websites that let you leave the Store. These linked sites are not under the control of X-Profit and X-Profit is not responsible for the contents of any linked site or any link contained in a linked site. X-Profit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by X-Profit of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Product to You
5. Geographic Availability. Product availability may vary depending on your region or device. In addition, there may be limits on where we provide our digital content.
6. End Users and Resellers. You must be an end user to purchase Product from us. Resellers are eligible to purchase Product within a framework of X-Profit’s special distribution programs and activities.
7. Export Limitations. Product acquired from X-Profit may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. Billing. By providing X-Profit with a payment method, you: (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (b) authorize X-Profit to charge you for purchased Product using your payment method. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscriptions. Also, we will notify you in advance of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See Section the Automatic Renewal Selection below.
If you are taking part in a trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
9. Recurring Payments. When you purchase the Product on a subscription basis (monthly, annually, or otherwise (if applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to X-Profit by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by X-Profit. By authorizing recurring payments, you are authorizing X-Profit to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, X-Profit reserves the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
10. Availability and Order Limits. Prices and availability of previous versions of the Product in the web-site are subject to change at any time and without notice. X-Profit may place a limit on the quantities that may be purchased per order, per account, per credit card or per person. If the version of the Product that you order are, or become following your order, unavailable, we may contact you to offer you the latest version of the Product. If you choose not to purchase the alternative offered, we will cancel your order.
X-Profit may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered Product is not available, or in the event of an obvious pricing error or other errors. In the event of such pricing or other errors, we reserve the right to either (a) cancel your order or purchase or (b) contact you with alternative options. In the event of cancellation, your access to any associated content will be disabled.
Availability of the Product can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download the Product that you had previously purchased. In such an event, you may need to re-purchase the Product that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of the Product.
11. Product License and Use Rights. Product license purchased from X-Profit is subject to the license agreement that accompanies the Product, and you will be required to agree to the license agreement when you install the software. Any reproduction or redistribution of the Product not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
12. Codes for Software Download. The Product is delivered to you by making a download link available in your X-Profit account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your X-Profit account for 3 years following the purchase date, but do not promise to store them for any particular length of time. You agree that we may cancel, modify or stop supporting our digital key storage program at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related X-Profit account.
13. Pricing. The prices, Product selection and promotions offered may be different depending on your country or region. X-Profit does not guarantee that a price or promotion offered in one country or region will also be available or honored at a different country or region. X-Profit does not have a price match guarantee. We will not match the advertised price other resellers offer for the same X-Profit Product. We may offer an option to pre-order the Product before its availability date.
Unless stated otherwise, prices shown in the Store include taxes or charges (“Taxes”) that may apply to your purchase.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
14. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province, or state, you may choose for the Product to automatically renew at the end of a fixed service period. We will remind you by email before the Product renews for a new term. Once we have reminded you that you elected to automatically renew the Product, we may automatically renew the Product at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the Product as described below. We will also remind you that we will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Product. You must cancel before the renewal date to avoid being billed for the renewal.
15. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
16. Customer Service. For contact details for customer support inquiries, please see the Support page in the web-site. If you live in Europe and are unable to resolve your issue through our customer support channels, you have the option to refer the issue to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. X-Profit contact email to include as part of your submission is firstname.lastname@example.org. Please note that this email address is only intended for use with the EU’s ODR platform and is not a point of contact for general support or questions.
17. Changing Terms. X-Profit may change the Terms at any time and without notice to you. The Terms in force at the time you place your order (or, for trial version of the Product, at the time you attempt to install it) will govern your acquisition transaction and serve as the transaction contract between us. Before your next transaction, X-Profit may have changed the Terms without notice to you. Please review the Terms each time you visit our web-site. We recommend that you save or print a copy of the Terms for future reference.
18. Authorized Use and Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms and Conditions. Age limits may apply to your use of the web-site, including purchases.
19. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the web-site. Please read the X-Profit Privacy Statement as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how X-Profit uses your communications; postings or feedback submitted by you to X-Profit via the web-site.
20. Errors in Presentation. We work hard to publish information accurately, update the web-site regularly, and correct errors when discovered. However, any of the content in the web-site may be incorrect or out of date at any given time. We reserve the right to make changes to the web-site at any time, including to Product prices, specifications, offers and availability.
21. Termination of Use or Access. X-Profit may terminate your account at any time for any legitimate reason, including, without limitation, if you are in breach of these Terms or the X-Profit Policies, or if the web-site is no longer operated by X-Profit. By using the web-site, you agree to be responsible (in accordance with these Terms) for any orders you make or charges you incur prior to such termination. X-Profit may change, discontinue, or otherwise suspend the web-site at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Product, or otherwise disrupts your order, please contact our Support.
22. Product Warranties. X-Profit AND ITS DISTRIBUTORS AND RESELLERS MAKE NO ADDITIONAL WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT UNDER THESE TERMS. X-Profit DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE WEB-SITE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. X-Profit DOES NOT WARRANT THAT ACCESS TO THE WEB-SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WILL NOT OCCUR.
23. Limitation of Liability. Nothing in this limitation of liability shall exclude or limit any mandatory consumer protections that are available to you in your territory or any other liability which cannot be excluded by law. The same shall apply to liability of X-Profit and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death.
a. X-Profit and/or its legal representatives shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless X-Profit and/or its legal representative have at least acted with negligence or willful misconduct.
b. X-Profit shall not be liable for your Submissions, content, or material, or activities provided by users. Such content and activities are neither attributable to X-Profit nor do they represent X-Profit’s opinion.
c. X-Profit is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond X-Profit’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). X-Profit will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.
24. Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms.
25. Choice of Law and Place to Resolve Disputes. The laws of the country where you have your habitual residence govern all claims relating to cost-free acquisitions and paid purchases of product from us. With respect to jurisdiction, you and X-Profit agree to choose the courts of the country where you have your habitual residence for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the Arbitration Institute of the Stockholm Chamber of Commerce, Sweden.
a. Notices and procedure for making claims of intellectual property infringement. X-Profit respects and defends the intellectual property rights. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement [LINK]. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. X-Profit may also disable or terminate accounts of users of X-Profit web-site who may be repeat infringers.
b. Copyright and Trademark Notices. All contents of the web-site are Copyright ©2009-2022 of X-Profit Global EOOD (4, Prilep st., Varna, 9010, Republic of Bulgaria). All rights reserved. We own the title, copyright, and other intellectual property rights in the web-site and content. X-Profit and the names, logos, and icons of X-Profit Product may be either trademarks or registered trademarks of X-Profit in the European Union, United States, Canada and/or other countries. Any rights not expressly granted in these Terms are reserved.