Please read these terms and conditions Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any services. These terms and conditions are considered a contract by iXDev, acceptance is expressly limited to these terms. The Services is available only to registered businesses.
1. Access to your iXDev Account
Subject to the terms and conditions of this Agreement, the Service is solely for the User’s personal use. As used herein, “User” includes iXDev’s paying customers (“Customers”). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the iXDev’s terms/conditions shall be applied.
iXDev online services are available 99.999% except for the planned maintenance period, iXDev may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. iXDev may also impose limits on certain features and services or restrict the User’s access to parts or all of the Services, iXDev will notify Customers with affected services at least 30 days before the action takes effect.
User certifies to iXDev that if User is an individual (i.e., not a corporation) User is at least 16 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such location.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long-distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. iXDev reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any iXDev server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or iXDev’s systems or networks, or any systems or networks connected to the Service or to iXDev Systems.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
3. Fees and Payment and Refund
Paid services are available on the iXDev’s Website. By selecting the cloud service you agree to pay iXDev the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a cloud service and will cover the use of that service for the selected period (monthly or annual) as selected in the order by you. Our services prices may increase annually so please check the subscription prices regularly.
3.1. Refund Policy
Due to the nature of our business and products/services we sell (Cloud Application Subscription), services that expire sooner than 1 month are not eligible for a refund, this means that monthly subscriptions are not eligible for a refund.
Annual Subscription is eligible for a refund, only for the unused periods which should be more than 1 month, to be eligible for the refund you should have a remaining period of at least 1 Month or more in your subscription, meanwhile, you understand that you will lose any discounts that had been applied on your subscription based on the annual subscription model and the fees/subscription will be recalculated based on monthly value, to be eligible for a refund you have to inform our billing and support team with your cancellation request before the end of the billing period (1 Month). You understand that if you cancel your subscription all your application data will be wiped for your security, so please take a backup of your application data before sending your cancellation request.
If you faced any problems using our online cloud services or software, please contact us right away and we will be happy to support you.
If anything is unclear or you have more questions feel free to contact our team using our contact us form.
4. Registration & Security
As a condition to using iXDev Services, the User may be required to subscribe with iXDev. The user shall provide iXDev with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the User’s account. iXDev reserves the right to refuse registration of, or cancel a User at its discretion. The User shall be responsible for maintaining the confidentiality of the User’s password and other account information.
iXDev may terminate your access to all or any part of the Services at any time, because of the violation of any term of this agreement or any other illegal or suspicious activity, effective immediately.
If you wish to terminate this Agreement or your iXDev service account, you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by iXDev if you materially breach this Agreement and fail to cure such breach within thirty (30) days of iXDev’s notice to you thereof.
iXDev can terminate the Service in its expiry date, and does not accept to renew the service as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We will keep your database backup for thirty (30) days after service expiration, during this period you can reactivate your service again, if the service left not activated for the above mentioned period the database will be wiped permanently.
User agrees that all content and materials (collectively, “Content”) published or delivered via the Service or otherwise made available by iXDev at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. iXDev does not support the distribution of pornographic content or any other illegal content. Except as expressly authorized by iXDev in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
iXDev reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the iXDev’s Services following the posting of any changes to this Agreement constitutes acceptance of those changes. iXDev may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If User is a Customer, iXDev makes the following warranty to Customer: iXDev shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer’s sole remedy, and iXDev’s exclusive liability, for defects in the Service, shall be for iXDev to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: (i) with respect to all information it provides to iXDev (such as Recipient Information), Customer has the full right and authority to make such provision and to allow iXDev to use such information to provide the Service (including, without limitation, for iXDev to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.
9. Warranty Disclaimer
The Services are provided “as is”. iXDev and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iXDev nor its suppliers and licensors make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you obtain services
(the Services) at your own discretion and risk.
In no event will iXDev, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to iXDev under this agreement during the twelve (12) month period prior to the cause of action. iXDev shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
All content included on the Site or Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iXDev or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of iXDev and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of iXDev or its software suppliers and protected by United Kingdom and international copyright laws.
You agree to indemnify and hold harmless iXDev, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to out of your violation this Agreement.
15. Changes to these terms and conditions
iXDev reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.