WEBXTOOL TERMS OF SERVICE
These are the terms and conditions of service for use web tools of task management and SEO solutions between WebXTool, called CONTRACTED and You (either an individual or legal entity, represented as employee or authorized representative), called SUBSCRIBER.
Please read it carefully. BY CLICKING "I ACCEPT", COMPLETING THE REGISTRATION PROCESS AND / OR USING THE SERVICE, THE SUBSCRIBER IS STATING THAT HE/SHE IS CAPABLE OF OWNING AN ACCOUNT AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE ("CONTRACT"). The service is offered to the SUBSCRIBER conditioned on its acceptance without modification of these terms, conditions and notices contained herein.
OBJECT
The object of this contract is to provide access to tools available on the website webxtool.com designed to perform task management for SEO solutions.
TAXES E SERVICES
Plans and pricing are available at WebXTool's website, at the following URL: http://webxtool.com/en/plans.
USERS UNDER 13 YEARS OLD
The SUBSCRIBER shall be at least 13 years old and must provide proper identification documents in the registration process. If WebXTool identifies that a user is not at the minimum age of 13 years old, it shall take the necessary steps to immediately delete the account.
MEMBER ACCOUNT, PASSWORD AND SECURITY
In order to register for the service, the SUBSCRIBER must complete the registration process by providing WebXTool with updated, complete and correct information requested on the registration form, including e-mail address and username.
The SUBSCRIBER will protect its password and will assume full responsibility of their account usage, either by itself or by third parties. The SUBSCRIBER is solely responsible for any and all activities that occur under its account. The SUBSCRIBER agrees to notify WebXTool immediately upon learning of any unauthorized use of its account or any other breach of security. Only the email registered by the SUBSCRIBER will receive the account password for account management and their possible substitutions and changes, being the sole responsibility of the SUBSCRIBER to define the privacy policy on its use. WebXTool does not have access to SUBSCRIBER's password.
NON-EXCLUSIVE LICENSE
WebXTool, hereby, grants the SUBSCRIBER a limited, revocable, nonexclusive and not subject to sublicense license to use the tools provided by WebXTool. License and access to software and services provided to SUBSCRIBER is subject to compliance with the terms and conditions of this Contract.
This license will terminate immediately if SUBSCRIBER fails to comply with the terms of this Agreement.
CONFIDENTIALITY
The parties agree that the information in this website, exchanged e-mails and the databases used by the SUBSCRIBER are covered by a confidentiality clause and confidentiality, which states that WebXTool, except in cases of order and / or request and / or judicial determination of any kind and / or order and / or request and / or determination of public authorities in order to clarify facts and / or circumstances and / or instruct investigation, inquiries and / or ongoing delation, cannot reveal the information to third parties.
WebXTool will not be liable for violations of the above data and information in cases which the violation happens due to acts of employees, agents or authorized personnel by the SUBSCRIBER nor even those resulting from illegal or criminal activity of third parties ("hackers").
All data inserted by you in WebXTool's tools won't be used for any purpose other than services provision.
Notwithstanding the above, this confidentiality agreement does not include any confidential information that is, or becomes known to the general public, which are already in possession of the receiving party before disclosure by a party or which are developed independently by the receiving party, without the use of confidential information.
THIRD PARTIES
If the SUBSCRIBER provides access to his/her account or any of its parts to third parties or use the service to collect information on behalf of others ("third parties"), whether the SUBSCRIBER has been or has not been authorized to do so by WebXTool, terms hereby presented will apply to both, the SUBSCRIBER and the third party.
In case where the SUBSCRIBER uses WebXTool on behalf of any third party, the SUBSCRIBER states and guarantees that: (a) he/she is authorized to act on behalf of the third party, and links such Third Party to this Agreement, (b) between the Third Party and the SUBSCRIBER, the first one has any rights to access customer data in the applicable account, and (c) SUBSCRIBER will not disclose customer data to any third party without his/her consent. The SUBSCRIBER will ensure that every third party will submit themselves to the terms of this Agreement and link themselves to this Agreement.
WebXTool does not give any statement and / or guarantee in direct or indirect benefit of third parties. With respect to third parties, the SUBSCRIBER shall take all necessary care to avoid any and all statements and guarantees that may regard to WebXTool, the Service, the Software, the Reports, or its usage.
SERVICE LEVEL AGREEMENT (SLA)
Starting from the premise that providing services in technology there is no full guarantee (100%) of service, called service level agreement or SLA, for the purpose of this contract, the level of technical performance of service proposed by WebXTool, it being understood that such agreement does not represent a decrease of this liability, but rather an indicator of technical excellence.
Considering also that the hosting service for WebXTool is outsourced, WebXTool's SLA gets linked to the SLA of these companies, except for cases of need for maintenance and / or update of WebXTool's website.
Considering also that WebXTool website optimization tools rely on scripts developed by search engines, including but not limited to Google and Bing, and that these scripts can be changed at any time and without notice by these companies, WebXTool does not guarantee that services will always be in exact conformity with actual results. Whenever WebXTool get aware of such changes, it shall notify SUBSCRIBER of this event, so that he/she use provided results with caution.
The full guarantee of presented statistics, in all aspects, is not guaranteed as well, as these statistics depend on data that are inserted solely by SUBSCRIBER in search engine optimization tools.
PROPERTY RIGHTS
The service and all intellectual property rights on this service are and shall remain property of WebXTool. All rights on the software not expressly granted to SUBSCRIBER under this contract are, hereby, expressly reserved and held by WebXTool.
Without limiting the generality of the above provisions, the SUBSCRIBER agrees not to do (nor allow any third party do) any of the following acts: (a) sublicense, distribute, or use the service outside the scope of the license granted under this agreement, (b) to copy, modify, adapt, translate, create derivative works, reverse engineer, disassemble or decompile the software or otherwise attempt to discover any source code or other trade secrets related to the service, (c) create derivative works of the tools and other materials developed by WebXTool (d) use the trademarks, trade names, service marks, logos, domain names, and other distinctive signs, or any copyright or other proprietary rights associated with the service for any purpose, without the express written consent of WebXTool (e) register, attempt to register or help anyone to register any trademarks, trade names, trademarks, service marks, logos, domain names, and other distinguishing marks, copyright or other proprietary right associated with WebXTool not on behalf of WebXTool or (f) remove, omit or alter any notice of copyright, trademark, or any proprietary rights in any item shown is included in the service.
PAYMENT AND CANCELLATION
Payments will be made through the online systems PayPal or MoIP, and the choice of the platform is of sole and exclusive discretion of the contractor, who must be aware of the specifications of the chosen platform.
Importantly, the entire financial aspect for the payment of the license will be made through PayPal or MoIP, these being the ones responsible in the establishment of guidelines for approval in terms of credit or debit card, bank transfer or payment slip.
Any delay or failure in credit approval must be handled directly with PayPal or Moip, and the WebXTool has no responsibility or autonomy in this regard. In the hypothesis of non-payment, system access will be blocked.
This contract may be terminated and it must be done through WebXTool's website. At the time of termination, if there are values to be returned, the value returned will the remaining value after deducting PayPal's or MoIP's fee.
EXTERNAL LINKS, THIRD-PARTY WEBSITES, INFORMATION AND CONTENT
WebXTool's website may contain links to other Internet sites developed and controlled by third parties, which may contain references to information, software, materials, products and/or services sold by third parties. These third party sites may also contain information that some people may consider inappropriate or offensive. In this regard, you acknowledge and agree that these third party sites and other external links are beyond WebXTool's control and WebXTool is not responsible for the content posted or goods and/or services offered. WebXTool do not endorse or assume any liability related to third party sites, services or products.
EXCLUSION OF WARRANTIES
ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
WITHOUT LIMITING PRECEDENTS, WEBXTOOL DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE. IN NO EVENT WEBXTOOL WILL BE RESPONSIBLE FOR YOUR LOSSES OR ANY THIRD PARTY LOSS, BE IT MORAL OR MATERIAL LOSS, ANY PROFIT LOSS, DIRECT OR INDIRECT, OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR ANY SITE.
IN ADDITION, WEBXTOOL IS NOT RESPONSIBLE, IN ANY WAY, FOR GOODS AND/OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR WEBSITE OR BY THIRD PARTY SITES.
ALSO, WEBXTOOL WILL NOT TAKE RESPONSIBILITY FOR DAMAGE CAUSED BY DATA LOSS CAUSED BY INTERNET PROVIDER, TEMPORARY OR PERMANENT STOPPAGE OF SERVICES, PROBLEMS WITH NETWORK DATA TRANSMISSION, OR OTHER ACTIVITIES NOT DIRECTLY RELATED TO WEBXTOOL.
WEBXTOOL IS NOT RESPONSIBLE FOR DATA LOSS, BREACH OF DATA, ELEMENTS OF ACTION AND/OR PERSONS, HACKING, OR ANY DIRECT OR INDIRECT DAMAGES INCURRED DURING THE PROVISION OF SERVICES AND APPLICATIONS.
ELECTRONIC CONTRACT AND MODIFICATIONS TO TERMS OF SERVICE
These Terms of Use were updated on April 12, 2012. Once this contract is exclusively concluded by electronic means, so that there is not a signed contract, for the purpose of ensuring SUBSCRIBER's full access and knowledge as to the terms and conditions governing this contract, as well as for purposes of advertising and knowledge of third parties, this standard contract is available at webxtool.com (or other URL WebXTool may provide).
WebXTool reserves the right to change or modify at any time any of the terms and conditions contained in this Agreement or any policy governing this Service, through new contract publication on this very website. The SUBSCRIBER is responsible for reviewing policies periodically. No amendment or modification of this Agreement will be bindable, unless (i) is made in writing and signed by duly authorized WebXTool's representative, (ii) SUBSCRIBER accept updated terms online, or (iii) SUBSCRIBER continues to use the product after WebXTool have updated the terms of this Agreement or any policy governing the Service.
GENERAL TERMS AND JURISDICTION
If any arrangement of this Agreement is held invalid for any reason, such arrangement shall be reformed to the extent necessary to make it valid or enforceable in the full extent possible in order to comply with the intent of the parties, and the remainder of this Agreement shall remain in full force and effect.
SUBSCRIBER may not assign or otherwise transfer any of his/her rights or obligations under this Agreement without the prior written consent from WebXTool, and any transfer attempt will be null and void. The relationship between SUBSCRIBER and WebXTool is not a societary relationship, but it is of independent contractors. This Agreement shall bind, oblige and takes advantage their respective successors and assigns of the parties.
WebXTool will not take any responsibility, whether under any legal warranty theory or, risk, contract, tort (including fraud or negligence of others), strict responsibility, or not, regarding this Service or other of its actions and, in any way, with these Terms of Use. Under no circumstances, WebXTool will take responsibility for any material damages, moral damages, lost profits, loss or damage of any kind that may arise due to the use of services or applications available on our website, related to violation of these Terms of Use.
WebXTool reserves the right to, at any time, suspend or terminate your account access on our website if it's verified any violation of the conditions of these terms, or in any other situation deemed reasonably necessary.
Any tolerance on WebXTool's part to enforce any arrangement of these Terms of Use or related rights shall not constitute a waiver of such right or arrangement.
To resolve any disputes arising from this adjustment, the parties elect the jurisdiction of the district Itajubá.
CONTACT WITH COMPANY
If you have questions or concerns about WebXTool or these Terms of Use, please contact us .
