Terms of Use of the Website

Last update: June 28, 2020

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use (“Terms”) govern the use of this websitehttps://xltools.net/(“Website”).

WavePoint Company Limited (“WavePoint Co. Ltd.”, “we”) operates this Website in order to provide you (an individual, company, or any other entity) online access to our software products under the XLTools brand name, related information and services (“Software”).

By accessing and using the Website, you irrevocably accept and agree to these Terms. If you do not agree to these Terms, do not use this Website.

The Website is not intended for children under the age of 16. By agreeing to these Terms, you represent and warrant that you are at least 16 years of age or older.

If you represent the interests of an organization or company, then, by accepting the Terms on behalf of the company, you assure and guarantee that you have all the authority to enter into agreements, and all references to you will indicate the organization or company which you represent.

1. Website content

Website content

Unless otherwise stated, WavePoint Co. Ltd. owns and retains all title, interest and copyrights to the Website and its entire content, features and functionality, including but not limited to HTML, text, images, audio, video, documents, software, logos and other content (“Website Content”). The Website Content is protected by copyright and other intellectual property laws and international treaties.

Third-party content

The Website may contain third party information and materials (“Third-Party Content”). Third-Party Content is the copyrighted work of its owner and is subject to various other terms and conditions of such third parties.

User content

Some pages of the Website may contain interactive sections, such as comments, that allow you to publish your own content, including but not limited to text, audio, video and other content (“User Content”). We may accept, reject, edit or remove any User Content, but we disclaim any liability or obligation to do or not to do so.

If you choose to display, publish, upload or otherwise make your content available on the Website, you acknowledge and agree that:

  • You grant WavePoint Co. Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, store, reproduce, adapt, publish, translate, distribute, sublicense such content without any credit or compensation to you;
  • You will not provide content that constitutes obscene, pornographic, discriminatory, abusive or defamatory material;
  • You will not provide content that constitutes unauthorized disclosure of personal data or confidential information;
  • You are the creator and copyright owner of the content, or have the appropriate rights and permissions from the copyright owners to transfer such content to be used by WavePoint Co. Ltd.;
  • You will not provide content that infringes any patent, trademark, copyright or other intellectual property or any rights of any party;
  • The content will not provoke WavePoint Co. Ltd. to violate any provisions of the law;
  • You will not use this Website for any purposes related to marketing without our written consent.

We disclaim all liability for the content you provide on the Website. You are solely responsible for the content and consequences of providing such content on the Website.

Violation of rights by content on the website

If you find that your intellectual property rights and other rights are violated by content available on the Website, please contact us atsupport@xltools.net.

In the event that we are notified of such a violation, we may at our sole discretion remove such content from the Website or take other appropriate measures without notifying you or the other party who provided the content. If you or another party believes that the provided content does not violate the rights of WavePoint Co. Ltd. or third parties, you can notify us with a request to restore the content, however we restore or do not restore such content at our discretion.

Trademarks

XLTools, any related product and service names, logos, design marks and slogans on this Website are the trademarks or registered trademarks of WavePoint Co. Ltd. Microsoft and the Office logo are trademarks or registered trademarks of Microsoft Corporation. All other trademarks, product and service names and logos are properties of their owners.

2. Use of the website

We hope you will find this Website useful and informative. You may use the Website solely for personal, non-commercial purposes. You acknowledge and agree that all information provided on the Website is subject to change without notice. You agree that:

  • You will not violate these Terms;
  • You will not use the Website for unlawful, illegal, fraudulent, dishonest or harmful purposes;
  • You will not reproduce, duplicate, copy, sell, resell, download or otherwise use the Website in whole or in part for any commercial purposes without written our consent;
  • You will not use the Website in any manner that damages the Website or impairs availability or accessibility of the Website;
  • You will not use the Website to send mass mailings or spam;
  • You will not use any “robots”, “spiders” or other automatic means to access the Website for any purpose, including monitoring or copying any Website Content;
  • You will not copy, modify, create derivative works, reverse engineer, or otherwise attempt to discover any source code of the Website, or allow any third party to do so;
  • You will not edit or in any way modify Website Content without written consent from us or the lawful owner of applicable content.

3. Linking to the website

We appreciate your efforts in letting your colleagues and friends know about our Website and Software. If you want to link to this Website, you will to do so in a fair and legal way. You agree that:

  • You will place the link to the Website in a way that is relevant and appropriate within the context of your website or materials;
  • You will not duplicate Website Content;
  • You will not present false information about WavePoint Co. Ltd. and our Software;
  • You will not incorporate any Website Content into any website, for example by inline linking, framing or other means;
  • You will not state or imply that you have relationship, affiliation, connection, or association with WavePoint Co. Ltd. or our Software without our written consent;
  • You will not suggest that we approve or endorse you, your website, your products and services without our written consent;
  • You will not link to the Website from websites or materials which have content that could be construed as distasteful, offensive, or controversial;
  • You will not link to the Website from mass mailings or spam.

We may disable any links or frames, as well as terminate our permission to you to link to the Website at any time. In such an event you agree to immediately remove all links to our Website.

We disclaim all liability for the content of third-party websites or materials, which contain mentions and/or links to this Website.

4. Privacy policy

Please review our Privacy Policy to understand how we collect, use, share, and otherwise process your information that we collect through the Website (including through cookies). The Privacy Policy is incorporated into these Terms by reference and forms an essential part of these Terms. The most recent version of the Privacy Policy is published athttps://xltools.net/privacy-policy/.

5. Notice to software

Before you download and use the Software available on this Website, please read the End-User License Agreement carefully. The most recent version of the License Agreement is published athttps://xltools.net/eula/.

For your convenience, we may provide links to third-party websites, products, services, software, widgets and social media features, which are not owned or controlled by us. If you follow these links, you will leave the Website and you will be subject to the applicable terms and policies of these third parties.

Links to third-party websites do not constitute or imply our endorsement, sponsorship, or recommendation of such third parties, their websites, products and services. We disclaim all liability for the content and availability of third-party websites accessible from the links on this Website.

7. Disclaimer of warranties

The Website is provided “as is”, “as available”, “with all faults”, and without warranty of any kind. To the maximum extent permitted by law, WavePoint Co. Ltd. disclaims all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, and noninfringement.

WavePoint Co. Ltd. disclaims any warranty that the Website will meet your requirements or will be constantly available; that the quality of the Website will meet your expectations; that functions or features on the Website will be uninterrupted or secure; that the information on the Website is error-free; that any errors or defects of the Website will be corrected; the Website or the server(s) that makes the Website available are free of viruses or other harmful components. No advice or information, whether in writing or verbally, received by you on the Website or from WavePoint Co. Ltd., or any materials available through the Website, provide any warranties from WavePoint Co. Ltd., unless otherwise provided by these Terms. You may use the Website at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of the Website.

We reserve the right to periodically modify or suspend, temporarily or permanently, the functions and components of the Website, without any warranty to you for any interruptions or modifications to the Website or its components.

Given the above, if you made a payment to WavePoint Co. Ltd. for the use of the Website, WavePoint Co. Ltd. will not refund money for the period when the Website was not available.

In the case of the adoption of regulatory legal acts in the Russian Federation or the adoption of international legal acts that affect the rights and interests of users, as well as affect in whole or in part the functioning of the Website, we reserve the right to any changes to the Website in order to bring it in line with new legal regulations.

Your sole remedy for dissatisfaction with the Website is to stop using the Website.

8. Limitation of liability

Under no circumstances will WavePoint Co. Ltd. be liable to you or any third parties for any direct or indirect consequences arising out of the use or inability to use the Website, including but not limited to any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages).

In addition, WavePoint Co. Ltd. will not be liable for any third-party applications, content, products or services that are advertised and promoted on the Website, are accessible or received by you through external websites or resources or other contacts that you entered into by using the information published on the Website or links to external resources. WavePoint Co. Ltd. will not be liable for your visiting and using external resources, that may be available from links on the Website. You agree that WavePoint Co. Ltd. does not have any obligations in connection with advertising that may be available on the Website.

WavePoint Co. Ltd. will not be liable and does not have direct or indirect obligations to you for any possible or incurred losses or losses associated with any content available on the Website, copyright registration and information about such registration.

Our total liability in any matter arising out of these Terms is limited to 20 USD or the amount that you paid for the Software. These limitations apply to the maximum extent permitted by law.

However, WavePoint Co. Ltd. does not limit its liability and warranties, which cannot be limited in accordance with applicable law.

9. Indemnification

You agree to indemnify, hold harmless and defend WavePoint Co. Ltd. and its representatives, employees, directors, consultants, affiliates, subsidiaries against any and all claims and lawsuits from third parties, and to indemnify for any related losses, incurred expenses, including legal costs, arising in connection with the following: (1) your use or improper use of the Website; (2) your violation of any provisions of these Terms, representations, warranties and contracts related to these Terms or applicable law; (3) your violation of the rights of third parties, including intellectual, copyright, rights to privacy and publicity, confidentiality and other private property rights; (4) any dispute between you and a third party. WavePoint Co. Ltd. reserves the right to protect and control any court case at its own expense, in other cases only subject to compensation for the costs of judicial protection on your part (without limiting your obligation to compensate for the costs of judicial protection), in which case you agree to cooperate with WavePoint Co. Ltd. to protect against claims.

In case of violation of any provisions of these Terms by you, any other user, or third parties, the lack of immediate response on our part does not deprive us of the right to take appropriate actions later in order to protect its interests and copyrights to the protected Website Content in accordance with the laws of the Russian Federation and international legal acts.

10. Governing law and dispute resolution

These Terms are governed by the laws of the Russian Federation, without regard to conflict of laws rules.

Any translation of these Terms is done for compliance with the requirements in the territory of use. In case of any conflict the Russian version of the Terms will prevail.

You agree that by accepting these Terms, you waive the right to apply to the jury for consideration of disputes between you and WavePoint Co. Ltd. and the possibility of filing a class action lawsuit.

If you have reason to file a lawsuit, you must first submit a complaint to WavePoint Co. Ltd. by sending it by mail to the address specified in these Terms. The complaint should indicate the essence of the appeal, the circumstances of the case, your violated rights and demands. If within 30 (thirty) days from the date of receipt of the complaint, we do not reach an agreement on the issues of the complaint, then both you and WavePoint Co. Ltd. may apply to the judicial authority.

You agree that any lawsuits arising from these Terms must be filed and considered in court at the location of WavePoint Co. Ltd., and the limitation period for disputes referred to in this section is 1 (one) year from the date on which the violation of rights occurred.

11. Changes to these terms

We may change these Terms at any time without prior notice. The most recent revision of the Terms will be published athttps://xltools.net/terms-of-use/. The revised Terms will become effective on the date of publication indicated at the top of this page. You acknowledge and agree that it is your responsibility to review the Terms for any changes. Your continued use of the Website after any changes to the Terms means that you irrevocably accept and agree to the changes. If you do not agree with the changes to these Terms, stop using this Website.

12. Term and termination

We reserve the right to terminate or suspend your access to the Website at any time without prior notice, including if you have violated any provisions of these Terms or in case of unauthorized use of the Website. If we terminate or suspend your access to the Website, you agree that WavePoint Co. Ltd. is not liable to you and will not refund any amount of money paid, to the maximum extent permitted by law.

13. Other terms

Partial invalidity of the terms

In the event that any provision of the Terms becomes invalid or not enforceable as a result of the court decision or adoption of a regulatory legal act by the state body, this does not entail the invalidity of other provisions of the Terms.

Independence of relations

The relationship between you and WavePoint Co. Ltd. is a relationship of independent parties. Nothing in these Terms establishes a partnership, agency, or joint venture relationship.

14. Contacts

If you have questions about these Terms of Use, please contact us:

Email:support@xltools.netWavePoint Company Limited
Unit 133 (407), 11 Kamennoostrovsky prospect, Building 2, Letter A, Saint-Petersburg, Russia, 197046
Tel.: +7 812 600 2011