Last updated: 11 June 2020
1. APPLICATION OF THE AGREEMENT
The present Terms & Conditions regulate provision of Exto, Inc. services (“Services”), in particular, access and use of developed applications (“Applications” and, separately, “Application”). Exto, Inc., the organization providing the services, is registered at the address: United States, 500 N Michigan Avenue, 600 60611 Chicago, IL (“Exto, Inc.”, “we”, “us”).
Applications are available on e-commerce platforms, and access is provided to the Customers either directly from their respective accounts on such e-commerce platforms or through the website (https://exto.io/), operated by Exto, Inc. (“Site”), which could redirect the user to such e-commerce platforms.
By visiting the Site and (or) installation of any of the Applications via an e-commerce platform or providing us with your Personal Data through the Site or any of the Applications on an e-commerce platform you acknowledge that you have read this Agreement and accept the provisions, stated herein, as binding for you.
In case you intend not to be bound by the provisions of this document, you shall not install any of the Applications. The Agreement comes into legal force when you install any of the Applications using your account on an e-commerce platform, either with the use of the Site or not, or by any other means.
Hereunder any of the Applications (Applications) and the Site and jointly referred to as the “Software”.
2. SUBSCRIPTION AND INTELLECTUAL PROPERTY
Unless otherwise provided in the present Terms & Conditions, Services are purchased by Customers and provided as subscriptions for the Application, chosen by the Customer.
Exto, Inc. provides you with the non-exclusive, non-transferable license to use such Application(s). Exto, Inc. owns and retains all copyrights in relation to any of its Applications.
Any public distribution of the Software without the prior written consent of the Exto, Inc., including non-commercial distribution, sell, assignment, transfer, sub-licensing, rent, lease or lend, is regarded as violation of this Agreement and entails liability, according to the applicable legislation. Any sale, transfer or assignment of any of the Applications, executed in violation of this Agreement, shall be void and automatically terminate the present Agreement between Exto, Inc. and you.
The Content of the Site may not be copied, reproduced, modified, published, transmitted or distributed in any way, in whole or in part, by any means.
You also shall not (a) copy, download, or otherwise reproduce any of the Applications in any form in any way, in whole or in part; (b) alter, modify, or adapt any of the Applications without the prior written approval of Exto, Inc.: (c) sell, license or otherwise distribute to third parties any of the Applications or any of its parts, including the parts of the code; (d) alter, remove, or obstruct the display of any copyright, trademark or other proprietary notice on or in any of the Application.
By entering into this Agreement you grant us the right to publish/display/list your logo/company’s name as the part of our customer list and other related marketing materials.
3. GENERAL CONDITIONS OF USE
Under the provision of the present Terms & Conditions, you agree not to take, execute or implement any of the following actions:
- use the Software to violate applicable laws or legitimate interests and possibility of other users, Exto, Inc., third persons and entities to use the Software;
- violate any intellectual property rights of Exto, Inc. as stated in Section 2 above;
- transmit any content or any code of a destructive nature with the use of our Software, including our API as well as to launch any harmful automated systems;
- obtaining unauthorized access to the Software;
- use the Software for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Exto, Inc. does not warrant that the Software, including the interface of any of the Applications on the respective e-commerce platforms, will meet your specific needs and requirements, that the Software will be absolutely secure or error-free and that any errors in the Software will be corrected in full.
4. SOFTWARE SUPPORT
Customers can request technical assistance during the term of the use of the subscribed Application (Applications).
Software support is implemented by Exto, Inc. in the following order:
- First response to high-priority issues is made within 12 hours. High priority support requests include inability to access the product from multiple users (for example, multiple users cannot log in) and other similar requests.
- First response to low-priority is made within 3 days.
- 24/7 support is available worldwide.
The following means of communication could be used by the customers for software support issues:
Phone:+1 (415) 800-4949
In-product communication within the interface of the Software.
5. THIRD-PARTY SITES, PRODUCTS AND SERVICES
Similarly, we are not liable for the actions and contents of other websites, applications and services that refer to our Site and any of our Applications.
6. PAYMENT AND REFUND POLICY
The subscription utilizes the usage-based pricing model, where bills are calculated in accordance with the amount of widget displays (views) each 30 days.
Customers can request an unconditional refund during 30 days after purchasing a subscription for an Application. After receiving a refund request we will execute the refund within 3 business days.
Exto, Inc. and its Affiliates shall not be liable for any direct or indirect, incidental or special damages, consequential, exemplary or punitive damages, or other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the loss of use, data or profits, whether or not we have been advised of the possibility of such damages, arising out of or in connection with the use of the Software.
In any event, if Exto, Inc. will be responsible for any loss, harm or damage, you agree that the aggregate liability of Exto, Inc. and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licensors or suppliers shall in all cases be limited to one hundred dollars.
Notwithstanding the terms of the present Section 8, Exto, Inc. is responsible for privacy rights breaches and violations of the data security, committed by Exto, Inc. or resulted from the actions of Exto, Inc., in accordance with the applicable legislation and, in case such a violation occurs, shall reimburse at least inflicted damages and losses.
You shall defend, indemnify and hold us harmless from and against all liabilities and costs (including reasonable attorneys’ fees) incurred by us, arising from out of or relating to:
- your breach of any term or condition of this Agreement,
- your use or misuse of the Software,
- your violations of applicable laws, rules or regulations in connection with your use of the Software, including without limitation, privacy laws.
11. EXCLUSION OF THIRD PARTY RIGHTS
This Agreement may be updated from time to time at our own discretion. We will notify you of any changes by posting the new Agreement at the address: https://exto.io/terms/. We will also change the “Last Updated” date, which is reflected above.
This Agreement shall commence from the date of installation of any of the Applications on any e-commerce platform until its deletion from the account of the customer on such a platform, except for remaining obligations of the Parties (e.g., if applicable, final charge for the installed Application, retention period for storing personal data).
These Terms & Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.
If you fail to use the Software in accordance with the Terms & Conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the Software is revoked.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States of America. In the event that any portion of these Terms & Conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.