By subscribing or using the ImRix service (“Service”) you enter into a service agreement (“Agreement”) for the ImRix Service in accordance with these General Terms and Conditions (“Terms and Conditions”).
By accepting these Terms and conditions you acknowledge that you have fully read their contents, accept them fully and unconditionally, and agree with all the rights and obligations that are assigned. We reserve the right to reject the use of the Service by a potential User at our own discretion.
You agree that at any time and without special notice the ImRix service may amend the contest of these Terms and Conditions.
It is User responsibility to review the text of these Terms and Conditions periodically. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms.
1. Terms and definitions
2. Main conditions of use
3. Payment and service fee
4. Duration of the Agreement
5. Limitation of liability
6. Confidentiality
7. Other conditions
8. Service Provider Details
These Terms and Conditions (hereinafter referred to as the “Terms and conditions” or “Conditions”) govern your use of the website located at https://ImRix.com, and define general conditions of the Service use between: the Company BESTMARKET OÜ, registration number 14057914, registered to Keemia 4 Tallinn 10616, as a “Service Provider” on one hand, and individual users, who enter into this service agreement by accepting this Terms and Conditions, hereinafter referred to as the “User”, on the other hand, hereinafter collectively referred to as the "Parties", and individually, the "Party".
1.1. The “Service” or the “ImRix” means the online service ImRix, provided by BESTMARKET OÜ according to the SaaS model (software as a service), which allows the Service User to create a User Account on https://ImRix.com to conduct statistics on the actions of online – communities Users (voluntary online associations of people based on common interests), form statuses, user scores, the ability to interact with other participants of the online community, as well as other functionality, if it is specified for such individual community.
1.2. "Service Provider" or “Company” is the company BESTMARKET OÜ, registration number 14057914, registered to Keemia 4 Tallinn 10616, which is the owner of https://ImRix.com , and provides services to Users in accordance with these Terms and Conditions.
1.3. The “Website” is the content of the https://ImRix.com Internet pages intended for the operation of the Service, available on the Internet at the network address in the domain, including all levels of the specified domain, as functioning on the date of adoption of this Agreement by the User, both launched and put into operation during the entire period of its validity, and accessible to the User through the website, mobile version of the website, applications and other resources, which is the result of intellectual activity in the form of a programme for computer.
1.4. The “User” is a legally capable individual at the moment of registration at least 18 years old with the full authority, right, and capacity under applicable law enter into this agreement and abide by all of the terms and conditions, gain an access to the Service for his/her personal or professional purposes.
1.5. "User account" is a part of the Website created by the User during registration on the Website including User's data, and providing the opportunity to conduct statistics on the actions of any online - community's Users, form statuses, user scores, the ability to interact with other participants of the online community, as well as other functionality, if it is specified for such individual community. Access to the User Account is carried out using a unique login and password generated during registration.
1.6. “Subscription Plan” or “Subscription Fee” is a renewable subscription to the provision of services billed in advance on a recurring and periodic basis.
1.7. The “Billing Cycle” is a period during which the User performs operations with his/her User Account. For billing purposes, it is assumed that the month consists of 30 days, and the year consists of 360 days.
2.1. To use the Service, you need to create a User Account on the Website. When registering on the Website, the User is obliged to provide the necessary reliable and relevant information for the creation of the User’s personal page, including a unique login and password for accessing the Website, as well as the last name and the first name and e-mail. The Website's registration form may request additional information from the User.
2.2. The username and password selected by the User are necessary and sufficient information for the User to access the Webite. The User does not have the right to transfer their username and password to third parties, and is fully responsible for their safety, choosing their own method of storage. The User can use their hardware and software to allow storing the username and password (using cookies) for subsequent automatic authorization on the Website.
2.3. If the User does not prove otherwise, any actions performed using their username and password are considered to have been performed by the corresponding User. In the event of unauthorized access to the username and password and / or the User Account, or the distribution of the username and password, the User must immediately inform the support service by email at [email protected] .
2.4. When registering on the Service, the user selects a Subscription Plan, and also agrees:
- to acquire access to the Service for its personal or professional purposes;
- provide, maintain and timely update personal data in order to keep it's maximum relevance, completeness and accuracy;
- to comply with these Terms and Conditions, as well as the Privacy Policy;
- to be bound by all applicable laws, including local laws and laws relating to the use of electronic communications and the protection of personal data;
2.5. The User may integrate its User Account with online services of third party communities. Such third-party online services are NOT provided by ImRix. The use of such third-party online services may be governed by the terms and conditions established by third parties. When successfully integrate with a third-party online service, you accept an exchange of certain information and data (including confidential personal data) belonging to you in order to take full advantage of the integration. All and any references to third-party services or websites and links to them that are displayed on our site are provided solely for the User's convenience; the Service provider do not control and approve the materials or information posted on third-party websites. Using integration of your User account with third party online services you acknowledge that you do this at your own expense and at your own risk. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
3.1. The Services are provided and billed in advance on a subscription basis in accordance with the selected Subscription Plan and these Terms and Conditions. Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
3.2. Valid Service Subscription Plans are available on the page http://imrix.com.
3.3. The Service reserve the right to modify the Subscription Plans and the amount of the subscription fee, including a change from the free service to a paid one, at any time upon a 30-day prior notice sent to email specified by the User during registration. You may cancel your Subscription Plan if you do not agree with the changes. Your continued use of Service after Subscription Plan change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
3.4. By choosing a credit card as a payment method, you automatically authorize Imrix to charge all subscription fees incurred according to the selected Subscription Plan. The size of the subscription fees is based on the current Subscription Plans, which are available on the page http://imrix.com. At any time you may cancel the recurring credit card payments.
3.5. You may cancel your Subscription Plan and terminate your Personal Account. Cancellation of a subscription plan is considered the termination of the Agreement.
3.6. To cancel the Subscription Plan, a written application must be sent by email no later than 7 days prior to the desired termination date of the subscription to the Imrix.com Support Service at [email protected].
3.7. According to the Agreement Terms of Imrix.com, if you purchase a Subscription Plan and decide to request a refund for any reason, you have 7 days to do so from the date of purchase.
3.8. If you request a refund within 7 days from the date of purchase, Imrix.com will issue a full refund of your purchase price. If you do not request a refund within the 7-day refund period, you forfeit this option and will not be eligible for a refund.
3.9. The service reserves the right to notify you by email of the Subscription Plan expiration date and the amount of next payment required to renew the subscription. If you do not pay for the Service after the subscription period ends, it will be assumed that you do not want to renew your subscription, and your Personal Account will be deleted and the Agreement will be terminated.
4.1. The duration of this Agreement and the duration of the Subscription Plan begin from the date the User subscribes to the Service. In the absence of early termination, in accordance with these Terms and Conditions, the Agreement is valid for the period arising from the Subscription Plan selected by the User and is automatically renewed for the next periods.
4.2. You can stop using the Service at any time by canceling the Subscription Plan and your Personal Account. Cancellation of a subscription plan is considered to be termination of the Agreement. In order to cancel the Subscription Plan, a written application must be sent by email no later than 30 days prior to the desired date of termination of the subscription to the support service [email protected].
4.3. Upon the cancellation of the Subscription Plan, the termination of the Service and the Agreement (regardless of the grounds and reasons for the termination) or the expiration of the Subscription, the User loses the right to access the User Account and all data stored in the User Account. The user has the right to renew the Subscription Plan and User Account (together with all data and statistics) within 30 days from the moment of canceling the Subscription Plan or termination or expiration of the Subscription. For User Account renewal the User shell contact support service by email: [email protected]. In order to renew the Subscription Plan, the User must also pay the applicable subscription fee amount. ImRix Company reserves the right to refuse Subscription and User Account renewal without giving reasons (especially if ImRix has previously terminated the Agreement or suspended the use of the Service). If the Subscription does not renew within the above-mentioned periods (30 days), the User Account and all data stored (including all data and statistics) will be deleted without any possibility of restoration.
4.4. Unless otherwise provided by applicable law, the User is entitled to partial or full refund of any payments already made or payable in accordance with cl. 3 of these Terms and Conditions. The User must also pay all due payments before the expiration date of the Agreement.
4.5. The Service Provider reserves the right to immediately terminate the Agreement or suspend the provision of the Service upon receipt of a court order or other authority, or if the User has violated essential obligations of these Terms and Conditions or applicable law without any proportional refund of the subscription fee amount.
4.6. The Service Provider reserves the right to terminate the Agreement at any time without any reason, with the immediate entry into force, without any liability in this regard, except that the Service Provider must refund a proportional part of the subscription fee.
5.1. THE WEBSITE AND THE SERVICE, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND DESIGN OF THE WEBSITE ARE PROVIDED BY THE SERVICE PROVIDER ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY SERVICES YOU PURCHASE THROUGH IT. THE SERVICE PROVIDER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES THAT THE WEBSITE OR ITS SERVICE MAY BE SUITABLE OR NOT SUITABLE FOR SPECIFIC USE PURPOSES. THE SERVICE PROVIDER DOES NOT PROVIDE ANY WARRANTIES FOR ANY SPECIFIC RESULTS FROM USING THE WEBSITE AND / OR ITS SERVICE. THE SERVICE PROVIDER DO NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5.2. To the maximum extent permitted by law, neither ImRix nor its representatives, employees, directors, officials or suppliers are liable for direct or indirect, subsequent, incidental, actual or approximate losses or damages, (even if ImRix was informed of the possibility of such losses), in particular for loss of business profit, lost of income, loss of data, reputation damage, failure to realize expected profit, net financial loss or other business or economic losses or for claims against the User made by a third party in connection with the use, misuse or inability to use the Service.
5.3. The Service Provider will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Service Provider’s reasonable control.
5.4. In no event shall the Service provider total responsibility for any damage claim exceed the amount of the one month fee paid by User prior to the date of claim notification.
5.5. The Parties shall not be liable for the impossibility of performing their obligations under this Agreement as a result of and/or in connection with force majeure circumstances, including labour disputes or other industrial disturbances, electrical, telecommunications, computer, software or other failures of utilities, errors or defects in software or smart contracts, earthquakes, storms or other natural phenomena, blockades, embargoes, disturbances, actions or orders of the government, terrorist acts or hostilities, technological changes, changes in interest rates or other currency market conditions.
5.6. In the event of force majeure circumstances, the Party that suffered as a result of the inability to fulfill its obligations by the other party is entitled to partially or fully suspend the operation of this Agreement within the force majeure circumstances. The Parties have the right to terminate this Agreement if the force majeure circumstances continue for more than three consecutive months.
5.7. If applicable law does not allow all or any part of the above limitation of liability to apply to the User, the limitations will apply to the User only to the extent permitted by applicable law.
6.1. Detailed information on the protection of personal data and privacy is given in the Privacy Policy, which is an integral part of these Terms and Conditions.
7.1. This Agreement will be governed by and construed and enforced in accordance with the laws of Estonia.
7.2. Should any provision of this Agreement, or any provision incorporated into this Agreement in the future, be or become illegal, invalid or unenforceable under the laws of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the other provisions of this Agreement shall not be affected thereby and the affected provision shall be replaced by the provision that would to the maximum extent resemble the deleted one.
7.3. The Service Provider may assign its rights and obligations under this Agreement upon a prior notice to the User sent to e-mail specified by the User in the registration form. The User shall not be entitled to assign his/her rights and obligations hereunder without the prior written consent of the Service Provider.
7.4. Parties’ failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
7.5. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the User and the Company and is not intended to confer third-party beneficiary rights upon any other person or entity.
7.6. All notifications, enquiries, claims, requests and other types of communication in relation to this Agreement (the "Notifications") that the User sends to the Service Provider must be written in English and sent by email or delivered personally or sent by an internationally recognized courier to the legal address or the address specified in cl.8.
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