Date of Revision. April 24, 2021
This software and service is provided in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Seanox operates the Seanox XMEX service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.
You own the data that you provide to Seanox XMEX and you're responsible for keeping it safe.
The Terms of Service and Seanox XMEX itself can change at any time. We'll try to warn you about major changes to the Terms of Service or Seanox XMEX, but we make no guarantees.
That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites.
Your use of the Seanox service is governed by this agreement (the "Terms"). "Seanox" means Seanox Software Solutions. The "Service" means the services Seanox makes available include our web sites (seanox.com), our blog, our API, and any other software, sites, and services offered by Seanox in connection to any of those. "Customer Data" means any data you submit to Seanox for the purpose of using the Service. "Content" means all content generated by Seanox on your behalf (including metric data) and does not include Customer Data.
In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that Seanox will treat Your use of the Service as acceptance of the Terms from that point onwards.
Seanox may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Seanox will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us via email.
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Seanox under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Seanox is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You expressly understand and agree that Seanox, affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Seanox has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify Seanox, affiliates, employees, agents, advertisers, licensors, suppliers or partners (collectively "Seanox and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Seanox will provide You with written notice of such claim, suit or action.
The Terms constitute the whole legal agreement between You and Seanox and govern Your use of the Service and completely replace any prior agreements between You and Seanox in relation to the Service.
You agree that if Seanox does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Seanox has the benefit of under any applicable law), this will not be taken to be a formal waiver of Seanox's rights and that those rights or remedies will still be available to Seanox.
Seanox shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
(1) These Terms of Service and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any.
(4) The German language is available for the conclusion of the contract.
(5) Seanox is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
Seanox Software Solutions