Throughout the website, the terms "we," "us" and "our" refer to FiveX. FiveX offers this website, including all information, tools and services that are available to you, the user. Subject to your agreement to all terms, conditions, policies and notices stated here. By visiting our website and/or purchasing a subscription from us, you are participating in our 'Service' and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including the additional terms and policies referenced (available via hyperlink). These Terms of Service apply to all users of the Website, including but not limited to users who are browsers, customers, vendors and/or content contributors. Please read these Terms of Service carefully before accessing or use. By accessing or using any part of the website, you agree to agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement then you will not be able to access the website or our services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Subject to the terms of this Agreement, FiveX shall use reasonable efforts efforts in configuring a version of the platform so that the customer can use the platform from FiveX as set forth in the subscription. FiveX shall make reasonable efforts in providing the service to the customer, as well as in providing the standard support. The functions of the platform depend on the subscription types displayed on the website. The subscription is terminable monthly provided that an annual subscription is applicable. FiveX hereby grants to the customer a limited, personal, non-transferable, non-exclusive, non-sublicensable right upon payment of the subscription for the use of the service in accordance with the agreement.
All prices are for the customer being a company excluding sales tax (VAT) displayed, unless otherwise agreed upon. All prices are for the customer being a consumer displayed including sales tax (VAT), unless otherwise agreed upon. FiveX performs its services in accordance with the agreed rate. The agreement can either be paid in one time in advance per year, or per month. Parties can agree that the customer has to pay an advance must pay. If an advance payment has been agreed, the customer must pay the advance payment in its entirety before commencing the performance of the services. The client cannot derive any rights or expectations derive from an advance estimate, unless the parties have expressly agreed otherwise. agreed upon. FiveX is entitled to increase the applicable prices and rates annually increase in accordance with the applicable inflation rates. Other price changes during the agreement are only possible if and insofar as they are explicitly established in the agreement. The customer must pay these costs at once, without settlement or suspension, within the specified payment period as stated on the invoice to the account number and details made known to her of FiveX. In case of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment against the customer, the payment and all other obligations of the customer under the agreement become immediately due and payable.
1. All IP rights including but not limited to FiveX's platform, service, API, documentation, requirements and support are and shall remain the sole property of FiveX. Customer obtains limited usage rights only to the extent that they are expressly granted pursuant to the Agreement. Further, FiveX is the sole owner of and/or may use all rights to ideas, concepts, know-how and techniques relating to the service, support, platform of FiveX and/or the documentation, as well as the technology related thereto. The term "Third Parties" includes affiliated organizations of the Customer and persons working in the organization of the customer who are not designated by the customer to provide the service, the equipment and/or other materials.
2. It is expressly acknowledged and agreed that the customer does not give third parties any permission to subject FiveX's platform to reverse engineering, disassembly, decompilation or otherwise attempt to retrieve the source code of FiveX's platform of FiveX. FiveX's platform may not be be copied. On the other hand, FiveX's platform cannot and may not be adapted or modified and the customer may not make any corrections or perform any corrections thereon, nor may create derivative works based on FiveX's platform, and may not authorize a third party to do so, and/or the customer may not sell the service, (sub)license, transfer or rent the service, nor may he use the service for commercial timesharing purposes, rental or use for a service agency. The customer is not allowed to use any mention of copyrights, trademarks, trade names or other intellectual or industrial proprietary rights, including notices of the confidential nature and/or confidentiality. FiveX does not assert any proprietary rights in any data and FiveX shall not be liable for any such data. Customer grants to FiveX a royalty-free, worldwide, irrevocable, sublicensable and transferable right to use the data, at least to the extent required in the context of providing of the Service is required and/or to adapt and/or improve the Service. This Article shall, for the sake of clarity, remain in effect after termination of the Agreement. Customer represents and warrants that it has all rights to grant of the license as provided in this article, without infringing any rights of third parties, including, but not limited to, privacy rights publicity rights, intellectual property rights or other proprietary rights. The customer indemnifies FiveX against all third party claims based on alleged infringement of the rights of third parties relating to the data. Notwithstanding the foregoing, FiveX may delete data uploaded through the Service, delete and/or block for any reason and without notice. The Customer acknowledges and agrees that FiveX may collect data and other information collect and may analyze (both during and after the term hereof) in connection with connection with the provision, use and performance of various aspects of the service (including, but not limited to, data and derivative data), and that FiveX (during and after the term hereof) may use (and commercially exploit) said information and data may use (and commercially exploit) in aggregate form or in any other form in connection with any commercial or non-commercial purpose, such as, but not limited to, statistical reporting benchmark reports and/or in connection with market segments.
Disclaimer of Warranties
FiveX performs services in accordance with industry standards. If any guarantee is given, it is limited to what has been expressly and agreed upon in writing. During the guarantee period FiveX guarantees a sound and usual quality of the delivered goods. FiveX does not guarantee that the website functions without errors and/or interruptions. functions. FiveX makes every effort to repair errors in the tool within a reasonable period of time. repair. The repair which is developed by FiveX itself, and the defects by the customer are timely reported. FiveX is not responsible for errors and/or irregularities in the functionality of the tools and is not liable for the unavailability of the tools for any reason. This also also includes the unavailability of the tools of the customer as a as a result of an unforeseen failure or force majeure. Any advice delivered by FiveX, based on incomplete and/or incorrect information provided by the customer, is never and/or incorrect information provided by the customer is never a ground for liability of FiveX. The content of the advice provided by FiveX is not binding and only of an advisory nature. The customer decides itself and on its own responsibility whether to accept the proposals and herein mentioned advice of FiveX. All consequences consequences resulting from following the advice are for the account and risk of the customer. customer. The customer is at all times free to make her own choices which deviate from the (delivered) advice of FiveX. FiveX is not obliged to any form of restitution if this is the case. Repair is also understood to mean the provision of temporary solutions. Privacy protection never includes the recovery of mutilated or lost data. FiveX is not obliged to recover this data. restore. If agreed FiveX can, within reason, provide cooperation but is never responsible nor obliged to restore any mutilated and/or lost data. mutilated and/or lost data. The customer should at all times take measures take measures to prevent and limit failures, defects, mutilation and/or loss of data, whether or not based on information provided by FiveX. FiveX is not responsible for errors and/or irregularities in the functionality of the website and is not liable for the for any reason unavailability of the website. This also includes the unavailability of the website of the customer as a result of an unforeseen failure or failure or force majeure.
Duration and termination of the agreement.
The agreement is valid during the period determined in the subscription and commences on the date of signature or acceptance of the subscription. After this period, the agreement is automatically extended by one month each time, Subscription is terminable on a monthly basis if an annual subscription applies. This terminates the agreement. FiveX can terminate this agreement if the customer is in material breach of this agreement, including including, but not limited to, non-payment of amounts due to FiveX under due under any subscription. The parties may terminate this Agreement immediately if either party files for bankruptcy or voluntary or forced dissolution, is declared insolvent, arranges for an assignment for the benefit of creditors, or has a receiver or trustee appointed for all or substantially all of its assets.If the agreement or a subscription is validly terminated for any reason, all rights granted to the terminated, all rights granted to the customer shall expire. The customer shall pay all amounts due to FiveX immediately. The account and data of the customer will not be deleted upon termination so that the account can still be be activated later if requested by the customer. Personal data will be stored in accordance with FiveX's privacy statement. The parties shall, if applicable, consult in good faith regarding additional transition activities and/or termination assistance by FiveX following termination (for any reason), including additional payments to FiveX for providing such activities. FiveX shall never be required to undo any payments received make any payments received (including advance payments) as a result of termination.