Database Extension Kit Terms of Service

These Terms of Service (“Terms”) are a legal agreement between Hexxu Services ltd, herein “Hexxu Services”, having an office and place of business at Arch. Makarίoy III, 155, PROTEAS HOUSE, Floor 5, 3026, Limassol, Cyprus, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”). These subscription terms and conditions (“Terms and Conditions”) are accepted by ticking off “Accept Terms and Conditions” in the check-out form, or by using the product or services. You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein, to the exclusion of all other terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

If You do not agree to these Terms, You must not use the product or access the service. If You are entering into these Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

If you use the product free license, these Terms will also govern your utilization of the product under that free license, unless otherwise provided herein.

Database Extension Kit is an Umbraco Package that allows you to add custom data models to your Umbraco database. It also automatically generates familiar data management UI for you and site editors saving you hours of development time.

The Product is provided subject to these Terms and solely for Your business purposes. In accordance with these Terms and Conditions, You are granted a non-exclusive limited right to use one or more of the licenses determined by the actual order.

To these Terms: Hexxu Services reserves the right to update and change the Terms upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://www.dbextensionkit.com/terms-of-service. You may terminate your use of the Product immediately if the Terms are modified in a manner that substantially affects your rights in connection with your use of the Product . Your continued use of the Product after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at : https://www.dbextensionkit.com/terms-of-service. .

To the Product: Hexxu Services may make changes to the Product from time to time.

Hexxu Services will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Product, including the release of new versions and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Hexxu Services hereby grants Customer a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use, execute, perform and display the Product, solely for Customer’s own internal business use.

Only the Customer is entitled to use the license, but the license can be used for or on behalf of other parties or the provision of services for other parties than the Customer.

The Customer shall ensure that the license is not used in any manner which reflects adversely upon the name, reputation and/or goodwill of Hexxu Services or in breach of any applicable law or regulation.

Customer is at all time fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Product and/or Third Party Solution. Customer agrees to indemnify Hexxu Services for all claims and losses related to any such acts and/or omissions.

If Subscription Fees apply, Hexxu Services reserves the right to revoke Unpaid Licenses.

Restrictions on Use of Database Extension Kit: In addition to all other terms and conditions contained herein, Customer shall not and shall not permit others (including its’ Users) to:

1. copy, modify, adapt, translate or otherwise create derivative works of the Product;
2. reverse engineer, decompile, translate, disassemble or otherwise attempt to discover the source code of the Product;
3. rent, lease, sell, resell, assign, sublicense, transfer, distribute any or all of the Product or otherwise transfer rights in or to the Product;
4. access or use the Product for:
5. activities where the use or failure of the Product would reasonably be expected to lead to death, personal injury, or environmental damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry);
6. In a manner intended to avoid incurring fees or to circumvent the specific usage limits or quotas of the Product;
7. For materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the Department of State of the US or to process of store any data that is subject to the ITAR;
8. Remove any proprietary notices or labels from the Product;
9. use, post, transmit or introduce any device, software or routine which interfere or attempt to interfere with the operation of the Product;
10. use the Product for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
11. otherwise use of the Product in violation of any laws in your jurisdiction (including but not limited to copyright laws and Export control laws).

This list of prohibitions provides examples and is not complete or exclusive.

Hexxu Services may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, Hexxu Services will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Product or on the Internet.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Product may violate certain laws and regulations.

You agree to indemnify and hold Hexxu Services and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Hexxu Services or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Product or Third Party Solution or the use of this Product or Third Party Solution by any person using your User Account / License (including without limitation, Your Content (as defined below)) or Third Party Solution Account violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Hexxu Services reserves the right to suspend or terminate your License with or without cause, upon thirty (30) days notice without cause, or immediately without notice with cause or for any action that Hexxu Services determines is inappropriate or disruptive to the Product or to any other user of this Product.

Without prejudice to the above, Hexxu Services reserves the right to suspend or terminate Customer’s License immediately, with or without notice, in particular if Hexxu Services reasonably determines that:

(a) Customer’s or its Users’ use of the Product or Customer Content disrupts or poses a security risk to the Product , any Third Party Solutions or any user of the Product , may harm Hexxu Services’s systems, or may subject Hexxu Services or any third party to liability;

(b) Customer or any User is using the Product or Third Party Solution for fraudulent or illegal activities;

(c) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;

(d) Customer or any User is using the Product or other Hexxu Services property in breach of these Terms or is using any Third Party Solution in violation of the concerned Third Party Solutions terms and conditions;

Customer agrees to pay the License Fees applicable to Customer’s and its Users’ use of the Product. License Fees will be paid on ad hoc basis in accordance with Customer applicable plan as agreed with Hexxu Services when you registered for the License. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.

License Term. The License Term shall commence on the Effective Date as defined below and will remain in effect until the expiration or termination of license period, whichever occurs first. “Effective Date” is the date You enter into these Terms by creating and registering an account with us on our website, or by mutually executing one or more order forms with us which reference these terms, or by otherwise accessing or using any part of the Product in any manner.

The terms of payment are net 8 days after invoice date unless order is placed and paid by credit card.

The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by Hexxu Services.

The prices, rates and types in force from time to time can be found on Database Extension Kit’s website and may be changed at any time without prior notice. All prices exclude VAT which shall be applied at the prevailing rate.

Refund. If you are not 100% satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order. This will generally be done using the same manner you used to make the purchase.

All refund requests should be made in writing by contacting our support team.

As displayed in the pricing page available on the DBExtensionKit website – https://www.dbextensionkit.com/pricing/ , Customer applicable licenses will be based on the number sites on which the Product will be used.

In case of non-payment for any reason (including, if applicable, internet payment processor’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Hexxu Services shall be entitled to immediately suspend Customer’s and Users’ licenses upon notice. You acknowledge that Hexxu Services may suspend or terminate your rights to use the Product if You are in breach of these Terms.

Customer agrees that Customer’s paid use of the Product is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Hexxu Services regarding future functionality or features.

If You register or use a free tier offer, we will make the Product available to You on a free tier basis until the start date of any purchased License subscriptions ordered by You for.

Any information provided by the product and/or the service, other than the Customer’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to Hexxu Services unless stated otherwise by Hexxu Services. The Customer shall notify Hexxu Services of any actual or suspected infringement of Hexxu Services’ intellectual property rights and any unauthorized use of the Product / the license that the Customer is aware of.

No intellectual property rights are assigned to the Customer.

In relation to any and all material uploaded by the Customer and any and all Customer data, the Customer grants to Hexxu Services, its suppliers and sub-contractors a non-exclusive worldwide irrevocable license to provide the Product and related services including marketing services to the Customer. The Customer represents and warrants that no uploaded material or Customer data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.

Furthermore, any comments, ideas and/or reports about the Product that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Hexxu Services will only process Customer data in accordance with the Customer’s instructions and not for its own, unauthorized purposes.

Hexxu Services will keep confidential all of the Customer’s confidential information that the Customer provides to Hexxu Services save to where such information has come into the public domain other than by breach of this clause, or where Hexxu Services has obtained the information from a third party without a duty of confidence or where it is required to be disclosed by a regulatory or government body or court of competent jurisdiction.

Hexxu Services shall take all necessary technical and organizational security measures to ensure the safe and secure processing of any Customer data.

Where the Customer provides information, usernames or passwords in relation to any third party systems, information feed or service to Hexxu Services, the Customer shall warrant that the provision of such information or the storage and use by Hexxu Services of such information shall not breach the terms and conditions for such service or any other third party rights. The Customer shall indemnify and hold harmless Hexxu Services from any and all loss, damage, cost and expense arising from breach of this clause.

Your use of the Product indicates your acceptance of the terms of our Privacy Policy. You can review the most recent version of our Privacy Policy at: https://www.dbextensionkit.com/privacy-policy/.

“Confidential Information” means all non-public information disclosed in written, oral or visual form by either party or its affiliates (the “disclosing party”) to the other or its affiliates (the “receiving party”). Confidential Information may include, but is not limited to, services, pricing information, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party, its affiliates and/or their employees and contractors; (3) has been rightfully received without obligation of confidentiality from a third party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to or use of, directly or indirectly, confidential information disclosed hereunder.

Neither party will use any Confidential Information of the other party except (i) as necessary to exercise its rights and fulfill its obligations under these Terms, (ii) as expressly permitted by these Terms or (iii) as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care. The receiving party may not disclose the disclosing party’s Confidential Information to any person or entity other than to those of its affiliates, employees and contractors (and its affiliates’ employees and contractors) who: (i) are subject to a written agreement with the receiving party that includes use and confidentiality restrictions that are at least as protective as those set forth in these Terms, and (ii) need access to such Confidential Information solely for the purpose of fulfilling the receiving party’s obligations or exercising the receiving party’s rights hereunder. Awesome Gapps may also disclose Customer’s Confidential Information to Google Inc (or any of its affiliate) and/or to any Third Party Solution interoperating with the Service for the sole purpose of rendering the Service. The foregoing obligations will not restrict the receiving party from disclosing Confidential Information of the disclosing party: (1) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party required to make such a disclosure gives reasonable notice to the disclosing party prior to such disclosure; and (2) on a confidential basis to its legal and financial advisors.

THE PRODUCT AND INTEROPERATION WITH ANY THIRD PARTY SOLUTION IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Hexxu Services MAKES NO WARRANTY THAT (I) THE PRODUCT OR THIRD PARTY SOLUTION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE PRODUCT OR THIRD PARTY SOLUTION WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE OR THIRD PARTY SOLUTION WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE PRODUCT OR THIRD PARTY SOLUTION WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.

IN NO EVENT SHALL Hexxu Services BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE PRODUCT AND/OR THIRD PARTY SOLUTION, EVEN IF Hexxu Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Hexxu Services RELATED TO ANY OF THE PRODUCT OR THIRD PARTY SOLUTION SHALL BE TERMINATION OF THE LICENSE. IN NO EVENT SHALL Hexxu Services’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH A JURISDICTION.

You understand and agree that Hexxu Services set fees and entered into these Terms with You in reliance upon the limitations of liability set forth in these Terms, which allocate risk between the parties and form the basis of a bargain between the parties.

God, acts of government, fire, or flood, provided that upon cessation of such events such party shall thereupon promptly perform or complete the performance of its obligations hereunder.

During the term of these Terms, if You choose to become a paying customer of the Service, Hexxu Services may (i) orally state that You are an Hexxu Services customer, (ii) include Your name or trademarks, trade names, service marks or logos in a list of Hexxu Services customers (whether in Hexxu Services’ online or offline promotional materials) and (iii) generally describe the products or services it provides to You in its promotional materials, presentations and proposals to other current and prospective customers. You may revoke Hexxu Services’ right to use your trademarks, trade names, service marks or logos under this paragraph with written notice to Hexxu Services and a reasonable period to stop the use.

These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the Republic of Cyprus. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the Republic of Cyprus.