This Agreement was drafted in Hungarian and English, and in case of differences between the two language versions, the provisions of the Hungarian language version shall prevail.
The technical information necessary for the use of Xeropan not contained herein, is available on the Website or is offered by other informative notices within the application.
2. Company and contact data of Service Provider
Name: Xeropan International Korlátolt Felelősségű Társaság
Registered office: 4028 Debrecen, 14 Simonyi Road
VAT number: 26304706-2-09.
Company registration number: 09-09-029639
Customer service, contact, notifications: email@example.com
Representative: Mile Ferenc (managing director, independent), Al-Gharawi Madzsid Attila (managing director, independent)
The User acknowledges that the use of Xeropan, depending on the platform of use, may be subject to the Terms and Conditions of Apple App. Store and Google Play, and the User acknowledges to be responsible for compliance with such terms and conditions. The User acknowledges that the Service Provider is entitled to make, at its own discretion, Xeropan and any versions of it available at any platforms, in any geographical area or through any marketing channels, is entitled to refrain from doing so, to limit or terminate the availability of Xeropan or of its versions, or not to make or make, but subject to limitations, certain Xeropan functions or services available at any certain platforms, through certain marketing channels or in certain geographical areas.
The Service Provider reserves the right to make changes, at its sole discretion, to the entire or parts of the Agreement, to add or remove provisions. In this case, by continuing the use of Xeropan or any of its elements, the User shall expressly accept these modifications starting from their entry into force (starting from the date written after the title “Reviewed:”). The Service Provider may modify unilaterally the Agreement entered by and between the Parties only in the cases below and due to the reasons below. The User accepts the following cases and reasons as valid grounds for unilateral modification:
* it is justified by changes to Xeropan functions and contents, user interface, its running on new platforms or any changes to its specifications;
* it is required by legal regulations or other regulations;
* it is required upon a court decision or other administrative decision;
* it is to remedy inaccuracies, clerical errors, typing errors, calculation errors or erroneous drafting;
* it is required by the terms and conditions or other relevant rules of such platforms or the technological environment;
* it is necessary to provide the Users with extra entitlements.
The Service Provider undertakes to notify, prior to the unilateral modification of the Agreement concluded by and between the Parties, the User of the contents and date of such unilateral modification. The Parties stipulate that the User is entitled to unilaterally terminate this Agreement at any time, including the case of unilateral modification of this Agreement. The Parties stipulate in this regard that any further acts of use are subject to the acceptance of currently applicable version of this Agreement.
In order to be up-to-date with these changes, the User is advised to regularly visit the Xeropan website, where the archive of previous versions can be accessed.
5. Description of the service
The Service Provider declares that the Xeropan application is available for download free of charge, and certain services are available for use free of charge. The User acknowledges that premium services, functions (hereinafter referred to as: PRO or PRO services) beyond those available free of charge, are subject to payment obligation as follows:
- video lessons
- (vocabulary, vocabulary tests and video or grammar tests)
- weak and strong nouns
- 1 speaking lesson
1 grammar lesson
1 Mini grammar in tests
The User is entitled to access PRO services and to use the services of PRO services upon subscription. Accordingly, the User pays the fee for PRO services in advance for a period defined in advance. Periods of different fees are published on the dedicated surface of the Xeropan Application and Website. Subscription periods for PRO services and their fees are established by the Service Provider freely. The User is entitled to use the following services on the basis of PRO services as follows:
- No advertisements (unless otherwise provided in this Agreement)
- Speaking lesson at all levels
- Grammar lessons
- Mini grammar in tests
- Use of the category “Favourite words”
- Use of all word categories
- Profile pictures and Max Professor avatars
- Opportunity to choose another level without taking a test
- Checking function
The User expressly acknowledges that Xeropan services that can be accessed only against payment create an obligation to pay according to the conditions listed below, and that the prices listed in the Xeropan mobile application and on Xeropan Website are gross prices. The User may pay for using the premium services of the Xeropan application with coins only. Xeropan coins (in various packages) are available in the “Shop” of the application at the indicated prices. The Service Provider reserves to right to change the indicated prices at his own discretion, which is without prejudice to pending PRO periods, namely PRO already paid for. Furthermore, the User acknowledges that pending PRO periods cannot be interrupted or suspended, and that the price of such periods cannot be reclaimed under any legal title if the Service Provider has complied with the agreement.
By downloading the application and signing in (in case of the Xeropan Website by signing in), the User is entitled to have access to the PRO Package Services for a trial period of consecutive 7 days (168 hours) chosen by the User, free of charge. The User acknowledges that he needs to make all statements and indicate all data and information that are required for the non-free use of the PRO Package in order to have access to the trial period. Furthermore, the User acknowledges that should he not discontinue using the PRO Package at the end of the trial period, the Service Provider will proceed, without further notice, in accordance with the statements made by the User beforehand, and the User will be under the obligation to pay the price of the services.
Further PRO period free of charge for inviting new users: Users may invite one or more friends to use the Xeropan application. In this case, the Xeropan system sends out, on behalf of the User or in its name, system massages to the invited friends with information concerning the possibility of using the application. By accepting this Agreement, the User expressly gives his consent for and authorise Xeropan to send out system massages on his behalf in the context of the function of “obtaining free coins”. Upon the User’s explicit consent, Xeropan bears no liability for such requests. The User acknowledges to have the possibility of inviting friends to use Xeropan. The User acknowledges that the Service Provider is entitled to determine the period of a free PRO period unilaterally and at its own discretion, depending on as to whether the User invited all of his friends, on how many friends the User invited or on any other circumstances.
• “Watch advertisements” feature: the User can obtain a certain number of Xeropan badges determined in the Application by watching a video advertisement. The User has the possibility to view the video advertisement several times, however, the number of views and certain content is restricted, access is restricted depending on the possibilities or depending on the decision of the advertising service provider.
• “Facebook like” and “Twitter like”: the User can obtain Xeropan badges one time by following the Facebook and Twitter pages of Xeropan.
• One-time badge credit upon filling in a questionnaire: by filling in the questionnaire located in the Settings menu, the User can obtain a one-time Xeropan badge.
• For the results achieved in the course of using Xeropan: Xeropan badges can be obtained depending on the performance of the User.
• Completion of challenges: the User can obtain Xeropan badges by completing the triple challenge package that can be found in the user profile.
From time to time, for shorter or longer periods, the Service Provider, at its sole discretion, shall notify the User regarding discounts or promotional shopping possibilities (hereinafter referred to as: Discounts). Information about the terms and conditions of the Discounts shall be provided in the course of using the Xeropan mobile application in accordance with the rules set out therein. The Service Provider is entitled to introduce, terminate or change the terms of the Discounts at its sole discretion.
By using Xeropan, the User declares that he complies with the conditions, set out herein, required for accepting this Agreement.
The Service Provider is entitled to review registrations, and by observing the requirements of equal treatment, withdraw, at its discretion, the approval given for registration, and deny access to Xeropan. The User shall be responsible for ensuring that the data entered is up-to-date and true. If the data is discovered to be false or the Service Provider suspects that the data provided is not authentic, the Service Provider is entitled to deny access without prior notification or cause.
The Xeropan may be used by persons over the age of 16. Users over the age of 16 are entitled to give their consent for the processing of their personal data and for the validity of the their such consent, the consent and the consent of approval of their legal representatives is not required. Users over the age of 18 who are not limited, either fully or partially, in their capacity to act are eligible to accept this Agreement in their own names. If a User under the age of 18 wishes to use Xeropan, he may accept this Agreement or make any statements required for using Xeropan in respect of such User, only through his statutory representative or subject to the approval of his statutory representative.
The User is entitled to use Xeropan if he enforces his rights duly and use the application in accordance with its intended purpose. The enforcement of rights and the use of Xeropan qualify as being in accordance with their designated purposes if the provisions of this Agreement are met and the functions and principles of Xeropan are complied with, respectively. The use must not be, either directly or indirectly, commercial and must not result in commection use either. Xeropan is the sole owner of Xeropan.
In the course of using Xeropan, the User is liable for the accuracy and veracity of the data provided by the User.
If the User discloses information that is subject to copyright protection while using Xeropan, he must warrant that he is the copyright holder and that he expressly gives his consent for Xeropan to use such contents free of charge, not exclusively, irrevocably, eligible to transfers, without geographical and technical restrictions, regardless to the method, level and purpose of using. Reproduction, distribution, public performance, communication to the public by broadcasting or any other way, retransmission to the public through an organisation other than the original one engaged in broadcasting, transformation and exhibition qualify, inter alia, as use.
The User acknowledges that the Service Provider is entitled to check the use of Xeropan, and to make, at its own discretion, the arrangements it deems necessary, without prior notice and justification, if user’s activity that is in conflict or is contrary to the Agreement, the laws or the Service Provider’s value judgement is detected.
The User acknowledges that it is his responsibility to use the Xeropan mobile applications in accordance with their intended purpose and in good faith, to ensure that he uses an up-to-date version of the application. The User acknowledges that the Service Provider, when publishing a new, updated, modified or otherwise different version of Xeropan, may decide to remove the previous versions or conditions of Xeropan, irrespective of as to how it affects the number and specificities of Xeropan functions and services. The Service Provider cannot be held responsible for any damage or harm that could have been avoided if the latest version of Xeropan had been used when the damage occurred, or the damage or harm is the result of the User’s using Xeropan in a way other than its intended use, in breach of the Agreement or not in good faith.
The User pays the price of the use of the PRO Package for the periods (PRO periods) set out in the dedicated surface of Xeropan, in advance for the whole period. By paying the price, the User is entitled to access and use the PRO Package for a definite period. The User acknowledges that, depending on the length of PRO periods, the fee per unit time may vary at the Service Provider’s discretion.
The Service Provider may change the price of the PRO Package from time to time, and notifies the User of the change. The new prices are applicable from the beginning of the subscription period following the period in which the User was notified of the changes. If the User does not accept this change of price, he is entitled to refuse it by unsubscribing from the GPO Package before the price change becomes applicable.
The PRO Package will be renewed automatically, without further statements, upon the expiry of the PRO period concerned, unless the User unsubscribe from the PRO Package on the dedicated Xeropan surface before the end of the PRO period concerned. As a result of the renewal as per this paragraph, a new PRO period of the same length as the previous PRO period starts (excluding PRO periods free of charge), and the User is obliged to pay the price on the first day of the new PRO period. With a view to the payment of the price of the new PRO period, the Service Provider is entitled, as of the due date of the payment and up to the amount of the price, to initiate payment in the name of the User. The User, by accepting this Agreement and providing the Service Provider with his data required for making payments, expressly authorises the Service Provider or the third party acting on behalf of the Service Provider to initiate such payments. If the User does not pay the price of the PRO Package, the Service Provider may suspend or terminate access to the PRO Package.
Unsubscription from the PRO Package takes effect on the day following the last day of the subscription period, and as of that day the User is entitled to use free Xeropan services only. The Service Provider is under no obligation to refund the price of a pending PRO period. Furthermore, the User acknowledges that pending PRO periods cannot be interrupted or suspended, and the price of pending PRO periods cannot be reclaimed under any legal title if the Service Provider has complied with the Agreement. Accordingly, if the User has started to use the PRO Package, the PRO period must be continuous and cannot be interrupted, it cannot be interrupted even at the User’s request. The PRO Package may only be used by and is accessibly from the registered account of the User who started using the PRO Package, the right to use a PRO Package cannot be transferred.
7. Newsletter subscription
Simultaneously with accepting this Agreement and in the process of registration in the Xeropan mobile application via Facebook or Google+ accounts, the User can subscribe to newsletters and other advertisements sent by the Service Provider. The User may, at any time, withdraw his consent by clicking on the “Unsubscribe” link located at the bottom of the newsletter. After unsubscribing, the User shall not receive any newsletters or other advertisements from the Service Provider, and the Service Provider shall delete the User’s data from the list of subscribed Users.
In the course of using Xeropan, the Service Provider can provide advertising possibilities to third-party advertising service providers. The content of advertisements or links to other websites than the Xeropan website, are not under the control of the Service Provider, and it shall not be responsible for their content or the privacy practices of the advertising service providers. During the term of a PRO subscription, the Service Provider does not provide advertising possibilities to third-party advertising service providers, excluding elements qualifying as business advertisements that form part of the Xeropan services and of the contents subject to use (especially including the case where reference to a third party or a reference with such purpose is made in the context of using a Xeropan function, e.g. in a lesson).
9. Supervision, governing law, jurisdiction
The head office of the Service Provider is located in Hungary, however, Xeropan can be accessed and downloaded in many other countries of the world. Users who wish to use Xeropan from countries outside of Hungary declare that they shall do so by their own decision and they shall comply with the laws of Hungary, and for the settlement of disputes shall submit to the competent courts in whose jurisdiction the registered office of the Service Provider is located. The User and the Service Provider acknowledge that they shall first try to settle disputes amicably and in case of unsuccessful negotiations they shall resort to the judicial forum mentioned above.
Complaints, observations or difficulties encountered by the User in the course of using Xeropan can be sent to firstname.lastname@example.org describing, whenever possible, the circumstances of the case in the interest of swift problem-solving.
If possible, the Service Provider shall immediately remedy the complaint of the User. If immediate remedy of the complaint is not possible, depending on the nature of the complaint or if the User does not agree with the remedy of the complaint, the Service Provider shall draw up a minute of the complaint, which shall be kept for five years together with the Service Provider’s substantive response to the complaint.
Service Provider shall formulate, within 30 days, a substantive response to written complaints.
In case of rejection of the complaint, the Service Provider shall inform the User about the grounds for rejection.
11. Other enforcement possibilities
If a consumer dispute between the Service Provider and User cannot be resolved by means of negotiations with the Service Provider, the User, in its capacity as consumer, can resort to the competent arbitration board located in the jurisdiction of the User’s place of residence or stay, and can initiate the procedure of the Board, or the User can resort to the competent Arbitration Board located in the jurisdiction of Service Provider’s registered office, or alternatively, the User can resort to the following enforcement possibilities:
• File a complaint with the authority for consumer protection,
• Initiate the proceedings of the arbitration board
Competent Board located in the jurisdiction of the Service Provider’s registered office:
ARBITRATION BOARD OF HAJDÚ-BIHAR COUNTY
Address: 4025 Debrecen, 13-15 Vörösmarty St.
Tel: 52-500-710, 52-500-745
Administrator: Brigitta Nemes
In the application of the rules governing the Arbitration Board, consumers shall be considered to include NGOs, churches, cooperatively owned buildings, housing cooperatives, micro, small and medium-sized enterprises, which are governed by separate legislation, and those who purchase goods, order, receive, use, or are the addressee of the commercial communication or offer related to the good.
- Initiation of court proceedings.
Xeropan is owned solely and exclusively by the Service Provider including without limitation all copyrights, trademarks, know-how, and any other intellectual property rights, trade secrets.
Xeropan is the intellectual property of the Service Provider. The User acknowledges that he is entitled to any version of Xeropan only as an end-user, and does not have exclusive right to it (i.e. is entitled to use Xeropan simultaneously with other users). The User’s using of Xeropan, therefore, is not allowed to aim at financial gain, to reduce or obtain the income of the Service Provider, to distribute Xeropan as a product (except for recommending it to others), or to make it available through distribution channels that are not approved by the Service Provider. In this context, the Service Provider accepts the following provisions:
Copyright belonging to the Service Provider shall include without limitation the entire or part of the Xeropan website, written content, images and video content placed on the website by the Service Provider, the entire or parts of the Xeropan mobile application, and the written content, image and video content therein and all works, subject to copyright protection under Act CLLVI of 1999 on Copyright or subject to the protection of databases under the Act on Copyright, that are available to the User in the course of using Xeropan or through using Xeropan.
The Service Provider grants an end-user’s licence, which is not subjected to geographical limitation, cannot be transferred, does not entitle to holder to grant sub-use, and is not exclusive, to Users to download through Apple App. Store and Google Play the Xeropan mobile application and to install it devices, without limitation as to the number of such devices, owned or used by the User, to use (run and display) Xeropan (including the Website and the mobile application) in respect of all forms of use that falls within the scope of designated use and are expressly offered or available to the User during the running of the application. In addition to this paragraph, the use in any form (including but not limited to reproduction, distribution, public performance, communication to the public by broadcasting or in any other manner, retransmission of the broadcast work to the public with the involvement of another organization than the original one, alteration, exhibition), the reproduction, selling, storing or copying of materials listed above without the written authorisation of the Service Provider is prohibited.
This Agreement does not contain, either expressly or implicitly, any provision upon which the Service Provider transfers to any other party the exclusive rights or proprietary rights of intellectual works, or the right to use or exploit intellectual works on a commercial scale, for financial gains, or to use or exploit intellectual works in way that allows adaption, distribution, broadcasting to the public or reproduction
Saving on a data carrier or other physical storage medium or printing of the content or certain parts of Xeropan for personal use or with the prior written consent of the Service Provider shall be permitted. Use beyond personal use -- for example storage in a database, transmission, publishing or making it available for download, commercialisation or any other use aiming at or resulting in financial gains, or use on a commercial scale -- shall be made only with the prior written authorisation of the Service Provider.
Beyond the rights expressly defined in these TOU, through the use of Xeropan or in the light of any provisions of the TOU, the User is not entitled to use or exploit any trade names or trademarks available on the website or in the application. Apart from the displaying, the temporary multiplication necessary for this, and the copying for personal use in the course of the intended use of Xeropan, these intellectual works cannot be used or exploited in any other form without the prior written authorisation of the Service Provider.
The Service Provider reserves all its rights on all elements of its service, especially on the www.xeropan.com domain name, the subdomains related to it, all other domains registered by the Service Provider, their subdomains, and the Service Provider’s internet advertising spaces. All activities intending to list, organise, archive, hack the Service Provider’s database or reverse engineer the source code are prohibited, except if Service Provider has given special authorisation for this.
In the absence of a special agreement or in the absence of services contracted for this scope it is prohibited to modify, copy, insert new data or overwrite existing data in the database of the Service Provider by circumventing the platform provided by the Service Provider or search engines.
Registered trademarks, brand names and domain names of third party natural and legal persons referenced in Xeropan are owned exclusively by the natural and legal persons who have registered these. Trademarks, brand names and domain names registered by the Service Provider are owned exclusively by the Service Provider, and it is prohibited to use them in any form, in the course of commercial activities or otherwise, without the written authorisation of the Service Provider.
Legal consequences of infringements
If the Service Provider, personally, through one of its collaborators or through any other sources, notices the violation of its copyright or infringement of its trademark, brand name or domain name, it is entitled, for each infringement and for each occasion, to obligate the user or infringer to the payment of a penalty of HUF 100,000 per day until the cessation of the infringement. Expenses incurred in the process of proving the infringement shall be borne by the infringer. The Service Provider shall be entitled to claim damages beyond the amount of the penalty.
Indemnity, hold harmless and protection provisions
The User undertakes to fully indemnify, protect and hold harmless the Service Provider, its representatives, employees, agents, entrepreneurs, and other collaborators from and against any loss, liability, claim, demand, lawsuit, expense or cost caused directly or indirectly, due to or arising out of
A) The use of the products and services of Xeropan, the participation of the User at programs and games organised by the Service Provider in connection to Xeropan, the User’s any kind of access to Xeropan, or the User’s publishing, submission, transmission (in any format but especially by electronic or postal means) of any kind of written content, image or video materials or other content to the Service Provider.
B) User’s violation of the terms of this Agreement, any applicable laws, or the rights of the Service Provider, or any rights of any third party;
C) Any activity related to the User’s Facebook or Google+ account or password;
D) The use or reference to any materials published, submitted, transmitted to the Service Provider by other users (in any format but especially by electronic or postal means).
If any of the provisions of this title “Indemnity, hold harmless and protection provision” is not applicable in respect of a given User in consideration of a legal provision that must be applied in the Parties’ legal relationship or for any other reason, the provision or provisions so concerned must be replaced by provisions that are closest to these provisions as to their contents, are lawful and provide for the widest possible obligations of indemnity, hold harmless and protection.
Limitation and exclusion of liability
User acknowledges that the Service Provider provides its services “as is”, with all faults and “as available” to the User. The Service Provider undertakes no responsibility for any possible direct or indirect damage to the PC or other property of the User (including virus attacks), which occurred during the use of Xeropan, irrespective of the legality or illegality of the use.
The User acknowledges that all payment transaction made in the course of using Xeropan and in connection with Xeropan are processed and carried out by third parties in accordance with the terms and conditions, data protection policy and other policies and rules established and adopted by the third party or third parties. The Service Provider expressly excludes its liability for any conducts or failures of such third party or third parties. The User is advised to seek thorough and detailed information on the terms established by third parties.
The Service Provider undertakes no responsibility for data connection errors, for direct or indirect damage to the PC or other damage to any other property of the User due to the temporary or permanent unavailability of the service.
The correction of the qualitative, technical or information inaccuracies or errors on any platform of Xeropan (including social media) is the exclusive right of the Service Provider, which the Service Provider can carry out at its sole discretion, without prior notice and without reason.
The Service Provider shall not be liable for any insulting, offensive or illegal post, content or illustration on any other websites related to any platforms of Xeropan (including social media).
The Service Provider shall not be liable for infringing any other laws outside the territory of Xeropan Hungary or for any other types of compliances.
The Service Provider shall not be liable for content transmitted or submitted in the course of using Xeropan by Users or third parties.
The Service Provider shall be liable for claims arising as a result of its infringement of the provisions of this Agreement or infringement of other laws only if the intentional breach of contract or infringement of the law by the Service Provider (with respect to the Agreement) is established by a court decision.
The User may use Xeropan at his own risk, and accepts that the Service Provider shall not be liable for the material and non-material losses that occur during its use, and that the Service Provider cannot be held liable beyond the intentional non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
The Service Provider excludes all liability for the conduct of the users of Xeropan. In the course of using Xeropan , the User shall make sure not to infringe the rights of third parties or any laws either directly or indirectly. The User is fully and exclusively responsible for his own conduct, and the Service Provider shall fully cooperate with the competent authorities in the investigation of infringements.
The Service Provider is entitled, but not obligated to review the materials submitted by users in the course of using Xeropan, and with respect to the submitted materials the Service Provider is entitled, but not obligated to search for indications that illegal activities are continued.
Xeropan may contain links to the websites of other service providers. Service Provider shall not be liable for the privacy practices and activity of others.
Because of the global nature of the Internet, the User shall accept that the use of Xeropan shall be made with the observance of the applicable national laws as well.
If any activity in connection to the use of Xeropan is not allowed according to the law of the User’s country, the User shall exclusively bear all liability for using the service.
If any of the provisions of this title Exclusion and limitation of liability is not applicable in respect of a given User in consideration of a legal provision that must be applied in the Parties’ legal relationship or for any other reason, the provision or provisions so concerned must be replaced by provisions that are closest to these provisions as to their contents, are lawful and exclude Xeropan’s liability to the fullest extent or, should it be not possible, limit Xeropan’s liability to the extent possible (including the exclusion of liability for indirect and consequential damage).
Right of termination
Pursuant to Section 29(1) Government Decree 45/2014 (II. 26.) Korm., concerning contracts for services, the User is not allowed to exercise the right of withdrawal after the service has been fully performed if the Service Provider started performing the service upon the User’s express and prior consent and the User has acknowledged that the right of withdrawal will be terminated upon the full performance of the service.