Terms of Subscriptions

Dear Customers,

These Terms of Subscriptions ("ToS") are not meant to disable or limit any of your rights conferred upon you as a consumer by mandatory provisions of the law. In case of incompatibility between these ToS and the mandatory provisions of the law, the priority is given to these mentioned second.
This document has been originally written in Polish. This is its English translation. In case of any inconsistency between this Agreement and its translation, the Polish language version shall prevail.

We encourage you to take a closer look at the ToS.

Definitions

MasXLs - the MasXLs company represented by Wojciech Masłoń (correspondence and firm address: ul. Puchalskiego 3/2, 32-500 Chrzanów, Małopolska, Poland); NIP: 6282138881; REGON: 123010084; e-mail adress: info@masxls.com, phone: (+48) 660 596 558

Services – either free or paid services, provided electronically by the MasXLs

Shop – ITC system as an internet service providing Services, owned by the MasXls, containing the functionality of an on-line store, available on web page www.masxls.com

Customer, You – a person with full or limited legal capacity, legal person or an organizational unit without legal personality, making use of the services provided by the MasXLs or concluding this ToS with the MasXLs.

Account - marked with an individual name (e-mail address), protected by a password given to You by  the MasXLs, a collection of resources on the MasXLs website (www.masxls.com), in which the data is being gathered and stored for you. Your Access to it and resource management is implemented in the website mentioned above. Possession of Account(s) is necessary in order to use the commercial version of Product

Account Settings – a section in the Shop used for collecting all necessary Customer Data needed for the full use of the Shop’s functionality

Contact Form – contact form to reach MasXLs via e-mail, available on the Shop’s website:  http://www.masXLs.com/t/contuctus

Product – Software in form of computer files available on the MasXLs’ website (www.masxls.com), being the subject of this License, including registry information, such as the Product’s unique activation key, assigned to the Account, Documentation, computer files as examples. Through Software Customer should also understand any updates, modifications, additions, and copies

Related Products - Products, through which the possible use of the Services, including the performance or calling Calculation

License - agreement between you (also called the Licensee) and MasXLs defining the Terms of Use of the Products. The content of this License is to be found at www.masxls.com/t/license

Documentation - printed materials, "Online" files or documentation in form of a text or a PDF file, as well as any materials available on Software containing information or providing instructions (e.g. a dialog box with help instructions)

Order – your invitation to make a sale agreement for the Subscription with MasXLs

Offer – declaration submitted to you by MasXLs being an offer to conclude a sale agreement for the Subscription according to your order

Shopping Cart – functionality containing Subscriptions chosen by you for purchase and enabling You to enter the discount code number, as well as identifying and modifying the Order data (for example the number of Subscriptions)

Providers Payments - company, that offers on-line services for accepting electronic payments by a variety of payment methods including credit card, bank transfers based on online banking and others

Privacy Policy – document attached to the Terms of Use, available on the Shop’s website (http://www.masXLs.com/t/policyinfo)

ToU – Terms of Use, agreement between You and the MasXLs for using service provided by www.masxls.com, the content available on  www.masxls.com/t/conditionsofUse.

ToS – this document, Terms of Subscription, is an attachment in the ToS, the subscription agreement for software and services which are the subject of subscription, which is a legal document that regulates the relationship between You and the MasXLs, available on the main website of the Shop at http://www.masXLs.com/t/subscriptions;

Electronic transfer – payment made by You using Your on-line bank account through the on-line payment systems

Device – an electronic terminal device, through which You use the Shop’s service, such as computer, mobile phone etc.

PDF - (short for Portable Document Format) a file format with the same name developed by Adobe Systems, which can be read after downloading it to any electronic device, equipped with a PDF reader

Excel file –a file format developed by Microsoft, which You can handle having the MS Excel software (part of the software package MS Office)

Currency Converter – functionality of the Shop, enabling You to realize the Order in the currency chosen by You.

Invoice, Bill – an evidence of purchase in the Shop expressed in the form of a set of data identifying the order You placed in the Shop.

Calculation - performance of the service involving the sending and receiving data using the Products or other tools or data communications systems provided by MasXLs, on Your individual request, wherein data are transmitted over public networks

Limit - the maximum number of possible Calculation per day (24 hours)

Subscription - subscription for limited use of a Service or collection of Services or access to the parts of the Shop, usage may be personal and non-transferable, for a family, or under certain circumstances, for a group utilizing a service at one time and its are not available to customers who have not purchased Subscription

Subscription period - specified period to provide the Services as part of Subscription

Token - it is an individual and a unique string available in the Account Settings, in the "Customer information" used to perform Calculations or other Services and features manage via Related Products

A. General Terms

1. ToS lays down rules provide the Services in the form of subscription, including Cloud Services.
2. Subscriptions are available to Customers who has registered Account, whether free or for a specified period (Subscription period) and by the conditions contained in the description of the Subscription, which is available on the Shop's website.
2. Subscriptions are available only for Customers who have purchased access in accordance with the procedure submission of the Order set out in Part B hereof.
3. The Service which is the subject of the Subscription can be made available along with the Products, Related Products (or other software made available and authorized by MasXLs).
4. In order to use the functionality available in the Subscription, Customer undertakes to use the Service exclusively through the Shop or related products unless the conditions specified in the description subscription state otherwise.
5. In cases not covered by ToS, apply the conditions set by the ToU. ToU conditions are set out in full on the site (www.masxls.com/t/conditionsofUse and are incorporated by reference into ToS).

B.    Terms for the purchase Subscription

1.    You can place Orders for the Subscription that are available in the Shop for 7 (seven) days a week, 24 (twenty four) hours per day.
2.    Subscription can be given in exchange for payment or free of charge.
3.    Placing an Order, You should refer to the technical requirements, the description of the particular Subscription and or Related Product, ToS, which contains, including, among others, with the provisions on the scope of the License granted.
4.    To accomplish Orders for the Subscription, You have to possess the Account on the Shop.
5.    In order to submit orders it should be:
    a.    Choose a product that is the subject of Orders
    b.    Click on the "Add to Cart" button.
    c.    Click on the "Shopping Cart" in the menu (or click the "Go to Cart"), that appears the Order Form.
    d.    If the above steps were performed correctly, You must read and accept the ToU, then click "Checkout".  You will be redirected to the page "Checkout", related to the implementation of payment.
        i.    Select or enter a new address, which will appear on the account and confirm by selecting "Next".
        ii.    Select a payment method and confirm by selecting "Next".
        iii.    There will be presented an additional information about the payment, You should click "Next".
        iv.    Confirm the displayed contents of the contract containing the address data, the method of delivery and the costs associated with its implementation - clicking "Confirm". Placing Orders by You is submitting the offer to conclude a sale agreement for ordered Product.
        v.    After placing orders on e-mail address indicated in Your Account will be sent a confirmation of receipt by the MasXLs with the Orders placed by Yourself. If the execution of the Orders is possible, an e - mail will be sent with a confirmation message adoption the Orders for execution. Confirmation of the  Orders for the implementation of the statement the MasXLs of acceptance of the Offer referred to above (p. iv)
6.    By using Currency Converter You have the right to choose the currency, according to which the Order is realized.
7.    Execution of the Order including Related Product starts after the receipt by the Shop to confirm the correct execution payment of the Providers Payments. You receive an e-mail confirmation of payment and completion of the Order by the MasXLs. The MasXLs’ email is sent from an e-mail: info@masxls.com.
8.    Additionally, for registered Customers. In the Account Settings click on "Downloadable products":
    a.    There is a link "Download" used to download the full version of the Related Product.
    b.    If the Related Product is supplied with the content of the Licence, there is also the link "Download License"
    c.    If the Related Product has been made available in the demo version, there is a Activation Key for the Related Product
9.     The Order status can be verified in the Account Settings.
10.    Customer service registered Shop gives You the ability to generate the Invoice to file in PDF format, or to print. To do this:
    a.    Log in to the site Shop.
    b.    Go to the "Settings” of Account, then in the "Orders"
    c.    Search for the Order with a specific number and click on "Details". Page appears "Order", containing possibilities:
        i.    generate a PDF file using the "PDF Invoice"
        ii.    print content on the Customer printer using the "Print".
11.    After purchase of the Related Product You receive the shared functionality of the service called "Downloadable products". It is located in the Account Settings. Through it, You have always an acquired access to the full version of the Related Product and/or the Activation Keys. This functionality is only available to the registered Customers.
12.    If subject of the Order was the Related Product, which was entitled to an Activation Key, the key will be sent by e-mail with information about the Order.
13.    The Order statuses available on the Shop:
    a.    Cancelled – the Order has been cancelled
    b.    Pending - waiting for payment from You
    c.    Processed - waiting for the execution of Order from the MasXLs
    d.    Completed – the Product is available on the Shop, realizing the Order
14.    The Orders are realized automatically 7 days a week, 24 hours a day. Realization of the Orders takes place after receiving the payment via Payment Providers. In the case of Payment Providers, this action may take up to 10 minutes.
15.    Through the Order realization, You declares that You agree to activate Services immediately and directly after the purchase of Subscription.
16.    Purchase the another Subscription with the same range of Services (the same range of functionality or features) will result in an extension of the Subscription Period in access to the Services, under condition that the current Subscription is active. It will be only applied only to subscribe to the identical range of Services. It is not possible extension of the Subscription Period by purchasing the Subscription to a different range of Services (other range of functionality or features).
17.    Information about the Subscription period the Customer can find in the Invoice mentioned in point. 10.
18.    Detailed information on other ways to supply constraints or forms of payment are defined in the section E.
19.    The MasXLs reserves the right to limit the methods of delivery and payment methods in respect of the Subscription, product categories or the amount of the ordered Subscription.
20.    The MasXLs reserves the right to limit the methods of delivery and payment methods in relation to You, which made the notorious Orders, and then cancel them.
21.    To accomplish the Order is required to have accounts on the Shop.
22.    The Shop is not responsible for the failure of an e-mail with information about the execution of the Orders, if the above is due to circumstances on You (i.e. filled e-mail box).
23.    If the execution of Order is not possible, the Shop inform You by sending a message to the e-mail address used by You to log in to the Shop. In the case of payment, Shop will refund the paid funds to the bank account indicated by You in accordance with the conditions described in section H of ToU.
24.    You may modify or cancel the Order. This can be done in the course of submitting Orders by going to the Shopping Cart - then is able to:
    a.    Update the Order through using the "Update shopping cart":
        i.    removing the Subscription
        ii.    changing the number of Subscriptions in the Order
    b.    Continuation purchases - in order to complete the Order for the other Products, use the "Continue shopping".
25.    In the absence of this section shall apply mutatis mutandis the provisions of other parts of the ToU.

C.     Cloud Services

§1.    Terms of using the Cloud Services

1.     After completion of the formalities related to the Order realization on the selected Cloud Services Subscription, You have access under the terms contained in the description of the Subscription.
2.     Cloud Services may be provided without any fee, free of charge as known asa Trial Service Cloud Services (Trial Subscription).
3.     Subscription Trial gives you the right to use without any fee, free of charge the Cloud Services, with access to the full functionality or features in the same range as for the paid version of the Subscription. The Subscription Trial shall be issued once and individually for testing purposes. Information about the trial period You can read in the description of the Subscription.
4.     In the case of paid subscriptions, the Subscription is active for the period for which fees have been paid. Start using the Services begins at the moment of Subscription activation (see Part B, point 15). After the expiry of the paid period the Cloud Services will be stopped, unless the fee paid for a further period, access to subscribed services parts of Shop or other Services, including Cloud Services.
5.     Cloud Services can be used only by You as the holder shall of Subscription, using a single device at the same time. In the case of use simultaneously by two or more Customers of Your the Subscription may be a warning violation of ToS.
6.     If the fault of MasXLs, You will not be able to use the Cloud Services, part of the Service or the functionality set forth herein Subscription by following consecutive period of 24 consecutive hours, then MasXLs extend the paid Subscription period purchased by the period in which the use was not possible.
7.     The Subscription parameters such as price, scope of services provided Cloud Services functionality may change. Individuals, who have acquired Subscription will not have to pay any additional payments for the period for which a fee was paid.

§2.    Related Products, Limits and Calculations

1.     Use of Cloud Services may require additional software (Related Products), which MasXLs is obliged to provide to the Customer in whether free or through the purchase of the Product. At the same time the use of unauthorized software by MasXLs is a violation of these ToS.
2.     Related Products may require You to enter additional information in the form of a Token to fully use the features (Cloud Services).
3.     You as the holder of the Subscription are entitled to use the Cloud Services only by You. For security purposes, please note that individual Token should not be shared with third parties.
4.     You are may execute (call) Calculations using the Cloud Services. Number of Calculations, which You can perform in a day is limited by specific value of the Cloud Services titled as the Limit.
5.     Information about the current Limit and used Calculation number, you may obtain by using the Related Products in the Cloud Services section, in the field titled Remains. Information about granted Limit You can also be found in the text of the Invoices attached to the purchased the Subscription (see part B, point 10.).
6.     MasXLs may determine in its sole discretion the Limit and/or the number of Calculations that can be made available for You, as a form of premiums for the activity.
7.     Disposable (one) execution of Calculation for the use of the Services, has an impact in a reduction by unit of available numbers Calculations.
8.     Calculations can not be exchanged for cash.
9.     Calculations and the rights to Cloud Services or other Services are not transferable to another Customer or third parties either free of charge or with a fee.
10.    Calculations are assigned to a particular functionality/ies (the version of Cloud Services) offered within a given Subscription, and not assigned to the customer, in the case, when You are use other versions of Cloud Services. Available Calculations of the selected version Cloud Services can not be used to take advantage of another. For example, If You are making Calculations under the Subscription for Cloud Services Standard version, it is not possible to make Calculations using the Cloud Services at Professional version and vice versa.
11.    Number of the available Calculations is renewed with the next day during the Subscription Period to the value specified by the Limit.
12.    The expiry date unused Calculation expire on the day of termination of the subscription. After the expiry of the subscription period or the occurrence of an event referred to in the previous sentence, calculations are lost, subject to the provisions of point. 8 and 9.
13.    Each purchase of the Subscription provided for You, for remuneration resulting prolongation of the using Calculation (in full of) remaining at the disposal by You at the purchase date, however no longer than until expiry of the Subscription. The granting of Calculation for free on the terms specified by MasXLs, in particular, as a form of bonuses for activity on the Services, will not take effect described in the previous sentence of this paragraph.
14.    A customer who does not use the calculation of the period of their validity or until termination of the to use the Cloud Service, may not claim no compensation whatsoever from MasXLs.

C.     Termination of the ToS

1.     Validity of the Agreement shall commence upon realization of the Order on the Shop by You. Unless the Agreement is previously terminated pursuant to the provisions of the ToS, the Agreement shall remain in force for the period resulting from the the Subscription chosen by You and can be renewed automatically or by purchasing the Subscription for further periods.
2.  You have the right to withdrawal from the Agreement:
    a. At any time, if the Order was not paid by You,
    b. You have the status of consumer within 10 days from the date of the Agreement. If the Related Product was linked pay and has been downloaded by You - You loses the right to withdrawal from the Agreement in the part containing the terms associated with the Related Product, in accordance with Art. 10 paragraph. 3 Section 5 of the Act of 2 March 2000. On protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000, n. 22 pos. 271 with later. D).
3.     MasXLs reserves the right to terminate the Agreement with immediate effect, block the Account or denial of Services to You in the future in case of gross violation of the relevant provisions of the ToS, binding legal regulations or if we are obligated to do so by the appropriate public authorities. The Agreement also expires MasXLs by applying the sanctions for violations of ToS or parts of the Shop which prevent further use of the Subscription, ie. In particular the sanctions delete the Account. Fees paid in both cases mentioned above are non-refundable.
4.     You have the right to terminate the Agreement with immediate effect, in case of change in the scope of benefits under the purchased the Subscription.
5.     Termination of the Agreement occurs with the expiry of the Subscription period.
6.     Using the the Subscription you can manually at any time to give up, closing the account in the Shop. Fees paid in the above mentioned case are non-refundable.
7.     In the case of a statement of resignation, when You begin using the Subscription period of notice is a minimum of seven days, but not earlier than the end of the calendar month (unless the Subscription is due to expire before the end of seven days, the notice period is equal to the number of days remaining the end of the period for which it was purchased Subscription), followed by a return of part of the fees beyond the period of notice. The value of the return fee may be reduced by the costs incurred by MasXLs in connection with the Payment Providers. The statement referred to in the first sentence, must be sent in writing by registered post to the address of MasXLs.

D.    Final Terms

1.    All rights to the Subscription of any kind, which are not expressly granted in this Agreement are entirely and exclusively reserved to and by the MasXLs.
2.    The content of ToS is not intended and is not to be understood as an attempt of excluding or modifying any statutory rights, warranties or conditions, under national legislation or other state apprenticeship or other consumer legislation. If permitted by law, the responsibility of the MasXLs for breach of this Warranty or its conditions is exclusively confined to the supply of Services covered by ToS. The MasXLs at its sole discretion may determine the conditions necessary to correct the above-mentioned violations.
3.    ToS is to be governed by the Polish law, and You agree on Polish jurisdiction and venue.
4.    ToS constitutes the entire agreement between the parties of ToS due to the subject of ToS and supersedes all prior licences agreements (concluded orally or in writing).
5.    Failure or delay in executing by the MasXLs of any right or position of ToS must not be deemed a waiver of such right or position due to this position or any subsequent breach.
6.    Should any position of this ToS be held by a court of competent jurisdiction for contrary to law, it is to be enforced to the maximum extent permissible and the remaining positions of ToS stay upheld.
7.    Yours personal data are protected in accordance with our Privacy Policy. Terms of Privacy Policy are fully set out on www.masxls.com/t/privacyinfo and are incorporated by a reference to this Agreement.
8.    The MasXLs reserves the right to change the content of ToS. Any change in this document is valid since the date of publication on the MasXLs’s website. The Subscriptions placed before the date of concluding the valid and up to date version of the ToS are to be realized under the previously valid terms.
9.    The MasXLs has a right to periodically make changes in this ToS. The introduction of major changes in the way of using information about You is to be advertised by sending an e-mail to the primary e-mail address given on the Account or by placing the information on the main the MasXLs website.

Date of the last update: 1 August 2015