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Allgemeine Nutzungsbedingungen

 

 

§1

GENERAL PROVISIONS

  1. These General Terms and Conditions, hereinafter called “GTC”, constitute an agreement between you and X Open Hub Ltd., hereinafter referred to as “X Open Hub Ltd”.
  2. This GTC specifies terms of use of the services offered by X Open Hub Ltd, concerning in particular the purchase of the Applications, development of the Applications, cooperation with Developers, access to xAPI and its documentation and access to forum on X Open Hub Ltd websites, and other services, features and functionalities X Open Hub Ltd may introduce.
  3. This GTC is written, adapted and made available to Users in accordance with the requirements of the Applicable Regulations.
  4. Prior to using the Service you must carefully read this GTC. You must not use the Service, unless you accept this GTC.
  5. You may contact X Open Hub Ltd by sending an e-mail to the address specified on xStore’s Website or via a contact form located on xStore’s Website.
  6. Browsing Service does not require registration. In order to purchase Applications, you must register with the Service.
  7. Content may be modified by X Open Hub Ltd from time to time. The rules of changing herein GTC are described in § 14 point 1 below.
  8. Settlements with X Open Hub Ltd may be carried by well renowned institutions providing online money transfer services. User is hereby made aware that such services are not provided by X Open Hub Ltd and X Open Hub Ltd may not be held liable for any performance or non-performance of such institutions. User should always carefully analyze the terms of using such services.
  9. User is obliged to refrain from any activity that could affect proper functioning of the Services, including, in particular, any interference with the content of the Service or technical elements, including any publication of illegal, offensive or abusive content. It is forbidden to use the Service for other purposes than its intended use as described in herein GTC, including, in particular, spamming, placing in the Service of any advertising or promotional materials.
  10. For information on how your information is collected, used and disclosed by X Open Hub Ltd, particularly in connection with your use of the Service, please refer to Privacy Policy published on xStore’s Website.
  11. X Open Hub Ltd may assign its rights and obligations under these GTC to its business partners or to any company in Capital Group to the extent permitted under Applicable Regulations. Additionally, X Open Hub Ltd may assign its rights and obligations under these GTC to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. You may not assign this Agreement or any rights or duties under it without the written consent of X Open Hub Ltd.
  12. By accepting herein GTC you agree to use Content, Applications and Service solely as permitted in GTC and in any additional terms that you may be presented by xStore or through the Service.

 

§2

DEFINITINIONS

 

Applicable Regulations – applicable to this GTC and this agreement:

  1. law;
  2. regulations; and
  3. applicable acts issued by public, corporate bodies, market operators or other market participants on the basis of laws, regulations mentioned in point a) – b), in particular resolutions, decisions applicable to the Service.

Application – software developed by X Open Hub Ltd or Developers also with the use of xAPI placed or published or admitted to be placed or published in the Service, which may be free of charge, payable or demonstrative.

Capital Group – capital group to which X Open Hub Ltd belongs, including X Open Hub Ltd’s dominant entities and and/or its affiliates and subsidiaries.

Content – all information, Applications, codes, data, text, software, music, sound, graphics or other materials placed or published or that are about to be placed or published in the Service.

Consumer– as defined in the Applicable Regulations.

Developer – User provided with a Developer’s Account, developing Applications, Content or other software in accordance with herein GTC.

Developer’s Account – User’s Account with additional features, enabling User to participate in Applications’, Content’s or other software’s development and subsequent placing or publishing it in the Service.

Personal Data – personal data as defined in Applicable Regulations.

Privacy Policy – privacy policy describing processing of your data by X Open Hub Ltd available on xStore’s Website.

Product Page – a website available through the Service devoted to particular Application or other Content and including in particular this Application’s or Content’s specification data and/or pricing information.

Professional Information – trading or financial information, in particular information on financial planning, accounting and investments, and any other information which may be used for professional activity, or supportive to gain profit, in particular with respect to trading activity.

Service – X Open Hub Ltd’s multifunctional webpage enabling in particular purchase and download of Applications or other Content, finding, contacting Developers, submitting Applications and other Content, participation in development projects, utilizing xAPI or using xStore’s Website forum, and other functionalities X Open Hub Ltd may introduce.

User – a registered pursuant to this GTC person or an entity utilizing functionalities of the Service in accordance with the GTC.

User’s Profile –profile of a registered User containing User’s details and personal information.

User’s Account – registered User’s interface made available by X Open Hub Ltd enabling electronic access to the Service.

User’s Content - any content posted or that is about to be posted by the User in the Service, including, in particular, photos, posts on forums, reviews of Applications, other data and any content of any nature which may be posted by User in any functionality of the Services.

User Support – X Open Hub Ltd’s customer support which contact details are available on xStore’s Website.

Trading Account – a trading account with a X Open Hub broker which cooperates with X Open Hub Ltd.

xAPI – an application programming interface made available by X Open Hub Ltd.

xAPI Specification – a technical description and specification of xStation’s API available on xStore’s Website.

X Open Hub Ltd – X Open Hub Ltd with its registered office at St. Ogrodowa 58, 00-876 Warsaw, entered into register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, XII Commercial Division, in the National Court Register under number 0000454027.

xStore’s Website- a website available on www.xstore.pro address or any other internet address made available by X Open Hub Ltd.

X Open Hub– Trading environment organizing inter alia brokers, liquidity providers, software houses and other entities utilizing X Open Hub technologies including among others xStation platform. For further information on X Open Hub, please refer to http://xopenhub.pro/

 

§3

TECHNICAL REQUIREMENTS AND SERVICE AVAILABILITY

  1. In order to utilize the Service in accordance with herein GTC the User needs:
  2. an active X Open Hub Trading Account;
  3. computer with access to the Internet and a web browser of one of the following types: Internet Explorer, Google Chrome, Mozilla Firefox, Opera or Safari; and
  4. an active e-mail.
  5. You acknowledge and accept that the availability of Service and Applications may vary, in particular due to maintenance and update shutdowns of the Service. The Service may not be available partially or in whole in some countries.
  6. Service operations and some of its features may also be dependent on the network, compatibility of the devices used and formats supported by your devices.
  7. X Open Hub Ltd may, in its sole discretion, change, correct or discontinue Service in whole or in part for any reason, subject to Applicable Regulations.
  8. X Open Hub Ltd may disable any Content in the Service for any reason and remove any Application in order to protect X Open Hub Ltd, Service, Applications, Developers, wireless carriers, or any other affected or potentially affected parties and in order to comply with Applicable Regulations.
  9. Particular services, Content or Applications may be a pre-release version, for example a beta release, and may not work in the way a final version works. X Open Hub Ltd may significantly change any version of Service, Content or any Application or decide not to release a final version.

§4

REGISTRATION

  1. Only registered Users may purchase Applications.
  2. In order to register with X Open Hub Ltd and create User’s Account you must complete a registration form, by providing your name and surname, e-mail address, postal address, access password to your User’s Account, accept herein GTC and Privacy Policy. Please be noted, that X Open Hub Ltd may verify your personal data and email address upon registration.
  3. Registration and using Service’s functionalities, except of purchasing Applications is free of charge.
  4. Upon successful registration, you may login with the Service through User’s Account by using the data provided to You in the registration process.
  5. In order to remove the User’s Account You should send an email with a request to delete your User’s Account to the User’s Support. Such request shall be processed upon your prior identification pursuant to herein GTC.
  6. The personal information you submit or place in the Service or User’s Account must be truthful and complete. You are obliged to keep that information updated i.e. inform us any time such information changes. You must take due care to protect your e-mail, password and other login details against misuse by others and promptly notify X Open Hub Ltd about any misuse. You are personally responsible for any use of your User’s Account. Furthermore, you agree to notify X Open Hub Ltd of any unauthorized use of your User’s Account. X Open Hub Ltd shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this point.

§5

APPLICATION’S PURCHASE

  1. In order to log into the Service and your User’s Account you must provide your e-mail address, password or other login details you used or which you were provided during your User’s Account registration process. The data you provided during registration process may be changed after logging into the User's Account.
  2. Logging into the Service enables in particular purchasing Applications, browsing and applying for job offers, using forums and other functionalities made available through the Service.
  3. By logging into User’s Account you gain access to your User’s Profile. You may change User Content in your User’s Profile and manage your personal details.
  4. In order to purchase and utilize Applications, you may need to have an active X Open Hub Trading Account and to be logged into your User’s Account.
  5. While browsing Application categories, choose the one, which interests you, and enter its Product Page or other website made available by X Open Hub Ltd. The Product Page or other facilities made available to You by X Open Hub Ltd may specify technical requirements or contain additional terms of use which may vary or supplement the requirements or terms of use of the Applications or other Content which are specified in herein GTC. In order to use this Applications or Content you will need to fulfill and accept such additional or altered requirements or terms of use.
  6. In order to download a free of charge or demonstrative version of Application or other Content you need to choose it on the Product Page or in other facility made available to you by X Open Hub Ltd.
  7. In order to purchase payable Application or other Content You need to choose it in the Service. You shall be redirected to payment system utilized by X Open Hub Ltd or third party provider. You may pay by credit or debit card, network service provider, or other payment methods if available.
  8. Upon the confirmation of payment you will be able to access the application purchased, or granted with access to web-based Applications. 
  9. You agree that all purchases done through the Service through Your User’s Account shall be legally valid and binding contracts. All purchases are subject to prior acceptance by X Open Hub Ltd. Your instrument of payment must be valid at the time of the purchase and must be used within its credit limits.
  10. If not stated otherwise, all prices indicated in the Service include relevant taxes effective at the time of your purchase.
  11. In some cases, your bank or other entity involved in payment process on your behalf may additionally charge from your bank or credit card provider currency conversion rates and/or additional fees. X Open Hub Ltd takes no responsibility for any payment of bank or any other financial institutions fees or charges you may incur.

 

§6

USER’S CONTENT

  1. Some functionalities of the Service, including but not limited to: reviews of Applications, forums or developer’s corner enable User to post User’s Content. User must comply with provisions of this paragraph while posting any User’s Content. Provisions of this paragraph apply accordingly to all new features and services X Open Hub Ltd may introduce through the Service.
  2. User’s Content posted with the Service should be compatible with the nature of the Service. In particular, it should be factual and relate thematically to threads, Applications, Content or functionalities in which User posts them.
  3. User’s Content in forums or reviews, and within other functionalities must not include in particular, not substantive or off-topic messages, promoting or advertising materials, links to other sites and must not advertise or promote other services, products or companies.
  4. Additionally, you agree not to:
  5. post, transmit, link to, or otherwise distribute any Applications, User Content, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to any criminal liability, or otherwise use Service in a manner which is contrary to Applicable Regulations and other laws or would serve to restrict or inhibit any other User or third party from using or enjoying Service;
  6. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  7. post, transmit, link to, or otherwise distribute any information, materials or content which contains a virus, cancel bot, trojan horse, worm or other harmful or disruptive component;
  8. use any other technologies or initiate other activities that may harm X Open Hub Ltd, or the interest or property of the Service’s Users or any third parties;
  9. disrespect the privacy of others;
  10. use any automated systems or means to access, acquire, copy or monitor any part of the Service;
  11. distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
  12. submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate User Content; and
  13. violate any Applicable Regulations, any third parties rights or GTC, as well as additional terms of use or requirement provided pursuant to herein GTC.
  14. Furthermore you agree to:
  15. obtain any consents, permission or licenses that may be legally required for you to submit any User’s Content;
  16. be responsible for the consequences related to the User’s Content that you post.
  17. You hereby acknowledge that by posting User’s Content you make it public on your own risk. X Open Hub Ltd to the widest possible extent specified in the Applicable Regulations cannot be held liable for any damages, losses including lost profits resulting from your placement of User’s Content.
  18. By submitting User’s Content to the Service you grant X Open Hub Ltd a world-wide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the User’s Content to incorporate the User’s Content into other works, and to grant similar sublicenses to the extent necessary for X Open Hub Ltd to provide the Service.
  19. X Open Hub Ltd may:
  20. monitor or moderate any User’s Content;
  21. remove any User’s Content from the Service; or
  22. restrict User’s access to any part of the Service at any time in its sole discretion.
  23. You acknowledge that X Open Hub Ltd may investigate any violations of Applicable Regulations and other laws, which may apply to your performance with respect to the Service, and may cooperate with law enforcement authorities in prosecuting Users in this respect.
  24. In case of any violation or breach of the GTC or Applicable Regulations, X Open Hub Ltd reserves the right to delete any User’s Content and User’s Account in its own discretion.

 

§7

PROFESSIONAL INFORMATION

  1. Some of the Applications or Content placed or published in the Service by other Users may distribute or produce information related to professional fields such as, without limitation, accounting, financial planning and investments “Professional Information”. X Open Hub Ltd does not produce or distribute such information and does not endorse it in any manner. X Open Hub Ltd, subject to Applicable Regulations is not liable for any damages, losses or lost profits as a result of such information usage and the User uses such information on his own risk. The User should be aware that such Professional Information should be used for supportive, educational or entertainment purposes only and should not be interpreted as a recommendation for a specific investment plan, product, course of action and should be not utilized for the purpose of his investment activity.
  2. Use of Applications, Content or Service by any means does not replace consultations with a qualified financial advisor or any other relevant professional. You hereby acknowledge that you choose professionals who support you on your own risk and X Open Hub Ltd may not be held liable for their advisory and actions under no circumstances.
  3. You hereby acknowledge, that the Professional Information is frequently updated, it changes rapidly and therefore, some of the Professional Information may be out of date on a short notice, thus might not be reliable.

§8

INTELLECTUAL PROPERTY

  1. The Service, Applications and Content are protected under Applicable Regulations. X Open Hub Ltd claims copyrights in Service, Content, and Applications to the maximum extent as permitted by Applicable Regulations. Subject to this GTC, X Open Hub Ltd retains all right, title and interest in the Service, Content and Applications and in all other X Open Hub Ltd products, software and other properties shared or provided to you/ by you or used by you through the Service.
  2. Use of the X Open Hub Ltd does not grant User any rights to Intellectual Property or to any Content or Applications in the Service, in particular to xAPI, except of the rights explicitly granted in this GTC.
  3. User does not purchase the ownership of the Application or other Content. User purchases a non-exclusive, non-transferable license to install and/or the Application or other Content on his device and use it on that device in accordance with herein GTC or other terms and conditions if applicable to particular Application or Content. You may not copy the Applications or other Content. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Applications or other Content. For open source licensed software, applicable open source license terms apply. X Open Hub Ltd grants you a non-exclusive, non-transferable license, revocable at any time at xStore’s Ltd sole discretion, to access and use Service strictly in accordance with herein GTC. X Open Hub Ltd provides you with Content and Applications developed by X Open Hub Ltd, other Users or third parties. X Open Hub Ltd grants you a non-exclusive and perpetual license to use Content and Applications for the purpose that they are intended. You are bound by any restrictions applicable to specific Content or Application you obtain through the Service. You have only the rights to the Content and Applications which are expressly granted here, unless agreed otherwise.
  4. The use of Applications may be subject to separate terms and conditions that you must accept before using the Applications. If there are no separate terms and conditions applicable to such Applications herein GTC applies.
  5. Applications or other Content may be subject to export controls and other restrictions under various regulations. You agree to strictly comply with all regulations, which may apply to you and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer or import Applications or other Content.
  6. X Open Hub Ltd’s trademark, and all associated designs, multimedia, graphic, videos and logos are trademarks of X Open Hub Ltd. All other products, brands and company names, designs, multimedia, graphics and logos used or mentioned by X Open Hub Ltd or in the Service may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing in the Service or on xStore’s Website without the express written consent of the owner of the trademark is strictly prohibited.

 

§9

DEVELOPERS

1. General Provisions

  1. X Open Hub Ltd reserves the right in its sole discretion to decide whether or not to grant you a Developer’s Account. Upon your Developer’s Account being set up, you may in particularly submit your proposed Application via the application development form.
  2. X Open Hub Ltd grants Developer with a limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the xAPI to develop Applications.
  3. You may use xAPI in order to learn how Service works and to develop Applications to help you decide whether or not you like to distribute an Application through the Service or develop it for personal purposes.
  4. X Open Hub Ltd will review each submitted Application and may, in its sole discretion, decide whether your proposed Application is suitable to be placed or published in the Service. If your submission is successful then X Open Hub Ltd shall contact you using contact details you provided. Further development of the Application shall be subject always to you. X Open Hub Ltd may ask you to develop different types of your Application with different functionalities which could be free of charge or payable.
  5. X Open Hub Ltd will not make any Application available to Users until it is positively verified and certified by X Open Hub Ltd and has no obligation to make any submitted Application available to Users.
  6. X Open Hub Ltd will, in its sole discretion, make all decisions regarding placement or promotion of Applications within the Service.
  7. X Open Hub Ltd may remove or suspend the availability of any Application for any reason or no reason. X Open Hub Ltd may also disable copies of an Application hosted on its servers if X Open Hub Ltd believes that it could cause harm to Users, third parties or any network, or to comply with any judicial process, government order, lawsuit settlement or Applicable Regulations.
  8. X Open Hub Ltd can make the Application available to Users via the Service payable or free of charge. This includes any updates of the Application. Updates of the Applications are subject to all the requirements of herein GTC.
  9. X Open Hub Ltd can distribute the Application, by enabling Users to download it and acquire licenses to the Application.
  10. You hereby acknowledge and agree that X Open Hub Ltd, or other Developers may be independently creating Applications, Content or other products or services that may be similar to, or competitive with your Application, and nothing in these GTC will be construed as restricting or preventing X Open Hub Ltd and such Developers from creating and fully exploiting any such Applications.
  11. Upon your request, for the purpose of Application’s development, you may enter separate agreement with X Open Hub Ltd, which terms and conditions may vary from those provided in herein GTC. Provisions of such agreement supersedes provisions of herein GTC.
  12. X Open Hub Ltd can allow Users to comment on and rate Applications or Content. X Open Hub Ltd may use those ratings and other data to determine the placement or marketing of Applications or Content in the Service. The submitted Application or Content may be subject to User’s ratings with which Developer may not agree. Any attempt to manipulate the ratings is strictly forbidden.
  13. If the Developer terminates herein GTC or requests X Open Hub Ltd to remove the Application from the Service for any reasons X Open Hub Ltd may reproduce and continue to make the Application available to Users in accordance with herein GTC.

 

  1. Terms of Use of xAPI
    1. In order to use the xStation’s API, you must first accept herein GTC.
    2. You hereby acknowledge that xAPI may be modified, and subsequent versions of xAPI might be released at any time. In case of any changes of xAPI, xStore shall release a changelog indicating xAPI’s modifications.
    3. All development of an Application and Content must be in accordance with the xAPI Specification and the provisions of herein GTC.
    4. Unless agreed otherwise with X Open Hub Ltd, You agree that xAPI may only be used to create an Application or Content for use on a personal basis or to be distributed via Service and for trading purposes only;
    5. Unless agreed otherwise with X Open Hub Ltd, you may not sell the Application or Content, charge any person for use of the Application or Content or otherwise derive any income from any person’s use of the Application or Content otherwise than as specified in herein GTC.
    6. You shall not interfere or attempt to interfere in any manner with the proper functioning of xAPI, or distribute or develop the Application or Content in any way that interferes with or adversely affects the functionality or performance of X Open Hub Ltd or Service.
    7. The Application or Content must comply with xAPI Specification
    8. You are solely responsible for your use of xStation’s API and for your Application and Content. You shall ensure that the Application and Content complies with all Applicable Regulations, including without limitation laws regarding personal data, privacy and intellectual property.
    9. X Open Hub Ltd has no obligation to provide you with support, software upgrades, enhancements or modifications of the xAPI. You understand and agree that you are solely responsible for the development of your Application or Content. X Open Hub Ltd shall not support development of your Application or Content unless agreed otherwise.
    10. Furthermore you hereby acknowledge that:
  2. xAPI is provided on an "as is" and "as available" basis and that X Open Hub Ltd and its licensor makes no warranties, representations or conditions of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed,
  3. X Open Hub Ltd and xAPI licensor specifically makes no warranties that xAPI will be provided on an uninterrupted, timely, secure or error-or virus free basis or that such services or the results derived there from will meet your requirements and/or expectations.
  4. the use of the xAPI is at your sole risk. Except for as provided in Applicable Regulations, X Open Hub Ltd to the widest possible extent specified in the Applicable Regulations is not liable for any direct damages caused by your use or inability to use the xAPI and X Open Hub Ltd will not be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the xAPI.
    1. As between X Open Hub Ltd and you, all copyright and other intellectual property rights in and to the xAPI and any other materials provided to you by X Open Hub Ltd for use shall be owned exclusively by X Open Hub Ltd or X Open Hub Ltd licensors. For the avoidance of doubt, nothing in the herein GTC shall be construed to convey, and you by virtue of these GTC shall not acquire, any ownership interest in any intellectual property to xAPI. You shall not contest, or assist others in contesting, the validity, enforceability, ownership or title of any intellectual property to xAPI.

 

  1. Developer’s warranties and liability
    1. Developer is solely responsible for selecting all content made available through the Application, including any marks as name, trademarks, logos, icons, titles, product descriptions, and screenshots provided to X Open Hub Ltd for use in connection with the marketing and distribution of Application through the Service.
    2. If X Open Hub Ltd receives any claim from a third party requesting that the Application should be changed or removed, X Open Hub Ltd may refer that claim to Developer, who must comply with the notice as soon as reasonably practicable, but no later than within 14 (fourteen) days.
    3. X Open Hub Ltd will not be a subject of any legal actions concerning content, usability or rights to submitted Application taken against Developer or X Open Hub Ltd by a third party and will transfer any claims concerning Applications available through the Service directly to Developer who submitted the Application.
    4. Developer agrees to take sole responsibility for the content and usability of the Application.
    5. If Developer discovers that the Application violates the terms of herein GTC, he is obliged to notify X Open Hub Ltd, which will be entitled to cease the distribution of the Application.
    6. Developer represents, warrants and undertakes to X Open Hub Ltd that:
  2. The Application, together with all advertising or other materials accessible from or that provide access to the Application, complies with and will continue to comply with all requirements of herein GTC and Applicable Regulations;
  3. Is at least 18 years of age (or the age of full legal capacity in his location) on the date of submission of Application to the Service;
  4. Listing and distribution of the Application in the Service does not and will not violate any agreements to which Developer is a party or of which Developer is otherwise aware, and does not and will not misappropriate or infringe the intellectual property or proprietary rights of any third party;
  5. xStore’s Ltd exercise of the rights granted under herein GTC will not obligate X Open Hub Ltd or any members of Capital Group to pay any third party any amounts;
  6. The information provided to X Open Hub Ltd under or in connection with this Agreement is true, accurate, current, and complete;
  7. He possesses all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to develop Application and to provide Application and perform his obligations hereunder;
  8. The Application shall comply with all Applicable Regulations.
    1. Developer hereby acknowledges, that Application must comply with provisions of the herein GTC with respect to User Content.

 

  1. LICENSING
    1. By submitting Application to the Service you grant X Open Hub Ltd worldwide, non-exclusive, irrevocable, royalty-free, non-revocable and perpetual right and license to:
  2. record and reproduce Application using specific techniques, especially by printing, reprographics, and by magnetic or digital recording;
  3. to distribute, lend, or rent the original or copies of Application;
  4. to disseminate the Application in any manner other than that specified in the first two items, above, especially by public performance, exhibiting, projection, play back, broadcasting, and retransmitting, and by making the work publicly available in such a way that anyone can access it in a place and at a time chosen by that person;
  5. to sell the Application via Service in xStore’s Ltd own name and on own account.
    1. You also grant to X Open Hub Ltd, and any of its partners and Capital Group, a worldwide, non-exclusive, irrevocable, royalty-free right and license to use, attach, include, reproduce and display parts of your Application in connection with the marketing of your Application, X Open Hub Ltd or Capital Group. You also grant X Open Hub Ltd a worldwide, non-exclusive, irrevocable, royalty-free right and license to translate the meta-data of your Application and Application descriptions that you provide when submitting the Application into other languages supported by X Open Hub Ltd or its partners and Capital Group, for marketing purposes of your Application.
    2. You hereby grant X Open Hub Ltd an exclusive royalty free, perpetual and non-revocable license to distribute your Application through X Open Hub Ltd and receive remuneration for each copy purchased by X Open Hub Ltd Users, while You will retain right to commission for each purchased copy Your Application pursuant to herein GTC.
    3. In the application development form, you specify the desired price for every sold copy of Application. X Open Hub Ltd will strive to sell the Application at that given price. However, X Open Hub Ltd retains its right to alter the desired price, subject to Applicable Regulations. This will depend on X Open Hub Ltd assessing inter alia Application’s popularity, average rating with X Open Hub Ltd, functionalities, reliability competitiveness, capacity of further development.

 

  1. Payments

X Open Hub Ltd will pay Developer a commission per each sold copy of Application through the Service as specified in the Table of Conditions published on xStore’s Website.

 

§10

COMPLAINTS, WITHDRAWALS

  1. User has the right to file a complaint in case of improper functioning of Services to xStore’s Ltd User Support.
  2. X Open Hub Ltd will examine the reasons and the grounds of such a complaint and will answer the User without undue delay, but always not later than within 14 days from the moment the Client filed a complaint.

§11

PERSONAL DATA PROTECTION

 

  1. The data controller of the data submitted by the User during the registration process is X Open Hub Ltd. User has the right to view his/her personal data and the right to change his personal data provided during the registration process. Client is obliged to inform X Open Hub Ltd about any changes of his personal data provided during the registration process or later.
  2. By accepting herein GTC the Client agrees that his Client’s personal data processed by X Open Hub Ltd may be conveyed to xStore’s Ltd Affiliates and processed by them for their advertising purposes in accordance with the applicable personal data protection regulations. This consent may be revoked at any time by providing a written notice to User’s Support.
  3. By accepting herein GTC the Client agrees to receive via electronic means of communication commercial information from X Open Hub Ltd or xStore’s Ltd Affiliates concerning their services. This consent may be revoked at any time by sending a written notice to User’s Support.
  4. By accepting herein GTC the User hereby authorizes X Open Hub Ltd to reveal User’s personal and financial data such as personal and financial information, copies of User’s application documents or information contained in those documents to xStore’s Affiliates which exchange services with the User or X Open Hub Ltd, solely for the purposes of executing this agreement or agreements the User or X Open Hub Ltd concluded with these entities. xStore’s Affiliates are companies controlled or owned by X Open Hub Ltd or companies under the common control with X Open Hub Ltd, or that maintain in constant cooperation with X Open Hub Ltd and include banks, investment firms, financial services companies, auditors, IT companies, Introducers, advisors or courier companies (hereinafter referred to as “xStore’s Ltd Affiliates”). User hereby authorizes those entities to receive such information or documents and use them solely for the purposes of performing the obligations resulting from the agreements mentioned above.
  5. Some Applications or Content placed in X Open Hub Ltd once downloaded or activated by the User in any manner may collect personal data or other data about the Users or other persons using them. The Users are hereby made aware that X Open Hub Ltd is not the data controller of such data nor it processes it nor it controls the manner in which the Application or other Content placed by other Users work.
  6. The Developer undertakes to X Open Hub Ltd that if his Application or other Content placed in X Open Hub Ltd collects and processes personal data or other sensitive information the Developer shall comply with all Applicable to him Regulations in particular that it shall comply with all applicable laws in relation to the collection, protection and transfer of personal data.

 

§12

LIABILITY

  1. X Open Hub Ltd to the widest possible extent in accordance with Applicable Regulations cannot be held liable for any damages, losses or lost profits resulting for the functioning, improper functioning of the Service, Applications or any other Content. In particular X Open Hub Ltd will not be liable for any damages which are caused by reasons that are beyond X Open Hub Ltd’s control. In accordance with the above X Open Hub Ltd will also not be liable for any damages, losses or lost profits of the Users or any third parties caused by any third parties or Users which choose to utilize the Service
  2. Furthermore to the widest possible extent as specified in Applicable Regulations:
  3. X Open Hub Ltd does not warrant that Applications and Content shall be error free, and does not make any warranties with respect to the results of utilization of Applications and Content;
  4. Applications and Content are provided by other Users of the Service on an "as is" basis without any xStore’s Ltd warranties whether expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise.
  5. X Open Hub Ltd and anyone else involved in developing Applications and Content shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Applications or Content or inability to use the Applications and Content or out of any breach of any warranty or any damages resulting from loss of use, data or profits, whether in an action based upon contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the Applications or other Content.
  6. Users hereby expressly agree that the utilization of Applications and Content is at their own risk.
  7. X Open Hub Ltd, to the fullest extent permitted under Applicable Regulations, cannot be held liable for any interference, including interruption in the operation of Service due to force majeure, unauthorized acts of third parties or incompatibility of Service with User’s technical infrastructure.

 

§13

INDEMNIFICATION

By accepting herein GTC the User agrees to the widest possible extent, subject to Applicable Regulations, to forever indemnify and hold X Open Hub Ltd harmless from and against any and all claims, damages, costs (including those stemming from regulators or public authorities and including counsel fees and court costs) of other Users or third parties, resulting from or arising out of:

  1. User’s breach of herein GTC and agreement;
  2. User’s infringement or violation of any Intellectual Property rights or other Applicable Regulations or privacy of any User or third party;
  3. misuse of the Service by a third party or other Users where the misuse was made possible, in particular by User’s failure to take reasonable measures to protect his e-mail, password or other personal and financial information against misuse;
  4. functioning or improper functioning of any Application or any Content placed by the User in the Services.

 

§14

FINAL PROVISIONS

  1. This GTC may be changed by X Open Hub Ltd from time to time by serving at least a 14 days prior notice and in case of Table of Conditions a 7 days prior notice. Such changes shall not affect the rights acquired before their entry into force. The current version of GTC is accessible on xStore’s Website.
  2. If any provision of the GTC shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
  3. If a provision of the GTC is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the GTC. In the event one or more provisions of the GTC are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the GTC as a whole.
  4. This agreement may be terminated by any of the Parties with immediate effect for any reason.
  5. In case the User is a Consumer X Open Hub Ltd may terminate herein agreement with immediate effect if the User breaches herein GTC or Applicable Regulation or in case there is a dispute between the User and X Open Hub Ltd. X Open Hub Ltd may also terminate herein agreement with a 14 days prior notice for important reasons.
  6. The termination of the GTC shall not terminate the rights previously acquired by the Parties, subject to Applicable Regulations, in particular the licenses granted by the User to X Open Hub Ltd pursuant to §9 and other provisions of herein GTC. For the avoidance of doubt X Open Hub Ltd will be in particular able to distribute, market and sell the Applications or other Content submitted by the Developer in an uninterrupted manner despite of termination and the User shall retain the right to the commission or remuneration pursuant to herein GTC.
  7. The GTC and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Poland and the User irrevocably submits to the exclusive jurisdiction of the courts of Poland in accordance with Applicable Regulations.

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