Short non-legal version: we are humans and consumers and we want to be treated correctly, just like you. So to summarize our service agreement: we do not sell any of your information to others, we do not like to be cheated, we want to treat you fairly (and vice versa). If you have any question before or after becoming a member, we’ll help you out! On the other hand, if we sense misuse we will act accordingly. Now the necessary legal stuff:
Service agreement & Privacy
September 18, 2018
IMPORTANT: PLEASE READ THIS SERVICES AGREEMENT BEFORE USING ANY SERVICES OF THIS WEBSITE (www.XOCharting.com). INITIATION OF SERVICE INDICATES YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY REGISTERING FOR THE SERVICES, YOU REPRESENT AND WARRANT THAT (a) ALL REGISTRATION INFORMATION YOU SUBMIT IS ACCURATE AND THAT YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION, (b) YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOUR USE OF THE SERVICES WILL NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND (c) YOU HAVE THE RIGHT AND AUTHORITY, TO ENTER INTO THIS AGREEMENT AND PERFORM HEREUNDER.
In consideration of the Services provided to Subscriber (including Services which Subscriber may elect to receive in the future), Subscriber shall pay the applicable Fees to XOCharting.com in advance (“pre-paid”).
Fee Changes: Subscriptions are subject to NL-sales tax (currently 21% called BTW under Dutch law). Non NL-companies are tax-exempt. A change in regulation and/or tax-percentage will automatically be passed through to the subscriber for the next billing cycle. General fee changes may occur throughout the year and will not affect your current subscription until you choose to renew/extend your membership.
All Sales Final: Except to the limited extent set forth in this Agreement regarding Service Fees, all Fees are non-refundable. All Fees are non-transferable (to other person).
Service Reactivation: Subscribers may reactivate previously cancelled Services (if available) at any time, subject to payment in full of of Fees on the Membership Account. Reactivated Services are eligible for any coupons that may apply to new subscribers.
Old Content: XOCharting reserves the right to ‘unlock’ (make public) older or expired content for SEO and advertising purposes. No account is needed to access these files.
Security. a) Subscriber accepts responsibility for the confidentiality and use of all Account Information and all Requests placed through or under Subscriber’s Account Information. All Requests received by XOCharting will be deemed to have been received from, and with the authorization of Subscriber.
b. Subscriber shall notify XOCharting immediately if Subscriber becomes aware of any: (i) loss, theft or unauthorized use of Subscriber’s Account Information; (ii) failure by Subscriber to receive an electronic message that a Request initiated by Subscriber has been received and/or executed**; (iii) failure by Subscriber to receive accurate confirmation of a Request or its execution within five (5) business days after submitting the Request.
Subscriber must provide XOCharting with a current and valid e-mail address.
A) (i) XOCharting reserves the right to restrict, terminate, suspend or cancel any Service (or portion thereof), Customer Account, or this entire Agreement, in full or in part, at any time and for any reason, without prior notice and without liability.
(ii) If any of the Data Providers furnishing data or other information utilized in the Services discontinue transmission of such data or information or cease to furnish same in a manner that is compatible with XOCharting equipment, XOCharting may terminate as much of this Agreement as is affected by the discontinued data or information, without advance notice and without incurring any liability to Subscriber.
B). By Subscriber. Memberships automatically end after expiration. Inactive accounts are removed from our servers after ~6 months to guarantee user privacy. Once removed, users need to create a new account for regain access.
Modifications to this Agreement. XOCharting reserves the right to change or modify any and all of the terms of this Agreement upon notice. Subscribers’ use of the Services following any such change or modification constitutes Subscriber’s express agreement to be bound by this Agreement as so changed or modified.
Force Majeure. Neither XOCharting, nor any third-party suppliers (data), nor any of their respective officers, directors, employees, agents, representatives or affiliates shall be liable for any loss resulting from performance. All parties are excused in the event of, any interruption and/or delay due to any cause over which such entities do not have direct control, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labour dispute, third-party software, third-party hardware, or communication method interruption.
Fairness. Regular updates, tweaks and alternations to the website and its infrastructure could lead to minor disruption of services. This is inherent to internet-based services. If/when major changes or updates are planned that will disrupt services beyond an acceptable time frame (>12 hours), all active subscribers (trial & paying) will be compensated 200% of lost days. A message including instructions about compensation will be posted on the website and/or via email.
Misuse: We promote fairness and take a dim view on misuse. We maintain a black-list of IPs. Once on, black listed IPs never are taken off. Hacking attempts, account sharing and activities opposing international law or our Service Agreement are a guarantee for a place on the black list.
Our basic stance is simple: we treat our clients like we want to be treated ourselves. This results in the following policies.
We do not engage in “cold-calling” or email marketing. No personal information will be used for marketing (internal or external) nor will we sell or distribute your information to any third party. The information we need is solely used for our membership software to work (email, password). Using a VPN or false names is encouraged. Using a false/non-existent email address will result in a non-functioning account.
We will delete all your personal information on request (as soon as reasonably is possible). We also delete all inactive accounts after several months (4-6 months): information we do not have, cannot be misused nor stolen. This policy might result in you having to re-register again after a few months of inactivity/expiration. When in doubt, feel free to contact us.
In case of a server hack or possible loss of your data/data theft, we will contact you as soon as possible.