Effective Date: 01.02.2024
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Agreements to Terms
Your use of Spexia's services ("Services") constitutes your agreement to the Terms of Service ("Terms") herein. Profaile GmbH operates Spexia and retains the authority to modify these Terms at any point without prior notification. We recommend reviewing these Terms periodically, as your ongoing use of the Services signifies your agreement to any updated Terms. If you do not consent to these Terms, please refrain from registering for the Services.
Registration: To access the full scope of our service, you must register as a member with a valid email address and website URL. Use of another individual’s email address, which infringes any third-party rights, is strictly prohibited.
Emails: Email will serve as the primary channel for communication between you and our team. You acknowledge that we may send notifications about system updates, new products, company news, and account status changes to your email. We urge you to read these emails thoroughly to remain informed. We are not liable for any consequences resulting from your failure to read emails from us.
Account Security: You are obliged to maintain the confidentiality of your email credentials, as they are essential for logging in. You are solely responsible for all actions taken under your account. Spexia disclaims any liability for unauthorized access to your account. Should you become aware of any such access, it is imperative that you inform us promptly.
Billing & Reimbursements
Spexia offers a subscription package. The system will charge you automatically every billing cycle.
Within the first 7 days since the purchase you are allowed to request a refund if you meet all of the following conditions:
You did not publish or download any of the from Spexia created articles.
You did not use more than 10.000 (”ten thousand”) of the 40.000 (forty thousand) keyword clusterings.
You are within the 7 days since purchase.
We do not issue either partial or full refunds in any other case.
Modification to the pricing and terms. Spexia retains the right to modify subscription plans' pricing and terms at any time without additional notice. All changes will be posted in the corresponding sections of the website.
Disclaimer of Warranties
THE SERVICES AND MATERIALS ON THIS WEBSITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY FORM OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NOTWITHSTANDING THE FOREGOING, WE DO NOT GUARANTEE THAT (A) THE SERVICES AND MATERIALS WILL FULFILL YOUR NEEDS, (B) THE SERVICES AND MATERIALS WILL BE DELIVERED WITHOUT INTERRUPTIONS, DELAYS, SECURITY BREACHES, OR BE FREE OF ERRORS, (C) THE OUTCOMES OBTAINED FROM UTILIZING THE SERVICES OR MATERIALS WILL BE EFFECTIVE, PRECISE, OR DEPENDABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION ACQUIRED BY YOU FROM THE WEBSITE WILL LIVE UP TO YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE CORRECTED.
THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, ERRORS, OR TYPOGRAPHICAL ERRORS. CHANGES TO THE MATERIALS AND SERVICES, INCLUDING CHANGES TO PRICES AND DESCRIPTIONS OF THE PRODUCTS, MAY BE MADE AT ANY TIME WITHOUT PRIOR NOTICE. THE MATERIALS OR SERVICES MAY BE OUTDATED, AND WE DO NOT PLEDGE TO UPDATE THEM.
ANY ACTIONS YOU TAKE BASED ON THE SERVICES OR MATERIALS AVAILABLE THROUGH THIS SITE ARE AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POSSIBLE DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MIGHT RESULT FROM YOUR ACTIONS.
YOUR DEALINGS WITH OTHER USERS AND VENDORS THROUGH THIS SITE, INCLUDING COMMERCIAL TRANSACTIONS FOR MERCHANDISE OR SERVICES, ARE STRICTLY BETWEEN YOU AND THE OTHER PARTY. WE PROVIDE NO WARRANTY FOR TRANSACTIONS MADE IN CONNECTION WITH THIS SITE AND YOU ACKNOWLEDGE THAT SUCH TRANSACTIONS ARE YOUR SOLE RESPONSIBILITY.
ANY WARRANTY FOR PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS SITE FROM A THIRD PARTY IS THEIR RESPONSIBILITY, NOT OURS OR OUR AFFILIATES’.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN AUTHORIZED STACK.APP REPRESENTATIVES ACTING IN THEIR OFFICIAL CAPACITY.
THIS SITE MAY EXPERIENCE TEMPORARY INTERRUPTIONS THAT ARE CONSIDERED NORMAL. WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS THAT MAY BE USED AND THEREFORE ARE NOT RESPONSIBLE FOR DELAYS OR DISRUPTIONS IN NETWORK TRANSMISSIONS.
SERVICES ON THIS SITE ARE OFFERED "AS IS" AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Limitation of Liability
OUR LIABILITY, AS WELL AS THAT OF OUR AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, DATA, OR USE, REGARDLESS OF THE LEGAL THEORY ASSERTED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO FROM THIS SITE. THIS IS THE CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE ALSO NOT LIABLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, NOR FOR ANY AID IN CARRYING OUT COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING THE PROCESSING OF ORDERS.
THE LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
You agree to defend, indemnify, and hold us and our affiliates harmless from any liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, upon our request. We reserve the right to take over the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to provide your cooperation in asserting any defenses in such a case.
We offer no representation that this website or the materials available on it are appropriate or available for use outside of Switzerland, nor do we endorse access from territories where their content is illegal. Those who access this site from other locations do so by their own volition and are responsible for local law compliance. Any product, service, or information offer in connection to this site is invalid where prohibited.
Termination of Use
Upon termination or suspension, your right to access the services on this site ceases immediately. We may also remove or deactivate your account, along with all related information and files, and prevent further access to such files or the site. We are not liable for any damages or claims resulting from termination or suspension or any related actions.
Employer Representation: If you create an account on behalf of an employer, the account owner is deemed to be the employer. You affirm that you possess the necessary authority to bind your employer to these Terms.
Transferability: You are entitled to transfer your account and its ownership rights to a third party at any time, provided that you notify us and update the account details. After transferring your account, you forfeit any claims to ownership of said account. This clause is not applicable to lifetime licenses.
Dispute Resolution: Spexia retains the right to identify the legitimate owner of an account in the event of a dispute, to the best of its knowledge and capability. Should we be unable to ascertain the rightful owner, we reserve the right to suspend the account until a resolution is reached between the disputing parties. Any outstanding payments will be the responsibility of the individual(s) determined to be the legitimate owner(s).
Notices should be sent in writing either by email or conventional mail. For notices to us, address them to Customer Service at email@example.com. Notices to you will be sent to the address you provided in your Registration Data. Additionally, we may issue site-wide notices or messages to inform you of site changes or important information, which will serve as notice to you upon dispatch.
Service Termination and Cancellation
You have the right to terminate your agreement with Spexia whenever you choose. If you wish to avoid charges for the subsequent month, it is essential to begin the cancellation process prior to the due date of your next billing cycle. To proceed with cancellation, please reach out to us directly.
In legal actions to enforce these Terms, the winning party has the right to recover costs and attorney fees. You must bring any claims against us within one year of the claim's emergence, or it is considered waived.
You cannot transfer your rights and obligations under these Terms to anyone else, and any attempt to do so is invalid. We may assign our rights and obligations freely.
We are not liable for failure to deliver services or delays resulting from events beyond our reasonable control, such as natural disasters, labor strikes, wars, government actions, or any unforeseen events.
If any section of these Terms is found to be invalid or unenforceable, it will be modified to reflect the parties' intent as closely as possible, while the remainder will continue in full effect.
Our failure to enforce any right or provision in these Terms does not waive our right to enforce such right or provision in the future.