€0.00

Terms And Conditions

Introduction

Welcome to XYTELL, a site available at www.xytell.com, owned and managed by ASTROMEDA LTD, a company with registered offices at 4013 Plovdiv, Plovdiv Municipality, Yuzhen Distruct,21 Stephan Stambolov Street, fl. 3,app.22. Using XYTELL, intended as a website (collectively, the “XYTELL,” the “Service,” the “System”), the User expressly agrees to have read, understood, and fully accepted our legal documentation consisting of Terms and Conditions, Privacy Policy, and Cookie Policy.

Contract Agreement

In order to use the site, the User implicitly declares to have the faculty of accepting our legal documentation and being in age. In the case of a minor, the User declares to operate under the supervision of an adult.

If the User does not accept the Content of one or more clauses expressed in our legal documentation, please do not use our services.

Changes to Agreements

Occasionally, we may make changes to the Service and/or our legal documentation at our discretion. When we make material changes to the legal documentation, we will notify users through the System. The continued use of XYTELL after such changes involves an express acknowledgment and acceptance of the changes.

License and DMCA Statement Agreement

Following the DMCA (alias Digital Millennium Copyright Act), XYTELL Service and its Content are owned by XYTELL or its licensors. We grant users a limited, non-exclusive, and revocable license for their personal and non-commercial use of the Service and to receive the multimedia content made available through our System in their country, based on the subscription or Trial selected (the “License “). XYTELL considers itself the owner of all the codes, graphics, or computer contents present on the site. The User may not assign, transfer or sublicense the rights deriving from this License to third parties.

All XYTELL trademarks, service marks, trade names, logos, domain names, and all other features of XYTELL brand are the exclusive property of XYTELL. This License does not grant you any right to use XYTELL trademarks, service marks, trade names, logos, domain names, or other features of XYTELL mark, whether for commercial or non-commercial use.

The User agrees not to use XYTELL Service (including but not limited to its Content) in any way that is not expressly provided for in these Conditions. The third-party software collections included in XYTELL Service are licensed according to the rules outlined in these Terms or the relevant license terms of such third parties.

Third-Party Applications

XYTELL, in order to properly provide its services, may (now or in the future) use third-party applications, websites, and Content directly provided by third parties (“Third Party Applications”). The use of these applications is subject to their own conditions of use. The Users agree that XYTELL is not responsible for any third-party application’s behavior, features, or Content.

User-Generated Content

XYTELL users may (now or in the future) publish, upload, and contribute (“post”) Content on the Service, including text, messages, or reviews (“Content”). The User warrants that the Content does not violate the agreements in this document, applicable law, intellectual property, or the rights of others. XYTELL does not monitor, review, or modify the published Content but reserves the right to remove or disable access for any reason, including, but not limited to, Content that violates these Agreements in our sole discretion. XYTELL can take these actions without prior notification to the User. The removal or disabling of access to the Content in question will be our sole discretion. We cannot guarantee the removal or disable of any Content that violates these Agreements.

XYTELL is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content violates intellectual property rights, please get in touch with us using the email address support@xytell.com.

Site guidelines

XYTELL respects intellectual property rights and expects users to do the same. XYTELL has established some ground rules that users must follow when using the Service to ensure that XYTELL remains a product that all can use. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason:

  • copy, redistribute, reproduce, “extract,” record, transfer, perform or publicly display, transmit or make available to the public any part of the XYTELL Service or the Content, or make any use of the XYTELL Service or the Content that is not expressly permitted under the Agreements or applicable law, or otherwise infringes the intellectual property rights (such as copyright) of XYTELL Service, Content or any part thereof;
  • use XYTELL Service to import or copy local files for which you do not have the necessary legal rights to do so in this way;
  • transfer copies of cached Content from an Authorized Device to any other Device by any means;
  • perform reverse engineering, decompile, disassemble, modify or create derivative works based on XYTELL Service, Content, or any part thereof, except where permitted by applicable law;
  • circumvent any XYTELL material or copyright used by XYTELL, its licensors, or other third parties in order to protect the Content or Service;
  • sell, rent, subcontract or lease any part of XYTELL Service or the Content;
  • circumvent any territorial restrictions applied by XYTELL or its licensors;
  • remove or modify copyright, registered trademarks, or other indications of intellectual property contained in or provided through the XYTELL Service (including in order to hide or alter any indications of ownership or origin of any Content);
  • perform the “crawling” within XYTELL Service, or use other automated means (including bots, scrapers, and spiders) to collect information from XYTELL.

Please respect XYTELL, the owners of the Content, and other users of the XYTELL Service. It is forbidden by the User to publish sales announcements that include material:

  • offensive, derogatory, defamatory, pornographic, threatening, or obscene;
  • illegal or designed to promote or commit unlawful acts of any kind, including without limitation the violation of intellectual property rights, privacy rights, or exclusive rights of XYTELL or third parties;
  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with users’ access to the Service;
  • designed or capable of causing annoyance or harassment to other users; capable of feigning or misrepresenting its affiliation with other users, persons, or entities, or otherwise fraudulent, false, deceptive, or misleading;
  • who makes use of automated means to promote a content artificially;
  • which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, message chains, or the like, including through the XYTELL inbox;
  • which involves commercial or sales activities, such as advertising, promotions, competitions, lotteries, or pyramid schemes, which XYTELL does not expressly authorize;
  • that links, references, or otherwise promotes commercial products or services, except where expressly authorized by XYTELL;
  • capable of interfering with or interrupting the XYTELL Service in any way, tampering with, violating, or attempting to probe, examine or test for vulnerability the Service or the computer systems or the XYTELL network, the rules of use, or any other component of XYTELL’s security, authentication measure or another protective measure applicable to the Service, Content or any part thereof; or
  • that causes conflicts with the Agreements, as established by XYTELL.

The User understands and accepts that the publication of such User Content may result in the immediate closure or suspension of his XYTELL account. The User also acknowledges that XYTELL may recall his username for any reason.

Limitations and Variations of the Service

XYTELL will make reasonable efforts to keep XYTELL Service operational. However, some technical difficulties or maintenance operations can cause temporary interruptions from time to time. Within limits established by the law in force, XYTELL reserves the right to modify or interrupt, periodically and at any time, and temporarily or permanently, functions of XYTELL Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of XYTELL Service or other related functions or functionality. In any case, XYTELL is not responsible for any potential failure to view and receive emails due to service malfunctions or during maintenance periods.

Payments

XYTELL accepts credit/debit cards and major online payment methods. Using a specific method, the User expressly declares to be the owner or have full use rights.

Refunds

The refund request must be sent directly to XYTELL by sending an email to support@xytell.com specifying the reason for the request. XYTELL will evaluate the case and ratify a final decision. The request can be sent for the paid courses within 14 days from the purchasing day.

No refund will be conceded to clients that make a request for refund after 14 days.

Term and cancellation

The Agreements will remain in force until terminated by the User or by Xytell. However, the User understands and accepts that Xytell may at any time suspend or completely deny access to the services to any User without any written notice.

You may choose to close/cancel/terminate your agreement with us at any time. Such cancellation/termination/closure means that you would no longer like to use the online service we provide. To complete this process, you are obligated to follow the below process.

Send us a written request via email to support@xytell.com with the clear subject “Account Closure/Service Termination” and a clear instruction stating that “I______________________________(your full name as appears on your account) would like to request immediate closure of my aforesaid account.”

We shall respond to your email with a confirmation, within 2 business days, that your account has been closed.

Should you wish to avoid any further communication related to the company such as new products, services and/or offers, you can inform us that you do not wish to receive any further communication from us and would like to have all your previous information deleted from our records. We shall comply with the said instruction and inform you of its execution in writing.

NOTE: The termination/cancellation/closure of an account or of any service provided by us, takes effect from the date of notification when you communicate your intention to cease using our services.

Upon payment, a transaction under the name ‘Xytell’ or ‘BVT Komers’ will appear on your card statement.

Warranty and Disclaimer

XYTELL TRIES TO PROVIDE THE BEST SERVICE POSSIBLE. STILL, THE USER UNDERSTANDS AND AGREES THAT XYTELL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE USER USES XYTELL SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XYTELL AND ALL CONTENT OWNERS MAKE NO WARRANTY AND DISCLAIM ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XYTELL AND THE CONTENT OWNERS DO NOT WARRANT IN ANY WAY THAT XYTELL SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, XYTELL MAKES NO INSURANCE AND DOES NOT WARRANT, ENDORSEMENT, OR ASSUME LIABILITY FOR ANY THIRD-PARTY APPLICATION (OR RELATED CONTENT), USER CONTENT, OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES OR THIRD PARTIES.

Limitations

THE USER AGREES THAT YOUR SOLE REMEDY FOR POTENTIAL PROBLEMS OR DISSATISFACTIONS IN USING XYTELL IS TO TERMINATE USING THE SERVICE. EVEN IF XYTELL ASSUMES NO LIABILITY FOR THIRD-PARTY APPLICATIONS OR THEIR CONTENT, EVEN IF THE RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, WITHIN THE LIMITS PROVIDED FOR BY LAW. OFFERED BY XYTELL FOR ANY PROBLEMS OR DISSATISFACTIONS WITH THIRD-PARTY APPLICATIONS OR THEIR CONTENT CONSISTS OF UNINSTALLING AND / OR STOPPING USING SUCH THIRD-PARTY APPLICATIONS. TO THE MAXIMUM LIMITS PROVIDED BY LAW, IN NO EVENT SHALL XYTELL BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR GOODS (WHETHER DIRECT OR INDIRECT), IN ANY CASE ARISING FROM THE USE OR INABILITY TO USE THE XYTELL SERVICE, THIRD-PARTY APPLICATIONS OR THE CONTENT OF THIRD-PARTY APPLICATIONS, REGARDLESS OF ANY LEGAL THEORY AND THE FACT THAT XYTELL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHERE A REMEDY DOES NOT OBTAIN THE EXPECTED RESULT; OR (3) ANY AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO XYTELL SERVICE, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT OF VALUE IN EXCESS OF THE AMOUNTS YOU PAID TO XYTELL DURING THE PREVIOUS TWELVE MONTHS IN THESE PERIODS BY THE LAW IN FORCE.

Severability and waiver

Where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity will interfere with the remaining provisions of the Agreements. The application of this clause will be imposed within limits established by law.

Any failure to apply the Agreements or related clauses by XYTELL or third-party beneficiaries will not cancel the right of XYTELL or the third-party beneficiary to do so.

Indemnification

Within the maximum limits provided for by the law in force, the User agrees to indemnify and hold XYTELL harmless from and in relation to damages, losses, and expenses of any kind (including reasonable legal costs and fees) resulting from:

1) The violation of this Agreement by the User.

2) Any User Content.

3) Any activity the User engages or performs through XYTELL Service.

4) The breach of any law or the User’s rights of a third party.

Jurisdiction

XYTELL operates in full compliance with the legal systems’ laws in force in Bulgaria. In this sense, any legal dispute or controversy will be resolved in the exclusive courts of Bulgaria.

Contacts

For any questions about XYTELL Service or the Agreements, users can contact us via support@xytell.com