Terms and Conditions
Introduction
These Terms and Conditions ("T&C") govern the use of the AutoMenuX platform ("AutoMenuX") by Merchants, Consumers, and Viewers. By using AutoMenuX, you agree to these T&C. If you do not agree, you must cease using AutoMenuX immediately.
Definitions
- AutoMenuX: The platform providing automation for existing payment apps to unlock digital content.
- Merchant: A user who uses AutoMenuX to sell digital products.
- Consumer: A user who purchases digital products from a Merchant using AutoMenuX.
- Viewer: A person visiting the marketing website www.automenux.com.
- Digital Products: Products that are delivered digitally, such as software, eBooks, online courses, etc.
- Operator: The entity operating AutoMenuX.
Nature of AutoMenuX
- No Involvement in Transactions: AutoMenuX and the Operator are not parties to any transaction between Merchants and Consumers. AutoMenuX provides an automation layer that facilitates transactions based on other software (payment apps) with which Merchants enter into relationships independently.
- Not a Payment Processor: AutoMenuX does not process payments. Payments are processed by third-party payment apps integrated with AutoMenuX, with which Merchants enter into relationships independently.
- Not a Hosting Service: AutoMenuX does not host any content sold by Merchants. Content must be hosted separately.
- Automation Tool: AutoMenuX is an automation tool enabling Merchants to automate their operations with third-party apps.
Paid Services
Some features of AutoMenuX are available only to Merchants who purchase a subscription. Details of the available features, pricing, and subscription plans are provided on our website at www.automenux.com. Merchants can acquire access to these services by purchasing a subscription based on the current descriptions and pricing.
Third-Party Merchants-of-Record
Sales of our services may be handled by third-party Merchants-of-Record. In such cases, Merchants will be informed about the involvement of third-party Merchants-of-Record at the time of purchase.
Disclaimer and Limitation of Liability
- As-Is Basis: AutoMenuX is provided "as-is" without any warranties of any kind, to the fullest extent permitted by law.
- No Warranty: AutoMenuX does not guarantee the usefulness, reliability, or suitability of its software for any specific purpose. All warranties, whether express or implied, are explicitly excluded.
- No Liability for Transactions: Users acknowledge that AutoMenuX is not liable for any aspect of transactions, including payment processing and the digital products bought or sold.
- No Liability for Content: AutoMenuX does not host content and is not responsible for the legality, accuracy, or quality of the digital products sold by Merchants.
Intellectual Property
- Retention of IP: All intellectual property rights related to AutoMenuX remain with the Operator. Merchants, Consumers, and Viewers are granted a limited, non-exclusive license to use the software as per these T&C.
- No Transfer of IP Rights: Using AutoMenuX does not transfer any intellectual property rights to the Merchant, Consumer, Viewer, or anyone else.
Merchant Responsibilities
- Legality of Digital Products: Merchants guarantee that the digital products they sell comply with all applicable laws and regulations in all jurisdictions they operate in.
- Indemnification: Merchants agree to indemnify and hold harmless AutoMenuX from all claims, including alleged ones, arising from their usage of AutoMenuX, including but not limited to sales and advertisement of digital products and accepting payments.
- Tax Compliance: Merchants are solely responsible for all taxes related to their sales.
- IP Laws Compliance: Merchants guarantee that the digital products they sell do not infringe any intellectual property rights of any third parties. Merchants will indemnify and hold harmless AutoMenuX and the Operator from any claims relating to the infringement of IP rights.
- Third-Party T&C Compliance: Merchants guarantee that they use all third-party software, tools, apps, etc. related to the usage of AutoMenuX, including but not limited to payment apps, cloud storage, email accounts, and others, in accordance with the appropriate terms and conditions, agreements, and policies entered separately by the Merchant and the third-party provider. Merchants will indemnify and hold harmless AutoMenuX and the Operator from any claims relating to third-party agreement violations or inappropriate use of third-party software.
General Use
- Legal Use: All users must use AutoMenuX legally and only for its intended purposes. Any attempt to hack or misuse the platform is strictly prohibited.
- Jurisdiction: These T&C are governed by the laws of the Republic of Poland. Any disputes shall be resolved in the courts of Poland.
Miscellaneous
- Modification of Terms: AutoMenuX reserves the right to modify these T&C at any time. Continued use of the platform constitutes acceptance of the modified terms.
- Severability: If any provision of these T&C is found to be unenforceable, the remaining provisions will continue to be in full force and effect.
- Entire Agreement: These T&C constitute the entire agreement between AutoMenuX and its users regarding the use of the platform.
Privacy Policy
We value your privacy and are committed to protecting your personal data. This section outlines how we handle your personal information.
- Data Collection: We collect minimal personal data required for the functioning of AutoMenuX, such as email addresses and payment details.
- Data Usage: Your personal data is used solely to provide our services, process transactions, and communicate with you.
- Data Sharing: We do not sell or share your personal data with third parties, except as required by law or to protect our rights.
- Data Security: We implement appropriate security measures to protect your personal data from unauthorized access, disclosure, or misuse.
- Data Retention: We retain your personal data only as long as necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting requirements.
- Data Accuracy: We take reasonable steps to ensure the accuracy of your personal data and provide mechanisms for you to update or correct your data as needed.
- Third-Party Processors: We may share your personal data with third-party service providers who assist us in delivering our services, subject to strict data protection obligations.
Cookies
We use cookies to enhance your experience on our platform. Cookies are small data files stored on your device.
- Cookie Usage: Cookies help us understand how you use AutoMenuX and improve its functionality.
- Cookie Management: You can manage your cookie preferences through your browser settings. However, disabling cookies may affect your ability to use certain features of AutoMenuX.
GDPR Compliance
We comply with the General Data Protection Regulation (GDPR) to protect the privacy and personal data of users within the European Economic Area (EEA).
- Data Rights: Users have the right to access, correct, delete, or restrict the processing of their personal data.
- Data Requests: To exercise your data rights, please contact us at . We will respond to your request within the timeframe required by GDPR.
- Data Protection Officer: We have appointed a Data Protection Officer (DPO) to oversee compliance with GDPR and other applicable data protection laws. You can contact our DPO at .
- Data Breach Notifications: In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the relevant supervisory authorities without undue delay.
- International Data Transfers: If your personal data is transferred outside the EEA, we ensure it is protected by appropriate safeguards, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
Website Viewer Responsibilities
- Usage of Website Content: Viewers must use the content on www.automenux.com for informational purposes only. Unauthorized use of the website content is prohibited.
- Intellectual Property: All content on the website, including text, graphics, logos, and images, is the intellectual property of AutoMenuX or its content suppliers and is protected by copyright laws.
- Prohibited Activities: Viewers must not engage in activities that could harm the website or its content, such as hacking, uploading malicious software, or other harmful activities.
- Third-Party Links: The website may contain links to third-party websites. AutoMenuX is not responsible for the content or privacy practices of these third-party websites.
- Privacy: By using the website, Viewers agree to the collection and use of their information as described in our Privacy Policy.
Refund Policy
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No-refund policy:
Once payment has been processed for a subscription period, the payment is non-refundable. This applies regardless of whether or not the services are used during the subscription period. Merchants are responsible for all charges incurred until the end of the subscription period, including any renewals unless canceled before the renewal date.
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Refunds due to service failure:
In the event that Operator is unable to fulfill its service obligations for more then 24 hours in row, Operator will, offer a pro-rata refund. This refund would be calculated based on the portion of the subscription period during which service was unavaialble or severaly limited. The pro-rata refund would only apply if the failure to fulfill our services is directly attributable to Operator.
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Refund requests:
To request a pro-rata refund in the event of an exceptional service failure, Merchants must contact within 14 days of the service disruption. The request must include detailed information about the issue and the dates during which the service was unavailable. We will review the request and, if approved, the refund will be processed within 30 days.
Contact Information
For any questions or concerns about these T&C, please contact us at .
By using AutoMenuX, you acknowledge that you have read, understood, and agree to be bound by these T&C.