1. GENERAL PROVISIONS

1.1. The Agreement shall enter into force on the date of posting it on the Company website. Changes made by the Company in the Agreement shall enter into force immediately from the date of posting on its website of the new version of the Agreement. The user must periodically review current version of the Agreement.

1.1.1. Current version of the Agreement is always posted on the Company website xyliase.com/tos.

1.2. User accepts the terms of the Agreement:

1.2.1. By purchasing the Company software on the Company website;

1.2.2. Or starting use of the service (its separate functions) provided by the Company software or website.

1.3. If the user does not agree with the terms of this Agreement, he/she shall immediately cease using the services or website of the Company.

2. DESCRIPTION OF SERVICE

2.1. The company provides a service/software for automation of user activities in social networks.

2.2. The pricing is specified on the Company site xyliase.com.

2.3. After purchasing on the Company website user will receive with specified login credentials and license confirmation.

3. USER REGISTRATION

3.1. In the process of filling out the registration form enter the email and password, required for subsequent access to personal account.

3.2. During registration, user submits the following information: contact email address and password.

3.3. The data specified upon registration is free for Company access. The company does not validate information provided by users, and does not have any liabilities to any third parties for the accuracy and reliability of data provided by the user and does not consider provided data as personal data. In terms of policy, we can get some information about you directly or indirectly from partners. Please read Privacy Policy section.

3.4. The user is solely responsible for the security of login and password for use of the Service.

3.5. Actions made by using the username and password (key-password) are considered as actions made by the user.

3.6. User agrees to:

– Immediately notify the Company of any unauthorized use of your User password or account or any other breach of security;

– Not allow to use his login (email) and password to anybody except themselves.

4. PAYMENTS. REFUNDS. SUBSCRIPTIONS

4.1. Payment for use of the Service shall be done according to the tariffs of the Company listed on the site at xyliase.com

4.2. To use the Service, User should have a purchased license of the software.

4.3. Additional costs to 3rd party Services may be required. Such services are captcha solving, proxies, emails, and sms numbers.

4.4. In order to prevent fraudulent use, the product is not refundable for buyers remorse. If Xyliase Services experience interruption, bugs or server side errors, Xyliase may extend User License or issue a Refund at its sole discretion. Any User generated errors do not grant access to a Refund. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Xyliase Services. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Xyliase Services actually received, as permitted by law.

4.5. It is prohibited to resell software, login credentials, or keys to third party persons unless granted permission.

4.7. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal by default, according to which, unless you cancel the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period. Xyliase will attempt to automatically charge you the applicable Fees using the Stored Card. In the event of failure to collect the Fees owed by you, we may retry to collect on a later time, and/or suspend or cancel your License, without further notice.

5. RESTRICTIONS. RESPONSIBILITY

5.1. The Company is not responsible for any loss or damage of data, as well as other consequences of any nature that may be due to the User violation of the provisions 3.4. of this Agreement.

5.2. The user uses a service company at his own risk. Service shall be provided “as is”. The Company does not assume any responsibility, including compliance with the objectives of the service user.

5.3. Company does not guarantee that:

– The service corresponds to/will meet User’s requirements;

– Service will be uninterrupted, timely, secure or error free;

5.4. The Company shall not be liable to the user and (or) any third party for any type of damages resulting from the use of the User service/Company website or parts/functions.

5.5. User has no right to use the service/Company website for illegal purposes including for damage to third parties (including government agencies), and violations of law including for:

5.5.1 uploading, posting, transmitting or any other kind of publication of materials that are unlawful, harmful, threatening, offending morality, defamatory, infringing copyrights and other intellectual property rights, propagandizing hatred and/or discrimination against people on racial, ethnic, sexual, social discrimination and violation of accepted norms and ethics of communication on the Internet.

5.5.2 violations of the rights of minors and/or harming them in any form, including the moral;

5.5.3 infringement of the rights of minority groups;

5.5.4 uploading, posting, transmitting or any other way of publishing material that shall not make available under any law or pursuant to any agreements with third parties;

5.5.5 uploading, posting, transmitting or any other way of publishing material that violates any of the rights of third parties, including the right to trademarks (service marks), trade secrets, and/or breach of any other rights of third-party intellectual property persons;

5.5.6 uploading, posting, transmitting or any other kind of publication is not permitted in a special way of advertising media, including the massive, unauthorized and/or the expected recipients of unsolicited advertising mailings, including the origin, with a large number of repetitions of the same mailing address (“Spam”), as well as sending repeated messages to one recipient, not agreed by him;

5.5.7 undercutting company products or services with any products you may sell with the use of our service is strictly prohibited, as well as any other advertisements or mailings of your products in our online groups.

The Company is not responsible for any breach by User of this paragraph of the Agreement.

5.6 Using 3rd party service/software via Company services/software you should accept terms of use of the 3rd party service/software before starting to use them via Company services/software

5.7 Using 3rd party service/software via Company services/software you should have separate paid license for the 3rd party service/software if it required paid license for your activity before starting to use 3rd party service/software via Company services/software

5.8 If you are making content for personal use and/or for selling with Company services it automatically applies to the rules of this user agreement. You can provide additional user agreement but not less though than current user agreement. Also, you should provide additional user agreement about personal data collection and processing in case of collection such data.

6. OTHER PROVISIONS

6.1. The company has the right to install any additional requirements and restrictions in relation to registration on the Site and use of the Service.

6.2. This Agreement shall be governed by and construed in accordance Company terms, regardless of the location of the user. Matters not regulated by this Agreement shall be settled in accordance with Company terms. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the terms of the Company.

6.3. Inaction by the Company in case of violation of the provisions of the User Agreement does not preclude the Company the right to take appropriate actions to protect its interests later, as well as the Company does not constitute a waiver of its rights in case of a subsequent similar or similar breach.

COOKIE POLICY

Xyliase.com and its subsidiaries (collectively, “xyliase.com,” “we,” “our,” and “us”) think it is important that you understand how cookies and other similar technologies are used by xyliase.com. Please read the following Cookies Policy to learn more about how we use cookies and other tracking technologies when you interact or use our websites (collectively the “Websites”) or any related events, sales or marketing, and/or if you use any of our products, services, or applications (including any trial or testing) (collectively the “Services”) in any manner.

1. What does this policy cover?

This Privacy Policy covers our treatment of information that we gather when you are accessing or using our Websites or Services or when you contact us in any manner. We gather various types of information, including information that identifies you as an individual (“Personal Data”) from our users, visitors, and customers as explained in more detail below.

2. When does xyliase.com use Cookies?

At xyliase.com’s request, a browser may place cookies from our Websites and Services on your device. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via cookies. We may also allow our third-party vendors or consultants to send cookies to your device. For example, we use Google Analytics for web analytics, and so Google may also send cookies to your device.

3. What types of Cookies does we use?

There are two types of cookies used on the Websites and Services, namely “persistent cookies” and “session cookies”. Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser and can be used again the next time you access the Platform.

4. Other tracking technologies

We do not rent or sell your Personal Data to anyone. We may share and disclose information (including Personal Data) about you in the following limited circumstances:

4.1 Vendors, Consultants, and Other Services Providers: We may share your information with third party vendors, consultants and other service providers who we employ to perform tasks on our behalf. These companies include our payments aggregators FreeKassa and Paypal, website analytics companies Google Analytics and Yandex Metrika, product feedback or help desk software provider Kayako, CRM and Marketing Automation and email service provider Mailgun or SendGrid, and others.

4.2 Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party.

4.3 We may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy.

4.4 Protection of us and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of us, our employees, our contractors, our users, or others.

4.5 Law Enforcement: Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

5. For what purpose does xyliase.com use Cookies

We use cookies for several purposes, as follows:

5.1 to enable, facilitate, and streamline the functioning of the Websites and Services across different web pages and browser sessions;

5.2 to simplify your access to and use of the Websites and Services and make it more seamless;

5.3 to monitor and analyze the performance, operation and effectiveness of the Websites and Services, so that we can improve and optimize it;

5.4 to protect your account, through techniques such as Cross Site Request Forgery protection; and

5.6 to show you content that is more relevant to you.

6. How can you disable cookies?

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Websites or Services.

7. Will we change this policy?

We are constantly trying to improve our Websites and Services, so we may amend or update this Cookies Policy from time to time. You are responsible for periodically reviewing this Cookies Policy.

Xyliase.com and its subsidiaries (collectively, “xyliase.com,” “we,” “our,” and “us”) knows you care about how your personal data is used and shared, and we take your privacy seriously. Please read the following Privacy Policy to learn more about how we collect, store, use, and disclose information about you when you interact or use our websites (collectively the “Websites”) or any related events, sales or marketing, and/or if you use any of our products, services, or applications (including any trial or testing) (collectively the “Services”) in any manner.

1. What does this policy cover?

2. What information do we collect?

INFORMATION YOU PROVIDE TO US

When you use our Websites: We may collect any Personal Data that you choose to send to us or provide to us, for example, on submitting support ticket form or if you register for xyliase.com emails. If you contact us through the Websites, we will keep a record of our correspondence.

When you use our Services: We receive and store information you provide directly to us. For example, when setting up new users, we collect Personal Data, such as e-mail address, to provide them with Services. The types of information we may collect directly from our customers and their users include: email addresses, usernames and information about your hardware to run our software. From the billing we can get names, postal addresses, phone numbers, job titles, some credit card details, bank account information, tax ID number, transactional information (including Services purchased), as well as any other contact or other information they choose to provide us or upload to our systems in connection with the Services. We don’t store any payment information in our systems. It is stored on the side of payment processing systems or on the resellers side.

INFORMATION WE AUTOMATICALLY COLLECT

When you use our Websites: When you visit the Websites, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website.

When you use our Services: Usage information – we keep track of user activity in relation to the types of Services our customers and their users use, and performance metrics related to their use of the Services. Log information – we log information about our customers and their users when you use one of the Services including Internet Protocol (“IP”) address and information collected by cookies and other similar technologies. We use various technologies to collect information which may include saving cookies to users’ computers. For additional information, please refer to our Cookie Policy.

3. How do we use the information?

When you access or use the Services, we collect, use, share, and otherwise process your Personal Data as described in this Policy. We rely on several legal bases to use your information in these ways. These legal bases include where:

— necessary to perform the contractual obligations in our Terms of Service and in order to provide the Services to you;

— you have consented to the processing, which you can revoke at any time;

— necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;

— necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;

— you have expressly made the information public;

— necessary in the public interest; and

— necessary to protect your vital interests, or those of others.

Websites

— We use the information we collect via the Websites as follows:

— To administer our Websites and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;

— To improve our Website to ensure that content is presented in the most effective manner for you and for your computer;

— Analyze use of the Website for monitoring and marketing purposes;

— For purposes made clear to you at the time you submit your information. For example, to fulfil a request a quote form or to provide you with information you have requested about our Services; and

— To keep the Website safe and secure.

Services

— We may use the information we collect from our customers and their users in connection with the Services we provide for the following reasons:

— To set up a user account;

— Provide, operate, and maintain the Services;

— Process and complete transactions, and to send related information, including transaction confirmations and invoices;

— Manage our customers’ use of the Services, respond to enquiries and comments, and to provide customer service and support;

— Send customers technical alerts, updates, security notifications, product updates, and administrative communications;

— Investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities; and

— For any other purposes about which we notify our customers and users.

We may also use the information you send to us via the Websites and/or Services, to communicate with you via email and, possibly, other means, regarding products, Services, offers, promotions and events we think may be of interest to you. However, you will always be able to opt-out of such communications at any time by using the unsubscribe link in the email communications we send.

4. How do we share and disclose information to third parties?

We do not rent or sell your Personal Data to anyone. We may share and disclose information (including Personal Data) about you in the following limited circumstances:

— Vendors, Consultants, and Other Services Providers: We may share your information with third party vendors, consultants and other service providers who we employ to perform tasks on our behalf. These companies include our payments aggregators FreeKassa and Paypal, website analytics companies Google Analytics and Yandex Metrika, product feedback or help desk software provider Kayako, CRM and Marketing Automation and email service providers SendGrid and Mailgun, and others.

— Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party.

— Company may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy.

— Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of Company, our employees, our contractors, our users, or others.

— Law Enforcement: Under certain circumstances, we may disclose your Personal Data (at our sole discretion) in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

5. Is Personal Data about me secure?

We use appropriate technical, organizational, and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Among other practices, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password appropriately, enabling 2FA and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

6. Cookies and Other Tracking Technologies

Our Websites and some of our Services use cookies (small text files containing a string of alphanumeric characters that we put on your computer) and other similar tracking technologies (like web beacons, tags, and scripts) to uniquely identify your browser and to gather information about how you interact with the Websites and Services. We use this information for the following purposes:

— To assist you in navigation;

— To assist you in registration, login, and your ability to provide feedback;

— To analyze your use of our products, Services, or applications; and

— To assist with our promotional and marketing efforts.

Please consult our Cookie Policy for more information about the type of cookies and tracking technologies that we use on this Website and why, and how to accept and reject them.

Email Tracking

We also may use clear gifs and modified links in HTML-based emails sent to our users to track which emails are opened by recipients. This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make our Services and Websites better for our users.

Analytics

We also use Google Analytics for better understanding your use of our Websites and Services. The services collect information such as how often users visit the Website, what pages they visit and what other sites they used prior to visiting. We use the data collected to track and examine the use of the Websites, to prepare reports on its activities and share them with other services. Please read Google Analytics Terms of Use, Google Privacy Policy Terms of Use for better understanding how do they use this data.

7. How long do we keep your information?

To meet our legal and regulatory obligations, we hold your information while you are a customer and for a period after that. We do not hold it for longer than necessary. We may also hold your information if we have obtained your consent.

8. Consent

Sometimes we need your consent to use your Personal Data. With direct marketing for example, we need your consent to make you aware of products and Services which may be of interest to you. We may do this by email, text, or other digital media.

You can decide if you want to accept direct marketing communications from Company after signing up for our products or Services (in user area Profile Section).

You can remove your consent at any time by using the unsubscribe link in the email communications we send or in user area profile section if you think we got your consent by mistake or you decided to change your decision.

9. Your Privacy Rights

WHAT CHOICES DO I HAVE?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features and/or Services.

MARKETING COMMUNICATIONS

You can opt-out of receiving certain promotional or marketing communications from us at any time, by using the unsubscribe link in the email communications we send or by unchecking checkbox in your profile section in user area.

If you have any account for our Services, we will still send you non-promotional communications, like service related emails.

10. How can I exercise my Data Subject Rights (update, access, delete, or modify my information)?

If you would like to access, review, update, rectify, and/or delete any Personal Data we hold about you, you can make the request directly support@xyliase.com

Once we receive it, our Privacy Team will examine your request and respond to you as soon as possible.

Please note that we may still use any aggregated and de-identified Personal Data that does not identify any individual and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our contractual agreements.

11. International Data Transfers

By using the Services, you acknowledge that Company will use your information in the United States, European Economic Area (EEA), BVI and any other country where the Company operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your Personal Data, may differ from those that apply in the country in which you reside. We will transfer Personal Data only to these countries to which we are permitted by law to transfer Personal Data, and we will take steps to ensure that your Personal Data continues to enjoy appropriate protections.

Privacy Shield

Company may rely on the EU-US Privacy Shield to transfer Personal Data to some of our third-party service providers in the United States like Google, where they are certified to receive such information under the Privacy Shield Program.

Company provides a voluntary service; meaning you can choose whether you want to use the Services. However, if you want to use the Services, you need to agree to our Terms of Service, which set out the contract between Company and its customers. As we operate in countries worldwide and use technical infrastructure to deliver the Services to you, in accordance with the contract between us, we need to transfer your Personal Data to jurisdictions as necessary to provide the Services and to comply with local laws. Simply put, we cannot provide you with the Services and perform our contract with you without moving your Personal Data around the world.

12. Linked Websites

For your convenience, hyperlinks may be posted on the Websites that link to other websites (the “Linked Sites”). We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Sites or of any companies that we do not own or control. Linked Sites may collect information in addition to that which we collect on our Websites. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy policy of each Linked Site that you visit to understand how the information that is collected about you is used and protected.

13. Your Responsibilities

If you use our Services, you may in your sole discretion collect certain Personal Data, such as when scraping third party websites. This means you process Personal Data and, to the extent you do so, under EU law, you are an independent controller of data relating to individuals that you may have obtained through your use of the Services. It is your sole responsibility to determine the legality of collecting, storing, controlling, or processing such Personal Data.

You are responsible for protecting Personal Data you collect or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use Personal Data. Company is not responsible for, and this Privacy Policy does not apply to, any of the Personal Data that you choose to collect or store as a part of your use of the Services.

If Company and you are found to be joint data controllers or processors of Personal Data, and if Company is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller or processor, you agree to indemnify Company for the expenses and fees (including any legal fees or fines) it occurs in connection with your control or processing of Personal Data.

14. Children

Company does not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Data, please contact us at support@xyliase.com

15. Will Company ever change this policy?

We are constantly trying to improve our Websites and Services, so we may amend or update this Privacy Policy from time to time. You are responsible for periodically reviewing this Privacy Policy.

16. What if I have questions about this policy?

If you have any questions or concerns regarding our Privacy Policy or Cookies Policy, please send us a message to support@xyliase.com, and we will do our best to resolve your concerns.