Terms

EFFECTIVE AS OF SEPTEMBER 1, 2023

Summary

We, at Oxycon, are excited to provide a service known as OxyLesson/Oxyconit. We enthusiastically invite you to utilize our services. Our OxyLesson service operates on a monthly or yearly subscription basis.

Any image that you upload to our service, whether it's housed in our service, we refer to as your "media". The digital content that you upload to our service, termed as your "Content", may encompass information, text (including reviews of products or art made available through the Service), data, graphics, images, photographs, sound, video, music, or any other content that our service accommodates. Please note, once you publish your Content through our service, it may be viewable by all users of our website.

We value the Oxycon community greatly and believe you will too. In order to uphold the quality of our services, users must respect the intellectual property rights of others. You can only upload content that you have created or possess a legally enforceable license to use with our service, along with the necessary permissions to use and enable others to use. Please exercise respect for the intellectual property rights in all content you encounter or purchase through Oxycon. Remember, showcasing your work on our website makes it globally accessible when it will be decided to be published. Publishing Content through our platform is accompanied by legal responsibilities. Ensuring that your use of our website is in compliance with all laws falls under your purview.

Furthermore, ensure that your uploaded Content does not feature any prohibited items as mentioned below, such as spam, viruses, or content promoting hate.

You can peruse our website to understand the kind of content that we welcome, and those that we do not. If you come across content on our website that you believe contradicts our terms of service, please connect with us at [email protected].

Terms of Service:

The use of the Oxyconit websites (along with any other domains that we manage) and all its content, services, and products, including our mobile applications (collectively referred to as the "Application"), are governed by the following terms and conditions. The Application is owned and administered by Oxycon (collectively referred to as "Oxycon", "we", "us", "our", or any other term of similar connotation), along with our affiliates and subsidiaries.

Your acceptance and use of the Application, minus any modifications, are subject to your agreement to all incorporated terms and conditions, as well as our Privacy Policy, Cookie Policy and all other rules, policies, and procedures that may be integrated into the Agreement from time to time.

It is imperative to read the Agreement thoroughly before accessing or using the Services. By accessing or using any part of the Services, as a User, you agree to be bound by the terms and conditions of the Agreement. If you do not accept all the terms and conditions, you are not permitted to use any of our Services. According to Oxycon, the acceptance to these terms and conditions is expressly limited to the Agreement. The Services are exclusively available for individuals who are at least 16 years old. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we can take necessary actions.

Your Account: If you establish an account with our Services (your "Account"), you hold full responsibility for the security of your Account and for all the actions that transpire under it. You must refrain from describing or attributing data, any content misleadingly or unlawfully, including name trading or reputation trading of others. Oxycon reserves the right to modify or withdraw any description or keyword that it deems inappropriate, injurious, unlawful, or potentially liable. You must promptly inform Oxycon of any unauthorized use of your Account or any other security breaches. Oxycon will not be held liable for any of your actions or omissions, including any damages incurred.

- You have not used any third party's images or names without first obtaining their consent.

- You have fairly abided by any third-party licenses, and taken necessary actions to pass through the required terms and conditions

- You have not, and will not, resell, lease, or license the Services to anyone else.

- You will not bypass any limits including storage limits, exploit promotional offers to gain undue storage space, or sell storage spaces gained from referrals or promotions.

- The content does not contain malicious items like viruses, worms, trojan horses, or any damaging or deceitful software.

- The content is not spam or machine-generated, intended to mislead recipients, or to drive traffic unlawfully to third-party sites.

- Your usage of services abides by all applicable laws and does not promote anything unlawful, obscene, vulgar, libelous, threatening, harmful, abusive, harassing, or indecent.

- You are not storing or collecting any personally identifiable information about other Users

- The content is not promoted using unsolicited electronic messages like spam or unwarranted promotional methods.

- The content doesn't believe to offer or disseminate fraudulent goods, services, schemes, or promotions.

- The content is not crafted to mislead readers into thinking that you represent another individual or organization

Without restraining any of your representations or warranties, Oxycon reserves the right to review any content, or other uses of the Services and reject, remove, or halt any content that violates the Agreement or any Oxycon policy or is objectionable in any way or terminate access to and usage of the Services or any portion, to any individual or corporation for any reasons at Oxycon's sole discretion. In such circumstances, Oxycon has no obligation to provide a refund of any amounts previously paid.

Your Licenses to Us: By submitting content to Oxycon for use in your or any other service, you grant Oxycon a global, royalty-free, transferable, sublicensable, and non-exclusive license. This license allows us to use, reproduce, modify, adapt, and publish the content across any media channels or formats for processing, storing, archiving, distributing, and promoting your content related to the Services and promoting the Services, our company, our other products and services, and the Oxycon community. Upon removal of the content, we will make reasonable efforts to delete it from our Services and promotional materials.

The licenses granted for your content will persist after termination for the necessary period. We will not directly profit from your content nor will we transfer or sublicense our rights in your content to any other person, except for using their services to prepare our promotional materials and works. Under this Agreement, every user of our Services also gets a non-exclusive license to access, use, and display your content as permitted throughout the functionality of the Services. This segment does not discomfort any rights you may hold under applicable data protection laws. Licenses granted to us for any reviews of products or media you post are perpetual and irrevocable.

Privacy: Our Privacy Policy elaborates on how we collect, use, and share your personal information. It forms a part of the Agreement, so please read it meticulously.

Privacy Policy: By using the Services, you uphold that you have read and understood our Privacy Policy.

You Must Comply with Data Protection, Security and Privacy Laws: You alone are responsible for complying with applicable data protection, security, and privacy laws and regulations, including notifying and receiving a valid consent in case required when you use our Services.

Protect and Improve the Services: We may improve and protect our Services via the analysis of your content of the Services or analysis of anonymized, pseudonymized, or aggregated personal information. If needed by law, this operation should be explained in your privacy policies.

Your Responsibility as a User of the Services: Oxycon has not, nor can review all material, including computer software, posted on the Services and hence, isn't responsible for the content's usage or effects. Rendering the Services doesn't imply endorsement of the posted material or authenticity thereof. You must take necessary precautions to protect yourself and your computer systems from harmful content. The Services might contain offensive, inappropriate, or faulty content that may violate third-party rights. Oxycon is not liable for any damage resulting from the use of the Services by sharing data in community, or from any downloaded content posted.

Payment and Renewal of our Paid Services

General Terms: By using any of our paid Services, you agree to pay the one-time, monthly, or annual subscription fees as listed on our website for those Services, inclusive of any applicable taxes. Payments are charged on a pre-pay basis on the day any trial period concludes and will cover the use for the indicated subscription period. These fees align with our Refund Policy. While the fees for a subscription Service won't change during the applicable subscription period, they are subject to change at any time thereafter. In case of any changes, we will provide a minimum notice of 30 days to our Users via email. We may sometimes offer promotions requiring a minimum term of service. If you cancel

Renewal of Subscription.

Unless a cancellation request is received from you prior to the conclusion of the current subscription period, or we send you a cancellation notice, your subscription will be renewed automatically. Consequently, you authorize us to debit the relevant subscription fees, as well as any applicable taxes, from your registered payment method. However, subject to our Refund Policy, subscription Services can be terminated at any time by contacting us at [email protected].

Payment Processing Partners

We utilize third-party payment processors (referred to as a 'Payment Processor') to manage your billing for Services via a payment account associated with your Account. The handling of payments is governed by the terms, conditions, and privacy policies of the respective Payment Processor, as well as this Agreement. Our designated Payment Processors currently include Stripe, Braintree, Przelewy24, iMoje. Each payment is processed by the respective Payment Processor according to their terms of service and privacy policy. You consent to pay all charges at the prices in effect at the time of each purchase, via the Payment Processor, and in accordance with the specified payment conditions. Consequently, you consent to payment processing using the payment method linked to your Account. We reserve the right, or the right to direct our Payment Processors, to rectify any errors or discrepancies, even if payment has already been requested or received.

Interaction with Third-Party Services.

Our Services are integrated with a variety of third-party platforms and applications ('Third Party Services') that may provide you with their products and content. Examples of Third Party Services include social media platforms, Payment Processors, stock images via our Services, among other partners and service providers. These Third Party Services operate under their own set of terms and policies, which will govern your use of their services. We do not hold control over these Third Party Services and therefore bear no responsibility for them, their actions, or any transactions you may conduct with them. Your security when utilizing these Third Party Services is entirely your responsibility. We reserve the right to suspend, restrict access to, or remove any Third Party Services at our discretion, without providing notice. We bear no liability for any such action, including potential loss of profits, revenue, data, goodwill or any other intangible losses you may experience (except where prohibited by law).

Ownership of Intellectual Property.

The Agreement does not facilitate a transfer of intellectual property from Oxycon to you. Any third-party intellectual property that we provide through our Services, as well as all right, title and interest in and to such property will remain solely with Oxycon. Oxycon, oxyconit.com, the oxyconit.com logo, and all associated trademarks like OxyLesson, service marks, graphics and logos are trademarks or registered trademarks of Oxycon or its licensors. Other trademarks, service marks, graphics and logos appearing in connection with our Services may belong to other third parties. Your use of our Services does not grant you any rights or licenses to reproduce or otherwise use any Oxycon or third-party trademarks.

Feedback.

We value your feedback, suggestions, or ideas about us or our Services ('Feedback'). However, by providing Feedback, you agree that we may use it without any restrictions or obligations to you, even post-termination of the Agreement. This clause does not inhibit or affect any rights you may have under applicable data protection laws.

Changes.

Oxycon retains the authority to amend or substitute any segment of the Agreement, which includes our Privacy Policy, Cookie Policy, at its absolute discretion. Should alterations or substitutions occur, we will inform Users either by email, sent to the address associated with their Account, or via a conspicuous notice (like a banner on the applicable page) that will be displayed upon their subsequent usage of the Services. Your sustained use or accessibility of the Services after such announcement implies consent to these amendments. If you don't agree or accept such modifications, your sole option is to cease using the Services. If this is done, your Account will be deactivated, and if you're a paid subscriber, we will issue a refund equivalent to the prorated portion of prior paid fees that correlate to the unused segment of your subscription. In the future, Oxycon may roll out new Services and/or features in the Application, introducing new tools and resources. These novel features and Services will fall under the governance of the Agreement's terms and conditions.

Termination.

Oxycon holds the right to cancel your account to the Services, partially or entirely, promptly, with or without justification, and with or without prior notice. If you wish to terminate the Agreement or your oxyconit.com Account, you're free to discontinue using the Services. Nevertheless, if you have a paid subscription Account, termination can only be effectuated by Oxycon as explicitly enabled by the Agreement or if you breach the Agreement significantly and fail to rectify such violation within thirty (30) days following Oxycon's notification to you. Oxycon retains the ability to immediately terminate the Services as part of a comprehensive discontinuation of our Service. All elements of the Agreement whose nature implies post-termination longevity will survive the termination, including, ownership clauses, warranty disclaimers, indemnity, and liabilities limitations. If your Services or Account usage is suspended or terminated, or if your Account type is altered leading to a reduction in your purchased storage, you might permanently lose access to all or some of the Content you've shared with us. It's your responsibility to back up your Content. We hold no liability for the loss of your Content due to any reason, including suspension or termination of your Services or Account, or due to an alteration in Account type that results in reduced storage.

Disclaimer of Warranties.

The Services, Application, along with all Content, media, and products are delivered 'as is'. Oxycon, along with its suppliers and licensors, disavow all warranties related thereto, be they express or implied, which include, but not limited to the warranties of merchantability, fitness for a particular goal, and non-infringement to the maximum permissible extent by law. Any refund or return allowance in the Agreement represents a token of goodwill and is restricted as described. Neither Oxycon nor its suppliers and licensors guarantee that the Services or Application will be free from errors or that access to it will be consistent or uninterrupted. You acknowledge that you download or acquire content through the Services at your own judgement and peril.

Limitation of Liability.

Under no circumstances will Oxycon or its suppliers or licensors be held accountable concerning any subject matter of the Agreement under any contract, negligence (including tort), strict liability, or any other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement for substitute products or services; for interruption of use, loss, or corruption of data; amount solely at our discretion either equivalent to purchase cost of that product, the replacement of the product or the supply of a similar product, or the repair of such product; Oxycon bears no responsibility for any failure or delay due to circumstances beyond our reasonable control. The preceding will not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that your use of the Services along with any Content, media, or products that you offer or provide using the Services will strictly comply with the Agreement and all relevant laws and regulations (including but not restricted to any local laws or regulations in your country, state, city, or any other governing area, regarding online conduct, acceptable content, and all laws concerning the transmission of technical data exported from the country where you reside) and your use of the Services would not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and safeguard Oxycon, its contractors, and licensors, and their respective directors, officers, employees, and agents from any and all claims and expenses, including attorneys' fees that arise out of your use of the Services, inclusive of but not confined to your violation of the Agreement and your usage, or arising from or linked to the usage of, access to, interaction with, or reliance upon your content.

Miscellaneous.

The Agreement outlines the complete arrangement between Oxycon and you concerning the subject matter at hand, and it can only be modified by a written amendment signed by an authorized person from Oxycon, or by the posting by Oxycon of a revised version following the Agreement. Except to the extent any applicable law provides otherwise, the Agreement, the Services, any access to or use of the Application, and any sale or purchase of products through the Service will be governed by the laws of the Province of Poland, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Poland, concerning any dispute or claim arising out of or in connection with it. If any part of the Agreement is deemed invalid or unenforceable, that part will be construed to reflect the parties' intent, and the remaining portions will persist in full force and effect. Any waiver by either party of any term or condition of the Agreement or any breach thereof, in any case, will not constitute a waiver of such term or condition or any succeeding breach thereof. You may assign your rights under the Agreement to any party consenting to, and agreeing to comply with, its terms and conditions. Oxycon may assign its rights and obligations under the Agreement without any conditions. The Agreement will bind and benefit the parties, their successors, and permitted assigns. You confirm your preference for the Agreement and any related documents to be in English.

Account limits

Oxycon reserves the right to limit the storage capacity of your account. Storage capacity is determined by the subscription plan you have chosen and your status. We will notify you when you reach the storage limit. We will try to increase limits dynamically and not limit users when the product is used reasonably.

Refund Policy

Termination of Your Account - You possess the flexibility to terminate your account whenever you wish.

Cancellation and Future Billing - Once you have cancelled your account, you will not undergo further charges. However, any charges that have incurred within the current billing period will be your responsibility. For instance, if you have initiated your subscription on the 18th of any month, your billing cycle will recur on the 18th of every subsequent month. If you opt to cancel your subscription on the 22th, you will still be liable for the payment of the ongoing month, although future charges won't be applicable post cancellation.

Refunds - Please note that monthly subscriptions are exempt from refund provisions.