END USER LICENSE AGREEMENT
ALL USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS OF THIS LICENSE.
YOU MUST NOT ACCESS, USE, OR INTERACT IN ANY WAY WITH THIS SOFTWARE UNLESS YOU AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT
IF YOU DO NOT AGREE TO OR CHOOSE NOT TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, YOU MAY NOT ACCESS THE SOFTWARE.
You further understand that AXL EdTech Booster LLC, 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, may begin tracking or collecting information from visitors who come from third-party email or advertisements immediately.
1. Definitions
In this Agreement, the following words and expressions have the following meanings:
EULA or Agreement mean this End-User License Agreement;
Company means AXL EdTech Booster LLC and its assignees;
Current balance means your virtual account displayed in your Personal Profile on the Platform in the “Accesses and Payments” section. It takes into account in real time such operations as: receipt of payment for the license, withdrawal the funds in accordance with the Pricing Plan, any payment debts, blocking, unblocking date.
Invoice mean a document generated by the Company for the reporting period based on your usage summary of the Platform functionality in accordance with the Pricing Plan (see https://axl.tech/pricing).
The Invoice is a reporting document and available in your Personal Profile on the Platform.
License means the limited personal license rights granted in paragraph 3;
License term means a period of time from the date of your Personal Account registration on the Platform until the date when your Current Balance fell below the maximum allowable limit established by this Agreement.
The period during which you are entitled to use the Software on the terms set in section 4 of this Agreement.
Maximum allowable limit of the Current balance means a negative amount of funds (as indicated at https://axl.tech/pricing) on your Current Balance upon reaching which the functionality of the Platform is blocked and the license term is suspended.
_Partner Profile _ means your Profile as a Partner of Company, access to which is granted in accordance with the Partnership Agreement. This Profile may be used for promotion of Company and its products at services market and you may receive bonuses for partner activity that may be used as a payment or a discount for purchase of Company products.
Personal Profile means a set of protected pages of the Platform created as a result of your registration on the Platform, designed to store and manage your data and information (content) intended for you and your users.
You are solely responsible for the safety and confidentiality of the registration data (login and password).
Connected messaging channels. The Platform allows you to connect a mobile phone number (SMS), a WhatsApp account, or a Telegram account to your Personal Account as an assistant channel. Once a channel is connected, messages sent from that number or messaging account are treated as your instructions, and any actions performed by the Platform — including by its AI assistant — in response to such messages are considered actions carried out by you.
You are solely responsible for maintaining control over every connected phone number, SIM card, messaging account and device, to the same extent as for your login and password. If a connected number or messaging account is lost, transferred to another person, reassigned or recycled by your carrier, or otherwise compromised, you must immediately disconnect it in your Profile settings or contact support at privacy@axl.tech. The Company is not liable for any actions performed through a connected channel before it is disconnected.
Sign-in links delivered by message are strictly personal. You must not forward them; allowing third parties to access your messages is at your own risk. Responses produced by the AI assistant may contain errors; you are responsible for reviewing the results of actions performed in your account at your request. Message and data rates charged by your mobile carrier may apply
All actions carried out through the Personal Account using your login and password are considered to be carried out by you, and you are responsible for such actions.
_Pricing Plan _ means use the value of services available at the Platform.
The description and rates are posted on the resource https://axl.tech/pricing and are part of this agreement.
_Purpose of using the Platform _ means following:
The platform is intended for posting online learning materials (such as but not excluding: audio- and video recordings, graphs, tables, images, documents, and other materials), interaction with users, monitoring the passage of the course by users, collecting analytical data, communicating with the user in the form of text messages and audio visual contact, sending emails, chat messages for marketing purposes to attract students to online courses, marathons, and other activities related to online learning.
Reporting period means a calendar month (from the first to the last day of each month). Subscription Fee means the fixed recurring amount of your Pricing Plan, charged for each Billing Period. Where your Pricing Plan has a Subscription Fee, it is charged in addition to the cost of the Platform functionality you consume, and not instead of it. Pricing Plans without a Subscription Fee are charged for consumption only, as described in section 5 of this Agreement.
Billing Period means the period for which an Invoice is generated. For a Pricing Plan without a Subscription Fee the Billing Period is the Reporting period (a calendar month). For a Pricing Plan with a Subscription Fee the Billing Period is one month counted from the Billing Anchor Date, and does not coincide with a calendar month.
Billing Anchor Date means the date of the first successful charge of the Subscription Fee. Each subsequent Billing Period begins on the same day of the following month; where that day does not exist in a given month, the Billing Period ends on the last day of that month and returns to the anchor day in the next month that has it.
Trial Period means the period, starting on the date of registration of your Personal Profile and lasting the number of days stated for your Pricing Plan, during which the Subscription Fee is not charged.
Payment Method means the bank card or other payment instrument you save in your Personal Profile and authorise the Company to charge on a recurring basis under this Agreement.
Telephony Services means the functionality that allows you to obtain a telephone number from the Company, to make and receive telephone calls and to send and receive text messages using that number, together with the optional recording, transcription and automated summarisation of those calls.
Telephony Charges means the amounts payable for the Telephony Services in accordance with the Pricing Plan, including the recurring rental of a telephone number, one-off and recurring fees for registering your business with telecommunication carriers, and per-minute and per-message charges.
Domain Services means the functionality that allows you to search for, register, transfer in, renew and manage domain names through the Platform, to connect domain names registered elsewhere, and to host the DNS zone of a domain name on the Company's nameservers ("DNS Hosting").
Registrar means the ICANN-accredited registrar that sponsors the registration of a domain name ordered through the Platform, as named in the Platform when you place the order. The Company acts as a reseller of the Registrar and is not itself a registrar.
Registration Agreement means the Registrar's domain name registration agreement linked in the Platform when you place an order, as amended by the Registrar from time to time, together with the policies it incorporates.
Registrant means the person or organization named as the owner of a domain name in the owner details provided when the order is placed; the Registrant holds the domain name registration.
Registry means the operator of the top-level domain (for example, .com) in which a domain name is registered.
Domain Charges means the amounts payable for the Domain Services at the prices shown in the Platform, including registration, transfer, renewal and restoration fees and the monthly DNS Hosting fee.
Site/Website means any site for your access to the software, including but not limited https://axl.tech, https://axl.tech;
Software (or Company’s Software) means any Company’s software including any web- or cloud-based application, mobile app, server-based application, client, desktop or standalone software application, plugin, or add-on, including but not limited to Company’s shopping cart software. “Software” means also manuals, tutorials, user guides, videos, and accompanying or associated materials whether printed or electronic; and includes all documentation,
Usage Summary means data of the Company's automated information recording systems in electronic form containing information about the number of your requests to the Platform, the amount of Platform functionality used by you, and other information related to Platform usage. The usage summary is available to you in the Personal Account on the Platform in the “Usage Summary” section.
You mean a user (or licensee) of any Company’s Software
2. Company Retains All Ownership of the Software and its Code
Company retains all ownership including all right, title, and interest in and to the Software, the underlying code, and any copies thereof. You understand and agree that Company (and not you) has and keeps all proprietary rights including without limitation all intellectual property rights therein, including copyrights, patents, and trademarks which all remain exclusively Company's property.
More particularly, you agree and acknowledge that the Software is Company's exclusive property and that the Software is protected by copyright, trademark protection, database rights, and other intellectual property rights, and may be the subject of patent protection. Company grants you no express or implied rights under Company's copyrights, trademarks, patents, or other intellectual property or proprietary rights. You further understand and agree that you may not, and will not, in whole or in part, adapt, alter, assign, clone, copy, create a derivative of, decode, decompile, disassemble, distribute, lease, license, modify, publish, reproduce, reverse engineer, sell, transfer, translate, or vary the Software without the prior written authorization of Company, directly or indirectly through any person in your employ or under your authorization, direction, or control.
You further understand and agree that to the extent that the Company Software utilizes, incorporates, or references any third-party software, those portions may remain the intellectual property of such third parties. To the extent that Company’s Software utilizes or references any modules, libraries, or the like, that include code that is subject to restrictions on proprietary rights or which require public licensing terms, those restrictions or terms only pertain to such modules or libraries and do not alter the terms of this EULA, or your rights hereunder, or any proprietary rights as between you and Company.
The only rights you have regarding the Software are those usage rights expressly provided in the License below. You also understand that you may not, directly or indirectly remove any Company proprietary notices from the Software including copyright notices, trademark notices, or notices or markings regarding patents or patent status. Likewise, any third-party notices or marking must remain intact.
3. Limited License Granted to You to Use the Software
Company hereby grants to you a non-exclusive, non-transferable, revocable, limited, and personal license to use the Software (the "License") in accordance with the terms of your purchase, subscription, or service plan, this EULA and Company's Applicable Use Conditions (see “Terms and Conditions”) as amended from time to time, and you agree to comply with any restrictions therein.
The Software utilizes, interfaces with, or operates in connection with services provided by or through Amazon AWS and other third-party services. This license is therefore also subject to all applicable limitations, terms, and conditions of service for these services to the extent they control content or usage. You agree to comply with all such limitations, terms, and conditions in connection with your usage of the Software.
You understand that the Company reserves the right, in its sole discretion, to discontinue any features or aspect(s) of the Software at any time.
Your License is Personal to You; You May Not Transfer Your Rights or Duties
The limited license rights granted in this Agreement are personal to you, as are the obligations, duties, representations, and warranties made by you herein.
You may not license, sublicense, assign, or otherwise transfer or dispose of, all or any part of the Software or any of the limited rights granted to you in this Agreement to any third party. You may not remove, move, or relocate the Software from the Site or any server on which it is located unless you are expressly authorized to do so in writing by the Company.
Your License is Limited.
Your License to use the Company’s Software is limited. Your License is subject to our Acceptable Use Conditions incorporated therein. You may also be subject to specific limitations based on the License you purchased or your subscription to the Company Software. The Company will use reasonable efforts to inform you of such limitations prior to and at the time of purchase or subscription. Limitations may also be imposed by third parties over whom the Company has no control. For example, a third party may refuse to process certain types of transactions, or transactions from certain locations, or transactions for certain goods or services. The Company will use reasonable efforts to communicate any such limitations to you. Other limitations may pertain to your usage of particular features or certain aspects of the Company Software. For example, you will have a limit on the number of emails you can send, and the amount of video you can deliver via the Company Software, and you will be responsible for fees for usage of those features in excess of your limits. The Company will publish the fees for any such usage and reserves the right to revise them it shall deem useful, in its sole discretion. YOU ARE ALSO RESPONSIBLE FOR TIMELY PAYMENT OF YOUR USAGE OR OTHER FEES, AND YOUR LICENSE MAY BE TERMINATED FOR NONPAYMENT OF ANY SUCH FEES.
4. Rights and Responsibilities of the Parties
i) Your rights and responsibilities
You have right to:
- provide Users and other third parties with access to information generated and posted by you as a result of the operation of the Platform, in order to generate summary reports, and use the Platform for its intended purpose such as posting online course materials, interacting with users, monitoring the success of the passage course users;
- provide access to the Platform in your Personal Profile for the purpose of using the Platform by third parties, which are understood to be your employees, as well as persons who are in contractual relations with him. At the same time, you are responsible for the actions of such persons in your Personal Profile, which means that all actions performed in the Personal Profile by such persons will be considered as yours;
- become a Partner of Company and receive access to the Partner Profile in accordance with the Partnership Agreement;
- notify the Company in case of unauthorized disclosure of credentials to your Personal Profile on the Platform, immediately (within 24 hours) in order to block access to your Personal Profile on the Platform and change the credentials for access to the Platform;
You are obliged to:
- use the Platform only for the purposes and in the ways specified in this Agreement. The Platform is used by the you through remote access to the Platform via the Internet and display of the Platform interface on your device. The Company grants you the right to use the Platform solely for the purposes specified in this Agreement.
- not allow payment debts to the Company for the license in the amount of the maximum allowable limit of the Current Balance established by this Agreement.
If You have a payment debt for the license in the amount of the maximum allowable limit of the Current Balance, the Company has the right to block the access to the Platform from the day the maximum allowable limit of your Current Balance arises. Your access to the Platform will be resumed the next day after the Company receives payment for the license in the amount that allows to pay off a debt at your Current Balance, or upon receipt of the advance payment for the license exceeding the amount of the reached negative value of your Current Balance. The upfront cost of the license paid by you will be spent by the Company on the basis of pricing plan and usage summary.
If you have a debt in the amount of the maximum allowable limit of the Current Balance, and if you do not repay the specified debt within 6 (six) calendar months from the date of its formation, the Company will have the right to terminate this Agreement and delete (including without the possibility of recovery) all data available in your Personal Profile on the Platform, such as, but not excluding: the materials of your online courses, information about the users, contacts, analytical information, and other information and documentation posted by you in the Personal Profile on the Platform.
The application by the Company of the above measures to block the functionality of the Platform does not release you from the obligation to pay for the license for the expired period, based on the Invoice issued by the Company;
- independently monitor the state of your Current Balance, in order to avoid reaching the maximum allowable limit of the Current Balance;
- timely and in full pay for the license in the amount of at least the maximum allowable limit of the Current Balance and replenish the Current Balance to its positive value, or by making advance payments to the Company’s account in an amount exceeding the amount of the maximum allowable limit of the Current Balance. The amount of your advance payment will be displayed in the Current Balance section, the funds of which will be spent according to the Pricing Plan specified on the site https://axl.tech/pricing until fully spent or until the next replenishment of the account;
- prevent the loss or transfer to third parties of credentials for access to the Platform;
- be responsible for the actions of third parties to whom the credentials for access to your Personal Profile on the Platform were transferred as for their own;
- familiarize yourself with the Pricing Plan at the site https://axl.tech/pricing;
- provide yourself with all the necessary hardware and software systems, equipment, computer programs necessary to access the Internet and the Platform.
ii) Rights and responsibilities of the Company
The Company is obliged to:
- provide you with a non-exclusive license to the Platform from the date of your Personal Profile registration on the Platform and for the entire duration of the license provided for in this Agreement;
- grant the twenty-four-seven access to the Platform except for the period of Software Updates and Maintenance, which are no more than 48 hours per month;
- eliminate possible software failures in the operation of the Program that arose due to the fault of the Company, based on your application, if it technically possible, except in cases the software failures arose due to your fault;
- provide you with an electronic Invoice on a monthly basis by posting it in your Personal Profile. The Invoice contains information on all operations for crediting and spending your funds in accordance with the Pricing Plan.
The Company has the right to:
- suspend the license and your access to the Platform from the date of reaching the maximum allowable limit of your Current Balance. Your access to the Platform will be resumed the next day after the Company receives the payment for the license in the amount of the maximum allowable limit of your Current Balance, or the advance payment for the license exceeding the amount of the achieved negative value of the Current Balance. The advance payment for the license will be spent by the Company on the basis of Pricing Plan and Usage Summary;
- terminate this Agreement and delete (including without the possibility of recovery) all of your materials posted on the Platform in your Personal Account, including all materials and contacts users if your Current Balance reaches the maximum allowable limit and you do not repay the specified debt within 6 (six) calendar months from the date of formation of the specified debt.
At the same time, you are not released from the obligation to pay for the license for the expired period, on the basis of the Invoice issued by the Company;
- issue new releases and versions of the Program, establish the conditions for its provision as well as new conditions for technical support and maintenance;
- unilaterally terminate this Agreement out of court and delete, including without the possibility of recovery, all your materials posted on the Platform in your Personal Profile if the following circumstances occur simultaneously:
lack of your authorizations on the Platform for 6 (six) or more calendar months in a row;
the absence of a positive balance at your Current Balance (when the Current Balance is equal to 0 or has negative values) as of the date the Company decides to delete your data.
The Parties agreed to regard the presence of the above two circumstances as your refusal from this Agreement.
- unilaterally and out of court to terminate this Agreement and delete, including without the possibility of recovery, all materials posted on the Platform in your Personal Profile when the Platform is used by you not for the purposes provided in this Agreement.
To apply this clause the Company through the Personal Profile sends a warning letter to you with a request to stop using the Platform not for the purposes specified in this Agreement. If you continue to use the Platform for purposes other than those specified in this Agreement after receiving a warning letter, the Company will have the right to terminate this Agreement and block the functionality of the Platform and access to your Personal Profile with the simultaneous deletion of all materials posted in the your Personal Profile on the Platform.
At the same time, the advance payment for the license made by you is not refundable but is unilaterally and extrajudicially withheld by the Company as a penalty for violation of the terms of this Agreement;
- conduct various marketing campaigns (including price reduction campaigns) to stimulate demand for software;
- change the Pricing Plan at any time by publishing new one on the Website https://axl.tech/pricing. You oblige to familiarize yourself with the Pricing Plan before authorization on the Platform. Any continued use of the Platform means your consent with the Pricing Plan changes. If you do not agree with the Pricing Plan changes, you must stop any use of the Platform and apply to the Company for termination of this Agreement.
5. Usage Limitations and Fees
Two charging models exist on the Platform, and which one applies to you is determined by your Pricing Plan. A Pricing Plan without a Subscription Fee is charged for consumption only: this is the model described immediately below, and it continues to apply unchanged to every Personal Profile on such a Pricing Plan. A Pricing Plan with a Subscription Fee is charged for the Subscription Fee plus consumption, as described later in this section. In both models your Current Balance remains the single account against which everything is settled, and the obligations to monitor it and to keep it above the maximum allowable limit apply equally.
The amount of the Company's fee for providing a license to the Platform is indicated on the page on the Internet https://axl.tech/pricing.
The Company’s fee for granting a license is indicated and paid in US dollars.
Your Current Balance is displayed with a value of 0 immediately after registration of Personal Profile on the Platform. As you use the Platform services the amount of payment for the license is calculated according to the Pricing Plan and published in your Personal Profile on the Platform in the Current Balance section. You are obliged to independently monitor your Current Balance state and prevent the achievement of its maximum allowable limit established by this Agreement.
You pay for the license by yourself on the basis of this Agreement in the amount of:
not less than the maximum allowable limit of the Current Balance and displayed in your Personal Profile on the Platform, and in the amount necessary to achieve a positive value of the Current Balance; or
an advance payment in the amount exceeding the maximum allowable limit of the Current Balance. The amount of your advance payment will be displayed in the Current Balance section, the funds will be spent according to the Pricing Plan specified on the site https://axl.tech/pricing until fully spent or until the next replenishment of the account.
The Company during the first 5 (five) calendar days of each calendar month, places in your Personal Profile an electronic Invoice for the past period. Such Invoice displays all operations for crediting and spending funds you have paid for the license according to the Pricing Plan and Usage Summary.
Payment for the License is carried out in a non-cash form, including using the software and hardware of the payment service involved by the Company, aggregator and/or payment provider. In this case, the date of payment is the date of receipt of funds by the Company on a bank account or on the account opened by the Company in any of the software and hardware tools of the payment service involved by the Company, aggregator and/or payment provider.
Payment for the license is carried out by yourself on the basis of this Agreement without issuing an invoice.
Payment for the license can be made by a third party in the manner provided for in this section of the agreement. The purpose of payment (message for payment) of a third party for you must indicate your first and last name.
All commissions that are withheld by the bank, payment systems, aggregators, agents, providers, for the transfer of funds (or credit) are attributed to you (paid by yourself at your own expense). The interest of banks (other credit institutions), brokers, agents, creditors, as well as payment systems, payment aggregators that have carried out (including, but not excluding) lending or transferring funds are not subject to return and reimbursement upon termination of this Agreement for any reason.
The Parties agreed that the absence of your written substantiated claims sent by mail to the address of the Company within a period of not more than 2 calendar days from the date of receipt of an Invoice will be your full and unconditional consent with the amount of payment for the license specified in the Invoice and must be paid in full.
Pricing Plans with a Subscription Fee
Where your Pricing Plan has a Subscription Fee, your Invoice for a Billing Period consists of (a) the Subscription Fee and (b) the cost of the Platform functionality you consumed during that Billing Period, calculated in accordance with the Pricing Plan. Some positions are charged by consumption (such as messages, emails, tokens, call minutes and message segments) and some by holding (such as contacts, stored files and administrator seats), in which case the position is calculated as the average daily amount over the Billing Period. The volumes included in the Subscription Fee, the rates applied above them, and the list of charged positions are set out at https://axl.tech/pricing and form part of this Agreement.
The Billing Period of such a Pricing Plan runs from the Billing Anchor Date and not from the first day of a calendar month. The Invoice for such a Billing Period is placed in your Personal Profile after that period ends.
Payment Method and recurring charges
By saving a Payment Method you authorise the Company to charge it on a recurring basis for the Subscription Fee, for automatic replenishment of the Current Balance where you have enabled it, and for any other amount payable by you under this Agreement. Before you save a Payment Method, the Platform states the Pricing Plan, the amount of the Subscription Fee, how often it is charged and the date of the first charge.
The Subscription Fee is charged to your Payment Method at the start of each Billing Period and credited to your Current Balance, against which the Invoice for that Billing Period is then settled.
You may cancel the recurring charge at any time in your Personal Profile. Cancellation takes effect at the end of the current Billing Period and does not entitle you to a refund of a Subscription Fee already charged, nor does it relieve you of the obligation to pay for functionality already consumed.
If a charge of the Subscription Fee is declined, the Company may re-attempt it over a period of several days. If it remains unpaid, the recurring charge may be cancelled and your Personal Profile treated as one without a Payment Method.
If you have enabled automatic replenishment of the Current Balance and such a charge is declined, automatic replenishment is switched off and the Company notifies you by email. You remain responsible for keeping the Current Balance above its maximum allowable limit.
The Company does not store your full card details; they are held by the payment provider. Where the Company's own payment provider is used, you may change your saved Payment Method, cancel the recurring charge and view your payment history through that provider's customer portal, which is reachable from your Personal Profile.
Trial Period
During the Trial Period the Subscription Fee is not charged and no Billing Period runs. Functionality you consume during the Trial Period is charged in accordance with the Pricing Plan; where the Pricing Plan grants a one-off allowance for particular functionality, that allowance is granted once per Personal Profile and is not renewed.
If you save a Payment Method during the Trial Period, the first charge of the Subscription Fee is made on the day the Trial Period ends, and that day becomes the Billing Anchor Date.
If you have not saved a Payment Method by the end of the Trial Period, the Personal Profile is suspended until you do. While it is suspended no Subscription Fee is charged, no Billing Period runs and no debt accrues; your data is retained subject to the data-deletion rules of this Agreement.
Changing your Pricing Plan
You may change your Pricing Plan in your Personal Profile. A change takes effect on the day it is made: the current Billing Period is charged at the previous Subscription Fee up to that day and at the new Subscription Fee from that day, and the difference for the remainder of that period is charged immediately. Before you confirm a change, the Platform states both the amount payable immediately and the amount and date of the next full charge. Changing the Pricing Plan does not refund functionality already consumed.
The Company may change the Pricing Plan, including the Subscription Fee and the rates. The Company will notify you of such a change no less than 30 (thirty) calendar days before it takes effect, by email and in your Personal Profile. Continuing to use the Platform after the change takes effect constitutes your acceptance of it; if you do not accept it, you may cancel the recurring charge and stop using the Platform before that date.
Amounts stated in the Pricing Plan are exclusive of any taxes, duties or levies applicable to you, which are payable by you unless the Company is required to collect them.
6 Refund Policy.
We provide a full no-questions-asked refund within seven days (7) days of payment completed. Simply send us an email to billing@axl.tech or write ti support chat within seven (7) days of payment letting us know that you want a refund. Refund amount must be not more than Current balance, refundable is the only resilend Balance on the account. All funds deducted due to usage of Software are non refundable. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
The refund described above applies to the unspent Current Balance. A Subscription Fee already charged for a Billing Period is not refundable, in whole or in part, including where you cancel the recurring charge, change your Pricing Plan or stop using the Platform during that Billing Period. Telephony Charges are not refundable once incurred: the rental of a telephone number is charged for a whole month in advance and releasing the number before the end of that month does not entitle you to a refund of the remaining part, and fees paid for registering your business with telecommunication carriers are not refundable irrespective of the outcome of that registration.
Domain Charges are not refundable once the Registrar has carried out the order, because a registration, transfer or renewal cannot be undone at the Registry. Where the Registrar refuses or cannot complete an order — for example, the name is no longer available, the Registry rejects the registration, or the current registrar rejects a transfer — the amount charged for that order is returned to your Current Balance automatically. A DNS Hosting fee is not refundable for a month that has begun. If you are a consumer entitled to a statutory right of withdrawal, by confirming an order you expressly request that it be carried out immediately and acknowledge that you lose the right of withdrawal once the Registrar has carried it out.
7. Disclaimer: Company Software is provided "AS IS" With NO Guarantees or Warranties
While the Company’s Software is reasonably believed to be functional and to accurately perform its function(s), the Company cannot guarantee that the Software will not contain errors or omissions, now or in the future. The Company’s Software has been rigorously tested internally, and during various alpha, beta, and other testing with third parties such that the Company reasonably expects that such testing has or will identify any significant errors for correction. However, certain errors may not be readily detected and may remain hidden. The Software is provided to each Licensee on an "AS IS" with any and all faults or failings. You agree that your access and use of the Software is entirely at your own risk. The Company makes absolutely no express guarantees or warranties about the Software or your use of the Software for any purpose. All conditions, warranties, terms, representations, and undertakings, express or implied, in respect of the Software are expressly excluded. Moreover, to the extent permissible under applicable law, the Company specifically disclaims any and all warranties or guarantees, including any that may be implied by law or otherwise, including without limitation any warranty of performance, accuracy, completeness, quality, merchantability, fitness for a particular purpose, and any warranty of non-infringement of any intellectual property or other rights of any third party. Further, the Company does not warrant or assume any responsibility for financial transactions processed via the Software. You should track and verify all transactions until you have confidence that your transactions are being properly processed and all monies due you are being paid to your account(s). You assume the risk of failing to check your own accounts sufficiently. As with any important business data, you should also regularly BACK-UP or otherwise PRESERVE your User Content and other data including data pertaining to financial transactions in connection with the Software. You are solely responsible for your Data. The Company does not warrant or represent that it will preserve or retain any Data for you after the expiration, lapse, or termination of your License to use the Software for any reason by any party, including failure to pay fees due. However, the Company reserves the right to do so at its sole discretion. The Company also does not warrant or guarantee that your use of the Software is legal/permissible under the applicable law in your locality. You agree with the foregoing and assume all risks associated with accessing or using the Software for any financial transactions.
You understand that the Company does not guarantee any confidentiality with respect to any goods, services, products, promotions, or offerings used in connection with the Software.
8. The Company's Liability is Limited
You accept all responsibility and liability for any damages you suffer in connection with accessing or using the Software, or installing any software, plugin, add-on or the like, in connection with the Company Software. You understand that the Company's liability is strictly limited by this Agreement. Do not access or use the Company’s Software if you are unable or unwilling to accept this limitation. In no event shall the Company or its directors, officers, agents, employees or licensors be liable for any losses or damages whatsoever or howsoever incurred as a result of any access or use of, or inability to access or use the Software, including, without limitation, lost profits, lost opportunities, business interruption, or lost information, and lost Data, except to the extent which it is unlawful to exclude such liability. Your use of the Software is entirely at your own risk. In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and the Company becomes liable for any loss or damage, you agree that the Company's liability shall be limited to the lesser of US $50.00 or what you paid to license the Software, as agreed-upon liquidated damages.
In no event shall Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Any errors, omissions, mistakes, or inaccuracies with respect to the software, or any financial transaction including but not limited to pricing errors, transaction processing errors by third parties, credit card or similar fraudulent transactions processed by you or on your behalf, or erroneous or fraudulent chargebacks;
- Any personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of our software;
- Any unauthorized access to or use of our servers, computers, or business records and/or any and all personal information and/or financial information stored therein;
- Any loss or deletion of your data (including user content) from the Company servers or system after your license to use the Company’s software has expired, lapsed, or been terminated for any reason by you or Company;
- Any interruption or cessation of software operation;
- Any bugs, viruses, malware, spyware, trojan horses, or the like, which may be transmitted to or through our software by any third party;
- Any loss or damage of any kind incurred as a direct or indirect result of your access or use of the Company software;
- Any loss resulting from termination including but not limited to termination for nonpayment; and/or
- Any liability incurred by you for violations of privacy regulations whether or not based in whole or part on Company’s processing of any data provided by you to the Company or processed in connection with providing the services hereunder to you or on your behalf;
Whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company was advised of or knew of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9. The Company Makes No Endorsement of User Content
The Company does not endorse any goods, services, products, promotions, or offerings (“User Content”) provided via, distributed, submitted, or promoted with or used with the Software. The Company may not agree with or condone particular claims, opinions, or viewpoints promulgated or expounded using the Software. The Company expressly disclaims any and all liability in connection with goods, services, products, promotions, or offerings.
10. Acceptable Use (Permissible Uses and Restrictions on Your Use of the Software).
The Company maintains a high-degree of professionalism and accordingly your license from the Company to use the Software is subject to the following restrictions and limitations:
- the Software may not be used in connection with any User Content that involves, to any degree, any of the following: false or misleading business opportunities, scams, or pyramid schemes; health claims that have been determined to be false or misleading by a regulatory agency; illegal activities; sales of drugs or pharmaceuticals; sales of illegal products or services; pornography or sexually explicit content; content that promotes or depicts human trafficking, child abuse, animal abuse, or which encourages or promotes abuse of alcohol, drugs or other substances, graphic or gratuitous violence, or people being injured, beaten, hurt, attacked, or humiliated; and/or content that is needlessly shocking to the senses, gratuitously gross, or which depicts or promotes accidents, death, hate speech attacking or demeaning a group based on race, ethnic origin, religion, disability, gender, age, and the like. Any use of the Software in connection with predatory behavior, including invasions of privacy, directed to other persons, particularly children under 18, is not permissible and, will not be tolerated;
- the Company reserves the right to reject or remove any User Content without prior notice for violating, in the Company's sole judgment, this section, the Acceptable Use Conditions incorporated in the Terms and Conditions, or otherwise violating this Agreement in fact or in spirit. COMPANY also reserves the right to delete any or all of Your Data (including Your User Content) without notice of any kind, upon expiration, lapse or termination of your license for any reason;
- You agree not to use, initiate, or implement any automated system, including without limitation, "robots," "spiders," or "offline readers," on, through, or with the Software in a manner that utilizes more resources from (a) the Software, (b) any the Company server or site, or (c) any third-party server or site, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Your use of the Software will comply with all applicable laws and regulations, including but not limited to local, national, and international laws and regulations regarding: (1) the sending or distribution of unsolicited commercial email; (2) online transactions regarding work-from home or other “business opportunities”; (3) false or misleading advertising; (4) the intellectual property and privacy rights of others; and (5) the use of malicious code, spyware, malware, Trojan horses and the like;
- You agree to comply with the Company's security procedures including password policies (including changing your password from time to time if directed by the Company), to not circumvent any security or access provisions or procedures established by the Company, to not implement or utilize any alternative access or backdoors to the Software, and to advise the Company as soon as reasonably practical of any security issues you discover or of which you become aware.
11. Intellectual Property Rights
i) You are solely responsible for your own User Content and the consequences of creating, copying, submitting, storing, distributing, publishing, selling, or offering for sale any User Content using the Software. You agree, affirm, represent, and warrant that you own or have any and all licenses, rights, consents, or permissions necessary for any User Content that is in whole or part, copied, used, distributed, or submitted by you using the Software;
ii) the Company will never use its license to your User Content for any purpose but to enable the Software to perform its function. Except as required to perform its intended functions, the Company will always ask for your permission in the event that the Company desires to use your User Content beyond a nominal/inadvertent manner for promotional purposes.
You retain all of your ownership rights to your User Content.
However, solely for the purpose of enabling the Software to perform its function, including, the distribution, reception, or sharing of such User Content with recipients of your User Content, as well as to cover nominal and/or inadvertent uses of your User Content by the Company (or our successors and/or affiliates) in the process of promoting the Software in any media formats and through any media channels, By using such content in connection with the Software or in creating User Content, you hereby grant the Company a worldwide, non-exclusive, royalty-free, non-revocable, perpetual, sub-licensable, and fully transferable license to use, reproduce, distribute, practice, make derivative works of, display, broadcast, and/or perform your User Content. You also understand that notwithstanding the Company's unfettered right to delete any or all of your data upon expiration, lapse, or termination of your License to use the Software, the Company reserves the right to preserve any or all of your data in any form, including on one or more system back-ups. You grant the Company a license to retain copies of your data (including User Content) at its sole discretion and agree that you will bring no claim in connection with or related to the Company's retention of such data including after your License has ended. You further agree that the Company has no duty to retain such data, search for such data, or provide you with access to such Data after your License has ended for any reason; and
iii) You further agree, affirm, represent, and warrant that content you copied, used, distributed, or which was submitted by you using the Software does not and will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to copy, use, distribute, or submit such content using the Software and to grant the Company all of the license rights granted herein.
12. You Agree to Indemnify the Company from Harm
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to costs and attorney's fees) arising from: (i) Your use of the Company’s Software; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright or other property right, or privacy right, including under the personal information protection laws; (iv) Any claim that any User Content you offered, created, copied, distributed, or promoted directly or indirectly using the Software caused damage to a third party. This defense and indemnification obligation will survive Termination of this Agreement and continue even if you stop using the Software.
13. Termination
Without prejudice to any other rights the Company may have, the Company may cancel this Agreement without notice or refund if you do not abide by the terms and conditions of this Agreement. The Company may terminate this Agreement immediately at any time by notice to you if the Company, in its sole discretion, is of the view that your continued use of the Software may infringe or cause damage to any third-party rights. Upon termination, you shall promptly delete your access and use of the Software. All other obligations you have agreed to under this Agreement shall survive Termination of this Agreement for any reason. If your Profile is blocked you are prohibited from creating any new profiles and you agree not to attempt to circumvent this provision by attempting to obtain a new profile under a different name, using a different IP address, or through any third party.
IMPORTANT: Termination for any reason, including Termination for Non-Payment will end ALL use of the Company system. Termination will not only end your ability to make future sales through the Company system, but will also impact any ongoing subscriptions or recurring payments in connection with past sales. You understand that any and all credit card or other financial transactions that are processed through the Company or a connected gateway will no longer be processed. Moreover, any transactions that are handled by a third-party (such as PayPal) through use of our API will be ignored and thus also no longer processed.
14. Applicable Laws
This Agreement shall be governed by the laws of Delaware, U.S. and the parties hereby agree to the exclusive jurisdiction of the courts located in County of New Castle, Delaware, for any adjudications other than arbitration as provided herein.
You agree that all disputes between you and the Company, regarding this EULA shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association (or comparable independent arbitration organization) commercial arbitration rules. All arbitration shall be held in the City of Wilmington, Delaware, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney's fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by the Company.
Notwithstanding the foregoing section, disputes over the indemnification clause of section 11, and any violations of section 10 hereof may be adjudicated in court in County of New Castle, Delaware.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company with respect to this subject matter and supersedes all prior and contemporaneous representations, proposals, and agreements in relation thereto. No waiver or amendment of any provision of this Agreement shall be effective unless made in writing and signed by both parties. No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. If any part of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall be fully enforceable and legally binding so as to maximally preserve and effectuate the intent and agreement of the parties.
16. Privacy & Data Processing
If Customer is established in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction whose data-protection law requires a written agreement between a controller and a processor (or where Customer otherwise processes Personal Data of individuals located in such jurisdictions through the Services), the Data Processing Addendum available at https://admin.accelonline.io/docs/dpa/en (the "DPA") is hereby incorporated into and forms an integral part of this Agreement. By accepting this Agreement or by using the Services, Customer agrees to be bound by the terms of the DPA. The DPA includes the EU Standard Contractual Clauses (Module Two: Controller to Processor) approved by Commission Implementing Decision (EU) 2021/914, which are incorporated into the DPA by reference. In the event of any conflict between this Agreement and the DPA with respect to the processing of Personal Data, the DPA prevails. For the avoidance of doubt, Customer's identification details for purposes of Annex I.A of the DPA (List of Parties) are those provided by Customer at registration in its AXL account, unless Customer has separately provided alternative details to AXL in writing. Enterprise customers requiring a counter-signed copy of the DPA may request one by contacting privacy@axl.tech.
17. Telephony and Messaging Services
This section applies where you use the Telephony Services. It is in addition to, and does not limit, the rest of this Agreement.
17.1 The number is provided to you, and you are the one who uses it
The Company obtains telephone numbers from telecommunication carriers and provides them to you for use through the Platform. You are the sender of every call and every message made from your number and the recipient of every call and message made to it. The Company transmits them on your instruction and is not a party to your conversations with the persons you contact.
You are solely responsible for the lawfulness of your use of the Telephony Services, including whom you call and message, at what hours, how you obtained their contact details, and on what legal basis you contact them.
17.2 Recording, transcription and automated summaries
The Telephony Services can record telephone calls, convert those recordings into text and produce an automated summary of the conversation. These functions may be enabled by default when you obtain a telephone number, and they can be switched off at any time in the settings of that number. Recordings, transcripts and summaries are stored in your Personal Profile and are processed as described in the Privacy Policy.
Obtaining any consent required for recording a call is your responsibility and yours alone. The law of many jurisdictions requires that some or all participants in a call be informed of the recording, and in some jurisdictions the consent of every participant is required. The Platform offers an automated announcement that can be played to participants, including an option to play it only where the Company's own heuristics suggest it may be required; that heuristic is a convenience and not a determination of what the law requires of you, because it is based on the area code of a telephone number, which does not establish where a person actually is. Where you switch the announcement off, or restrict it, the Platform records which administrator of your Personal Profile made that choice and when, and you accept responsibility for it.
You must not use the Telephony Services to record a conversation where recording it would be unlawful.
17.3 Messaging, carrier registration and marketing rules
Telecommunication carriers require that businesses sending messages be registered with them, and the Platform passes the information you provide for that purpose to the carrier. The information you supply for registration must be true and must describe your own business; the Company does not verify it, and a registration refused or revoked by a carrier because of information you supplied is not a failure of the Platform.
You are responsible for complying with all rules applicable to the messages you send, including obtaining prior consent where it is required, honouring opt-out requests such as STOP, not contacting persons who have asked not to be contacted, respecting quiet hours, and not sending messages to lists you have purchased or otherwise obtained without consent. The Company may suspend the Telephony Services of your Personal Profile without notice where a carrier reports a violation or where the Company reasonably believes the Telephony Services are being used unlawfully.
17.4 Charges and availability
Telephony Charges are payable in accordance with the Pricing Plan and settled against your Current Balance in the same way as other Platform functionality. The rental of a telephone number is charged monthly in advance from the date the number is obtained, and not from the first day of a calendar month.
The Telephony Services depend on telecommunication carriers, and the Company does not guarantee that any particular call or message will be connected, delivered or of any particular quality. The Telephony Services are not a substitute for a telephone line and must not be relied upon for emergency calls; the Company does not provide access to emergency services through them. Numbers are available only in the countries stated in the Platform at the time you obtain one, and a number may be reclaimed by a carrier or by the Company where required by the carrier, by law, or where the amounts due for it remain unpaid, as described in section 5.
18. Domain Names and DNS Hosting
This section applies where you use the Domain Services. It is in addition to, and does not limit, the rest of this Agreement.
18.1 The Registrar, the Registrant and the Company
Domain names ordered through the Platform are registered by the Registrar. The Company resells the Registrar's registration services and provides the Platform through which you order and manage them; it is not a registrar and does not operate any Registry. The Registrant holds the domain name registration; the Company acquires no right in a domain name registered for you.
When an order is placed, the Registrant enters into the Registration Agreement directly with the Registrar. You must read and accept the Registration Agreement before placing an order; if you do not accept it, do not use the Domain Services. If you name another person or organization as the Registrant, you represent that you are authorized to act for them, to accept the Registration Agreement on their behalf and to give us their personal data, and that you have informed them of how that data is used, as described in our Privacy Notice.
The registration of a domain name is also subject to the policies of ICANN and of the Registry, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the Uniform Rapid Suspension System (URS), the Transfer Policy, the Expired Registration Recovery Policy and the Registration Data Policy. ICANN's summary of your rights and responsibilities as a Registrant is available at https://www.icann.org/resources/pages/benefits-2013-09-16-en, and its educational information for registrants at https://www.icann.org/resources/pages/educational-2012-02-25-en.
Your relationship with the Registrar, including the law that governs it and how disputes with the Registrar are resolved, is governed by the Registration Agreement; your relationship with the Company regarding the Domain Services is governed by this Agreement. If this section conflicts with the Registration Agreement or with an ICANN or Registry policy as to the registration of a domain name, the Registration Agreement or that policy prevails as to that registration.
18.2 Registrant details and verification
You must provide true, accurate and complete owner details for the Registrant — name, organization where applicable, postal address, email address and telephone number — and correct them within seven (7) days of any change, in the domain name's settings in your Personal Profile. Providing false or inaccurate details, failing to update them, or failing to respond within fifteen (15) days to an inquiry about their accuracy is a material breach of this Agreement and of the Registration Agreement and may lead to the suspension or cancellation of the domain name.
ICANN rules require the Registrar to verify the Registrant's email address. The Registrar sends a verification message to that address after a registration, a transfer or a change of the Registrant's details; if the address is not confirmed within fifteen (15) days, the Registrar suspends the domain name until it is. The Platform reminds you of a pending verification and lets you send the message again.
The Domain Services are available only to persons at least eighteen (18) years of age.
18.3 Registration data and privacy
The owner details are passed to the Registrar and, through it, to the Registry, and are processed by them under the Registration Agreement, ICANN's Registration Data Policy and their own privacy policies, as described in our Privacy Notice. Where the zone allows it, the Platform turns on the Registrar's privacy service by default, which keeps the Registrant's details out of public registration data lookups (RDAP/WHOIS). Some Registries do not allow a privacy service or require certain details to be published, and the Registrar and the Registry may disclose registration data where the law or an ICANN policy requires it, for example to law enforcement or in a domain name dispute.
18.4 Prices and payment
The prices of registration, transfer, renewal and restoration depend on the zone and on the name, are shown in the Platform before you confirm an order and are charged in US dollars from your Current Balance. The price you pay is the price shown when you confirm; if it changes before the order is placed, the Platform shows the new price and asks you to confirm again. Some names are offered by the Registry at a premium price, which is shown before you confirm.
Registration, transfer and renewal fees can be paid only from funds you have paid into your Current Balance; bonus funds, promotional credits and the maximum allowable limit of the Current Balance cannot be used for them. Some zones require a minimum registration or renewal term longer than one year; the Platform offers only the terms the zone allows.
Where the Platform offers a promotion for domain names (for example, the first year of registration free of charge on eligible Pricing Plans), it is granted once per account, applies only to the first registration period and to the names and zones stated in the Platform, and does not apply to renewals.
Domain Charges are exclusive of taxes, as described in section 5.
18.5 Renewal, automatic renewal and expiry notices
A domain name is registered for the period you choose and must be renewed before it expires. Its expiry date and its current renewal price are shown in the Platform.
Automatic renewal is on by default and can be switched off at any time in the domain name's settings. While it is on, the Company renews the domain name from your Current Balance, starting thirty (30) days before its expiry date, for the shortest renewal period the zone allows, at the renewal price in effect on the day of renewal. If your Current Balance cannot pay for the renewal, the renewal is not made and the Company keeps trying until the domain name can no longer be renewed at the regular price (see 18.6). The Registrar's own automatic renewal is not used.
The Company sends renewal reminders by email to the owner of your Personal Profile and to the administrator who ordered the domain name approximately thirty (30) days, seven (7) days and one (1) day before expiry, and once after expiry. The Registrar may also send its own notices to the Registrant's email address. Keeping these addresses working and reading these messages is your responsibility; not receiving a reminder does not extend a registration.
18.6 Expired domain names, redemption and deletion
If a domain name is not renewed by its expiry date, it expires: the Registrar may stop it from resolving and point it to nameservers or a page of its own, including a page with advertising, as described in the Registration Agreement, and your website and email on that domain name stop working.
For a limited period after expiry, set by the Registrar and the Registry, the domain name can still be renewed at the regular renewal price — automatically, if automatic renewal is on and your Current Balance allows it, or from the domain name's page in the Platform.
After that period, where the Registry offers it, the domain name enters a redemption period (typically thirty (30) days) during which it can be restored only on request, for the restoration fee shown in the Platform or quoted by our support before you confirm.
After the redemption period, or where there is none, the Registry deletes the domain name and anyone may register it. Before that, the Registrar may also offer an expired domain name to others, including by auction, as the Registration Agreement provides. The Company is not liable for the loss of a domain name that was not renewed.
18.7 DNS Hosting
Where a domain name uses the Company's nameservers (currently ns1–ns4.axldns.net), the Company hosts its DNS zone. You manage its records in the Platform; records required by Platform features you connect to the domain name (for example, your site or email) are created and updated by the Platform and cannot be edited while the feature is connected.
DNS Hosting is charged monthly in advance, at the price shown in the Platform (currently one US dollar (US$1) per domain name per month), from the day the domain name starts using the Company's nameservers. The DNS Hosting fee may take your Current Balance below zero, in which case section 5 applies. A month in which the Company's nameservers did not serve the domain name — because its registration had expired or because it pointed to other nameservers — is not charged.
If a domain name stops using the Company's nameservers, the Company deletes its zone from them a few days later; the records stay in your Personal Profile and are restored if the domain name is pointed back to the Company's nameservers. You can export the records as a standard zone file at any time. The Company does not guarantee uninterrupted DNS service and is not liable for the consequences of records you create or change.
18.8 Transfers
You may transfer a domain name registered elsewhere to the Registrar through the Platform, using the authorization code issued by its current registrar. A transfer usually completes within five to seven (5–7) days. It may be rejected by the current registrar or the Registry, in which case the transfer fee is returned to your Current Balance. For most zones a transfer adds one year to the registration period.
To transfer a domain name to another registrar, or to point it to nameservers other than the Company's, contact our support. The Company will unlock the domain name and provide its authorization code within five (5) calendar days of your request, as ICANN's Transfer Policy requires, including where your Personal Profile is blocked or this Agreement has ended. The Company will not refuse such a request for a reason the Transfer Policy does not permit; amounts unpaid for other Platform functionality are not such a reason.
The Transfer Policy and the Registrar may prevent a transfer to another registrar for sixty (60) days after a registration, a transfer or, where applicable, a change of Registrant, and a domain name subject to a dispute or a court order may be locked. A change of Registrant may require confirmation by the current and the new Registrant.
18.9 Acceptable use and abuse
You must not use a domain name ordered or hosted through the Platform for unlawful purposes or in breach of section 10, including phishing, pharming, distributing malware, operating botnets, spam, fraud, infringing the rights of others, or content involving the sexual abuse of children, and you must comply with the Registrar's and the Registry's acceptable use policies.
The Company and the Registrar may, without notice and without refund, suspend, lock, redirect, place on hold, transfer or cancel a domain name, or stop hosting its DNS zone, where required by law, a court or ICANN, to resolve a dispute, to prevent or address abuse, to protect the stability or security of a Registry or the DNS, or where the owner details are false.
Reports of abuse involving a domain name registered or hosted through the Platform may be sent to support@axl.tech with the subject "Abuse"; they may also be sent to the Registrar through the abuse-reporting channel it publishes.
18.10 Disputes about domain names
A dispute over the right to a domain name is resolved under the UDRP, the URS where it applies, a Registry's own dispute policy, or by a court of competent jurisdiction. The Registrar and the Company will implement a decision made under those procedures. The Company does not take part in such disputes on the Registrant's behalf.
18.11 Restricted zones and countries
The Platform offers only the zones listed in it. The Domain Services are not provided to Registrants located in, or to persons ordinarily resident in, countries or regions subject to comprehensive sanctions or embargoes, or to persons listed on a sanctions list that applies to the Company or the Registrar; the Company and the Registrar may refuse or cancel an order, or freeze or cancel a domain name, where they cannot confirm that this is not the case. Some zones have eligibility requirements (for example, a local-presence rule); the Platform does not offer such a zone unless it collects the information that zone requires, and you are responsible for meeting any eligibility requirement that applies to a domain name.
18.12 Ending the Domain Services
You may switch off automatic renewal or stop using the Company's nameservers at any time. Termination of this Agreement, or the blocking or deletion of your Personal Profile, does not cancel domain names already registered: they remain registered until their expiry date and are renewed only if your Current Balance pays for the renewal. You may request their transfer to another registrar at any time as described in 18.8. When this Agreement ends, ask our support to point your domain names to other nameservers or to transfer them; until then DNS Hosting continues as described in 18.7.
18.13 Changes of Registrar and of policies
The Company may, on notice to you, move domain names registered through the Platform to another ICANN-accredited registrar, in accordance with the Transfer Policy and with your authorization where it requires one, without shortening their registration period; that registrar's registration agreement then applies. The Registrar may amend the Registration Agreement as it provides, and ICANN and the Registries may change their policies; such changes apply to your domain names.
18.14 Liability
The Company is not responsible for the acts or omissions of the Registrar, the Registries or ICANN, for the availability of a domain name, for a domain name being registered by someone else before your order is completed, or for the loss of a domain name that was not renewed, not verified, or suspended or cancelled under this section. Section 8 applies to the Domain Services.