Last updated: September 10, 2024
We are Winixx Inc. ("Company", "we", "us", "our"), a company registered in New York, United States, with a principal office located at _______________, New York, NY 10022.
By accessing or using our website, applications, or services (collectively, "Services"), you agree to comply with and be bound by these Legal Terms and any other applicable policies, rules, or guidelines posted by us. If you do not agree to these Legal Terms, you must not access or use the Services.
These Legal Terms constitute a legally binding agreement between you and Winixx Inc. regarding your use of the Services and supersede any prior agreements between you and us regarding the Services.
We operate the website https://www.winixx.net (the "Site"), the mobile application "Winixx" (the "App"), as well as other related products and services that refer to these legal terms (the "Services").
Winixx is a technology company that provides digital products, cloud solutions, and enterprise services designed to empower businesses, developers, and individuals. Our platform spans industries including communications, construction, logistics, finance, health, and media. By accessing and using Winixx’s website and services, you gain access to innovative technologies that support productivity, collaboration, and business growth.
The Winixx website serves as a central hub for exploring our products, solutions, resources, and support. It provides information about our company, applications, industries we serve, as well as access to customer accounts, developer tools, and cloud-based services.
You can contact us by email at contact@winixx.net or by mail at [Insert Address], New York, NY 10022, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Winixx Inc., concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will provide prior notice of any scheduled changes to the Services you are using. Modified Legal Terms will become effective upon posting or upon notifying you at notifications@winixx.net. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to contact@winixx.net. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our Services to understand the rights you give us and your obligations when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. We shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be processed securely through our payment processors.
All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
We offer a 14-day free trial to new users who register with the Services. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@winixx.net.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
We may include software for use in connection with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. Any software and related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree not to:
The Services do not allow users to submit or post content.
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms of this mobile application license. You shall not:
The following terms apply when you use the App obtained from the Apple Store or Google Play (each an "App Distributor"):
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy: http://www.winixx.net/privacy. By using the Services, you agree to be bound by our Privacy Policy, incorporated into these Legal Terms. Services are hosted in the United States. By using the Services from other regions, you consent to your data being transferred to and processed in the United States.
These Legal Terms remain in full force while you use the Services. We reserve the right to deny access or use of the Services, including blocking IP addresses, for any reason or no reason, including breaches of these Terms or applicable law. We may terminate your account and any content you posted at any time without notice.
If your account is terminated or suspended, you may not register a new account under your name, a fake name, or a third-party name, even on behalf of someone else. We may pursue civil, criminal, and injunctive remedies.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain or support the Services or supply corrections, updates, or releases.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any legal action brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Manhattan, New York. The Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded. No claim, action, or proceeding related to the Services may be commenced more than one (1) year after the cause of action arose.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors and to change or update information on the Services at any time without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY LINKED WEBSITES OR MOBILE APPLICATIONS. WE ARE NOT LIABLE FOR:
We do not warrant, endorse, guarantee, or assume responsibility for any third-party products or services, hyperlinks, or advertisements on the Services. Use caution and exercise judgment when interacting with third-party providers.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) month period prior to the cause of action arising.
CERTAIN US STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. We shall have no liability for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption.
Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and transaction records. You waive any rights requiring original signatures or non-electronic records.
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision does not constitute a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure caused by events beyond our reasonable control. If any provision is unlawful or unenforceable, it is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created. These Legal Terms will not be construed against us as the drafter. You waive any defenses based on electronic form or lack of signing.
All content, digital assets, software, applications, designs, graphics, logos, text, and other materials displayed or available on the Winixx website (collectively, "Materials") are the property of Winixx or its licensors and are protected by U.S. and international intellectual property laws.
Users are strictly prohibited from copying, reproducing, modifying, distributing, displaying, creating derivative works, or using any Materials for commercial or public purposes without express prior written authorization from Winixx. Unauthorized use of any Materials, including trademarks, logos, software, images, or other digital assets, may result in civil and criminal liability.
All rights not expressly granted are reserved by Winixx. By accessing the website or its services, you agree to comply with all applicable intellectual property laws and restrictions.
To resolve a complaint regarding the Services or to receive further information, please contact us at:
Winixx Inc.
New York, NY 10022
United States
Email: contact@winixx.net
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