Effective: 21.03.2024
Previous versions are available here.
1. Introduction
1.1. Xeropan provides its users with interactive language learning content in the software environment they need to use it. Through Xeropan, the User has access to digital language learning content, the description of which is provided on the Website and in the mobile applications. The purpose of the following terms and conditions (hereinafter referred to as the "Agreement") is to define the rules, legal framework, rights, and obligations of Xeropan International Ltd. (hereinafter: „Service Provider”) and the user (hereinafter: „User") with respect to the use of the Xeropan Website (www.xeropan.com, including all libraries and sub-domains) and mobile application (hereinafter collectively referred to as "Xeropan"). A user is anyone who uses the Xeropan functions in any way, including the installation of applications on any device.
1.2. Xeropan is available in several languages, and the content, structure, functionality, and features of each language version may differ from each other.
1.3. This Agreement is drawn up in Hungarian, in the event of any discrepancy between a translation in any other language and the Hungarian text, the Hungarian text shall prevail.
1.4. The technical information and specifications necessary for the use of Xeropan, which are not included in this Agreement, are available on the Website or in the Application.
1.5. This Agreement is not applicable to the use of Xeropan in Hungarian public education in connection with the KRÉTA DKT system or the use under a separate agreement with the Service Provider (except to the extent that the separate agreement refers to this Agreement), in these cases this Agreement does not apply.
2. Service provider details
Name: Xeropan International Kft., a company registered in Hungary (European Union)
2.1. Registered seat: 4026 Debrecen, Hunyadi János utca 22., floor 3. Door 1.
2.2. E-mail address: info.en@xeropan.com
2.3. Tax number: 26304706-2-09
2.4. Company registration number: 09-09-029639
2.5. Representative: Attila M. AlGharawi (Managing Director, with independent right of representation)
3. Acceptance of terms and conditions
3.1. Use of Xeropan is subject to acceptance of the Agreement. Use of Xeropan is governed by the Agreement and no part of Xeropan may be used without acceptance of the Agreement. Acceptance of the Agreement is primarily by clicking on the checkbox indicating acceptance of these terms and conditions, without such acceptance, the use of Xeropan is prohibited. By accepting the Agreement, the User declares that he/she has read, understood, acknowledged, and expressly accepted the terms of this Agreement. The Agreement shall not be deemed to be in writing under applicable Hungarian law.
3.2. The Xeropan application is currently available on the Apple App Store and Google Play application stores, so the User may also be subject to the terms and conditions of these platforms and must comply with these terms and conditions.
3.3. In Xeropan, contents and services of third parties (such as other providers) are also accessible, and as a result the contractual or usage terms of these third parties apply to such content and services, and the User accepts those terms by using Xeropan. In particular, but without limitation, YouTube videos are accessible in Xeropan. As a result, by using Xeropan, the User accepts the YouTube Terms of Use - available at https://www.youtube.com/t/terms - and agrees to be bound by them.
3.4. The Service Provider reserves the right to change Xeropan. The Service Provider has the right, at its discretion, to make Xeropan and any version of it available on any platform, geographic area or distribution channel, to refrain from making it available, to limit or terminate its availability, and to change certain functions, content or services of Xeropan, to make them unavailable or only available to a limited extent, in general or on a particular platform, distribution channel or geographic area.
4. Description of Xeropan
4.1. Xeropan apps are free to download and Xeropan is free to use for a limited period of time.
4.2. Free Use Policy: Xeropan may be used for one 5-minute period every 10 hours free of charge under the conditions detailed below. The User is entitled to access any content available on Xeropan for free for an interrupted, contionous period of 5 minutes (advertisements and/or sponsored content are not considered interruptions). After this 5 minute of use, the User is not entitled to access or perform any use action related to the educational content available on Xeropan for 10 consecutive hours (hereinafter "Limitation"), but may log into his/her profile. The User shall be entitled to use Xeropan free of the Limitation and (unless otherwise provided for in this Agreement) free of third-party advertising upon payment (hereinafter "PRO" or "PRO Package").
4.3. Subscription to the PRO Package: The User is entitled to use Xeropan under the PRO Package on a subscription basis, which entails payment. The fees listed in Xeropan are gross amounts, which include all costs incurred during the subscription period, payable to the Service Provider. Accordingly, the User shall pay the PRO Package fee for a predetermined period (indefinite or fixed), with different prices, the duration of which may be chosen by the User from among the periods published by the Service Provider in the Xeropan Application and Website.
4.4. Subscriptions for a fixed period:
4.4.1. The PRO Package is available on the one hand by means of fixed, continuous, non-suspendable and non-interruptible subscriptions for a pre-defined period (defined in days, weeks, months, or years). The Service Provider may define differently priced periods of different lengths, from which the User may choose.
4.4.2. Subscriptions for a fixed term (i.e., not "Lifetime") are automatically renewed (unless expressly provided otherwise). Accordingly, after the expiry of the subscription period chosen by the User, a new subscription period of the same length as the previous one will start without any further specific legal declaration (and at the same time a new fixed term of the same length will start), at the beginning of which the User will be obliged to pay the fee applicable for the subscription period at the time of payment, as published by the Service Provider, with which amount the Service Provider is entitled to unilaterally initiate payment according to the payment method specified by the User. If the User does not wish to do so, the subscription must be cancelled at least 24 hours before the end of the subscription in progress. The Service Provider highlights the fact that, due to the technical features of the Apple App Store and Google Play, the removal of the application from the device or the deletion of the profile in the Application does not result in the cancellation of the PRO Package, in the case of applications, it is necessary to cancel the subscription in the Apple App Store or Google Play store.
4.5. Lifetime Subscription: the PRO Package, on the other hand, is available in a package unlimited in time (so-called "Lifetime Subscription" or "Lifetime"), whereby the User remains entitled to the PRO Package during the duration of his/her user account (regardless of its duration), for the payment of a lump sum fee, as long as Xeropan is publicly available and the PRO Package is provided by the Service Provider in a substantially unchanged form. Accordingly, if the PRO Package becomes available only in a substantially different form - for example, if Xeropan or some of its features cease to be available on a subscription system, or if the PRO Package is replaced by multiple subscription packages with different content - the content available to the Lifetime User will be, or services may change or the PRO Package may become unavailable to the User account holder (in this context, the Service Provider will endeavour to ensure that the User is not disadvantaged, but does not assume any obligation in view of the diversity of options and user needs).
4.6. Period of use of the PRO Package: The User shall pay the fee for the use of the PRO Package in advance for the periods defined by the Service Provider on the dedicated Xeropan platform (hereinafter "PRO periods") or, in the case of a "Lifetime" subscription, for an indefinite period, until the occurrence of one of the conditions set out in the Agreement above, for the whole period.
4.7. The Service Provider may change the price of the PRO periods from time to time, which will be communicated to the User in advance. The price changes will be effective for the User from the first full PRO period following notification of the price change. The User may reject the price change by cancelling the PRO Package or purchasing a "Lifetime" subscription as described above before it takes effect.
4.8. The fixed term subscription to the PRO Package will be automatically renewed after the expiry of the PRO period without any further notice unless the User cancels the subscription to the PRO Package 24 hours before the end of the current PRO period in the dedicated interface. As a result of the renewal of the PRO Package in accordance with this paragraph, a new PRO period of the same duration as the completed PRO period (excluding the duration of any PRO period previously used free of charge) will start, the payment of the applicable fee is due on the first day of the new PRO period. In order to pay the fee for the PRO period that has commenced, the Service Provider shall be entitled, from the due date and up to the amount due, to initiate payment on behalf of and at the expense of the User, which the User, by accepting this Agreement and providing the necessary data for such payment, expressly authorizes the Service Provider and any third party acting on behalf of the Service Provider. If the subscription fee for the PRO Package is not paid by the User, the Service Provider shall be entitled to suspend or terminate the User's access to it.
4.9. The cancellation of the PRO Package will take effect on the day after the last day of the then current PRO period, from which date the User will only be entitled to use Xeropan in accordance with the free use policy.
4.10. The Service Provider shall not be obliged to refund any fees already paid for the PRO Package in progress (even in the event of termination of the Agreement). The PRO period or "Lifetime" subscription that has been started cannot be interrupted or discontinued based on the request of the User and the PRO Package cannot be reclaimed for any reason whatsoever in the event of contractual performance by the Service Provider. Accordingly, if the User has started to use the PRO Package, its duration, e.g., the PRO period, shall be continuous and uninterrupted and shall not be interrupted at the User's request. The PRO Package may be used only by the User and is available only from the registered account of the User who has started using it, and the right to use the PRO Package is non-transferable and non-inheritable. The Service Provider may, at its discretion, offer non-free PRO Package subscriptions that may be transferred – for example as a gift – before they are activated in a User's profile, in which case the PRO period starts upon activation, without a free trial period, provided that additional conditions may apply.
4.11. The subscription periods for the PRO Package and their prices are determined by the Service Provider at its sole discretion. The Service Provider reserves the right to change the prices indicated at its sole discretion, which shall not apply to the PRO period in progress, i.e., already paid. Furthermore, to the extent permitted by law, the Service Provider is entitled, in deviation from this Agreement.
4.11.1. to determine differently the characteristics of the Limitations (in particular, the period of free use and the period between free use periods)
and
4.11.2. to make PRO Package subscriptions for fixed term or Lifetime subscriptions available for different prices and/or for different PRO periods
based on geographical areas, time periods, platforms, or other circumstances.
4.12. The Service Provider is entitled to unilaterally modify the characteristics of the Limitation (in particular the permitted period between free use periods), and may also determine them temporarily or permanently differently from the provisions of clause 4.2. above.
4.13. Free trial: new users can try the PRO Package for free for 7 days. After this 7-day trial period, the User shall start a subscription for a fixed period of his/her choice, the price for which will be automatically debited by the Service Provider from the User's registered payment method after the 7-day trial period. By downloading the application and logging in (logging in is sufficient when using the Xeropan website), the User becomes entitled to access the PRO Package for a 7-day (168-hour) continuous, uninterruptible trial period, starting at a time of the User's choice, without any charge. The trial period defined in this paragraph is conditional upon the provision of all the declarations, data, and information necessary for the subsequent non-free use of the PRO Package, under a subscription for the chosen duration. The User further acknowledges that, if he does not terminate the PRO Package during the trial period referred to in this paragraph, the Service Provider shall, without any further specific legal declaration, act in accordance with the declarations he has made after the expiry of this period, and the User shall be liable to pay accordingly. In other words, if the User does not cancel the subscription to the PRO Package by the end of this 7-day trial period, the User authorizes the Service Provider to initiate payment of the PRO Package for the PRO period of his choice, in accordance with the payment method chosen by the User. After the expiry of the 7-day trial period, if the PRO Package subscription fee has been paid, the User shall not be entitled to a refund of this fee. Each User may only be entitled to the free use of the PRO Package under this clause once, whereby if, when the data are provided, the Service Provider detects that the trial period under this clause has already been used with any identical identifier or using the same credit/debit card, it may refuse to re-initiate the trial period under this clause. The Service Provider will endeavour (but is under no obligation), within the limits of the given circumstances (such as the operating system of the User's device, the type of Internet browser used, their settings), to provide the User with a warning before the expiry of the trial period, but this may require the User to change settings, provide additional information (e.g. to allow push messages, to provide a contact email address).
4.14. Inviting other users: the Service Provider may give the User the option, in certain interfaces or versions of Xeropan, to invite one or more friends to use the Xeropan application. In this case, the Service Provider will send a system message to the invited party on behalf of the User or on his own behalf, informing him of the possibility to use the service. The User shall only be entitled to authorize an invitation if he/she has obtained the necessary consent from the recipients and can prove this. By accepting this Agreement and initiating the invitation, the User expressly consents and authorizes the Service Provider to send a system message on his behalf in connection with this function. Following the any such invitation. The User acknowledges that he/she may also invite friends to use the Xeropan application. With regards to this, the Service Provider may allow the User to use the PRO Package free of charge for a limited period of time. The User acknowledges that the duration of the free PRO period available under this paragraph may be determined by the Service Provider unilaterally and at its discretion, based on whether all his/her friends are invited, how many friends are invited or any other relevant circumstances.
4.15. Discounts, promotions: from time to time, for a shorter or longer period of time, the Service Provider may, at its sole discretion, offer discounts, special offers (hereinafter referred to as "Discounts"), which it may inform the User about the conditions of use of the Discounts during the use of Xeropan (if the User has consented to it) on the Xeropan interface, as well as through in-app and push notifications. The Service Provider is entitled to introduce, terminate, or change the terms and conditions of the Discounts at its sole discretion.
5. Rules for registration and use
5.1. By using Xeropan and by accepting the Agreement, the User declares that he/she complies with the terms and conditions described in this clause.
5.2. Use without registration: Xeropan can be used without registration, but in this case the User will only have access to Xeropan with limited functionality, will not be able to access his/her progress from a new device, and his/her other data and PRO subscription will only be available on one device. In order to use Xeropan's social features, to continue learning on another device, to follow the progress of your friends, to track your progress and to invite other learners, you will need to register. Given the technical limitations, it may occur that, due to changes on the unregistered User's device (e.g., deletion of cookies), the unregistered User will not be able to access his/her progress, other data, and PRO subscription again, in which case the Service Provider will ask the User to contact its Customer Service. Considering that the use of Xeropan without registration, the subsequent identification of the unregistered User and the subsequent continuation of the use (learning) by such User require the existence of certain conditions (such as the appropriate setting of the User's browser or device) that are beyond the control of the Service Provider, the Service Provider is not responsible if the unregistered User's data and the results of his previous use become inaccessible or if she/he is no longer able to log in to his previous unregistered user account.
5.3. Registration: The User can create a Xeropan user account to use Xeropan. Registration can be done with the User's existing Facebook, Apple, or Google account. The registration will be reviewed and approved by the Service Provider. The Service Provider shall be entitled to review the registrations and, subject to the requirement of equal treatment, to withdraw consent to the registration and prohibit further access to Xeropan at its discretion. The User shall be responsible for the accuracy and veracity of the data provided by the User. If it is proven that the data are untrue or if the Service Provider has doubts as to the accuracy of the data, the Service Provider shall be entitled to deny access without prior notice and without giving reasons.
5.4. Xeropan should only be used by people over the age of 18. If a User under the age of 18 or not otherwise entitled to contract on his/her own behalf (for example, due to the laws of his/her country) wishes to use Xeropan, the Agreement and, if necessary for that User, any other declaration required for the use of Xeropan may only be made by his/her legal representative or with his/her consent, which declaration the User must send to the Service Provider.
5.5. The User is entitled to use Xeropan in accordance with the principle of the proper exercise of rights and its intended purpose. The exercise of rights and use is deemed to be for the intended purpose, in particular, if the use is made in compliance with the provisions of this Agreement and in accordance with the function and principles of Xeropan. The use may not directly or indirectly for a commercial purpose, nor may it lead to such a result.
5.6. When using Xeropan, the User shall be responsible for the accuracy, correctness and legality of the data provided by the User. By uploading any data, the User warrants that the proper use of the uploaded fata for the intended purpose does not infringe the rights of any third party.
5.7. The User acknowledges that the Service Provider has the right to monitor the use of Xeropan and to take any action it deems necessary (including the deletion of the User's account) at its sole discretion, without prior notice and without giving any reason, if it detects any User activity that is inconsistent or contrary to the Agreement, the law, or its own reasonable assessment.
5.8. New versions of Xeropan: The Service Provider is continuously developing Xeropan, creates updates and new versions. The Service Provider shall not be liable for the use of a version earlier than the latest available version by the User (from the time the new version becomes available to the User if it contains a critical security enhancement and the Service Provider draws the User's attention to this, otherwise if it has been available to the User for more than 15 days). The User acknowledges that he/she is solely responsible for the proper and bona fide use of the Xeropan mobile applications, for keeping them up to date and for running the latest version at any given time. The User acknowledges that the Service Provider may unilaterally and at its sole discretion decide to discontinue the use of a previously available version or state of Xeropan, regardless of the impact on the scope and nature of the content, functions, and services available on Xeropan, upon the release of a new, updated, modified or otherwise different version of Xeropan than the one available at the time. The Service Provider shall not be liable for any damage or injury which could have been avoided if the latest version of Xeropan available at the time of its occurrence had been used, or which has arisen as a consequence of improper use, breach of contract or bad faith use by the User.
6. Link to the Xeropan Classroom app
6.1. Xeropan Classroom is a dedicated application for language teaching that allows language teachers to integrate their teaching activities with learner-focused learning with Xeropan. With this solution, the User's language teacher can follow the User's progress, assign tasks, and check their completion, and monitor the User's progress. Based on Xeropan Classroom, a language learning group can be formed from several Users. When using Xeropan, the User has the possibility to connect to a language teacher profile registered on the Xeropan Classroom application in order to be taught by his/her language teacher through the Xeropan applications. As a result, in the Xeropan Classroom teacher profile linked to the User's Xeropan profile, some of the User's data stored in Xeropan will be available and accessible, as well as data to evaluate them and, based on this, metrics to measure the User's learning performance and language proficiency.
6.2. This way, some of the data provided by the User in Xeropan (e.g., assignment solutions, picture) can be accessed by the Xeropan Classroom teacher profile holder. The link to the Xeropan Classroom teacher profile requires a prior action by the User, it is not automatic, the Service Provider will not transfer any data about the User to the Xeropan Classroom users without the User's action (i.e., acceptance of the link with the teacher). Accordingly, it is the sole responsibility of the User to choose which Xeropan Classroom users will have access to his/her data, regarding which the Service Provider shall not assume any further responsibility.
6.3. If the subscription to the PRO Package is made through Xeropan Classroom, the user of Xeropan Classroom will receive a coupon code, and from the moment it is entered in the relevant Xeropan interface, the first User to enter it will be entitled to use the PRO Package for the period of time specified in Xeropan Classroom. The coupon code referred to in this point is transferable before its activation and before the start of the subscription period. By providing the coupon code, the User expresses his/her consent to the start of the subscription and acknowledges the termination of the right of withdrawal.
6.4. In the case where a user of the Xeropan Classroom application (i.e., a language teacher) subscribes to a PRO Package for his/her students (i.e., Users) (using Xeropan Classroom), the subscription will not be automatically renewed at the end of the period, and the User will have to initiate the continued use of the PRO Package separately.
7. Subscribe to our newsletter
Xeropan only sends newsletters to Users who have given their consent, which can be withdrawn by unsubscribing from the newsletter. Upon acceptance of this Agreement, or upon registration with a Facebook or Google account in the Xeropan mobile application, the User may subscribe to receive newsletters and other promotional mailings from the Service Provider. The User has the right to withdraw his/her consent at any time by clicking on "Unsubscribe" at the bottom of the newsletter or by sending a message to the Service Provider's customer service. After unsubscribing, the Service Provider will not send the User any further newsletters or other advertising mailings.
8. Advertisements
The Service Provider may provide the possibility for external advertising service providers to publish advertisements when using Xeropan, which advertising content or other content other than the Xeropan website that can be reached by clicking on the advertisement is outside the control of the Service Provider, and thus the Service Provider is not responsible for the content of the advertisements or the data management practices of the advertising service providers. During the PRO subscription period, the Service Provider will not allow external advertising providers to publish advertisements, but Xeropan's interfaces and content may include elements that may constitute or give the impression of advertisements (for example, the possible mention of certain brands in connection with a lesson).
9. Supervision, governing law, competent court
The Service Provider's head office is located in Hungary, but Xeropan is made available in many countries around the world. During the term of the Agreement, and in particular for the use of Xeropan, the laws of Hungary shall apply and the jurisdiction and competence of the Hungarian courts having jurisdiction and competence at the place of the Service Provider's registered seat shall be stipulated for the settlement of any disputes arising (if the consumer rights applicable in the given situation allow for this). The Service Provider shall endeavour to settle any concerns arising in an amicable manner, internally, without the necessity to go through official/judicial channels and requests the User to cooperate in the amicable settlement of the matters.
10. Complaints handling, correcting data entry
10.1. If you experience any errors or problems, or if you have any concerns, you can go to Profile > Settings > FAQs for more information or further help. Users may send any issues, comments, or complaints they may have experienced while using Xeropan to info.en@xeropan.com, with a detailed description of the circumstances of the case, if possible, in order to ensure a smooth resolution of the problem. The Service Provider requests the User to report any data entry errors to the same email address.
10.2. The Service Provider shall, where it has the possibility to do so, remedy the complaint immediately. If it is not possible to remedy the complaint immediately, due to the nature of the complaint, or if the User does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint for five years, together with its substantive response to the complaint.
10.3. The Service Provider will respond to your written complaint within 30 days.
10.4. If the complaint is rejected, the Service Provider shall inform the User of the reasons for the rejection.
11. Other enforcement options
11.1. The Service Provider will endeavour to provide Users with the best user experience, and to resolve any concerns they may have in a reassuring manner. If any consumer dispute between the Service Provider and the User is not resolved in the course of negotiations with the Service Provider, the User, who is a consumer, may apply to the conciliation body competent for his/her place of residence or domicile and initiate the proceedings of the body, or may also apply to the conciliation body competent for the place of the Service Provider's registered office, and the following enforcement options are available to the User:
11.1.1. File a complaint to the consumer protection authority,
11.1.2. Initiation of the proceedings of the consumer arbitration board, data, and contact details of the body competent for the Service Provider's seat:
ARBITRATION BOARD OF HAJDÚ-BIHAR COUNTY
Headquarters: 4025 Debrecen, Petőfi tér 10.
Opening hours: Tuesday, Wednesday, and Thursday: 9:00-
12:00 and 13:00-15:00; Monday and Friday: reception closed.
Location: 4025 Debrecen, Vörösmarty u. 13-15
Tel: 36-52-500-710, +36-52-500-745
Fax: +36-52-500-720
E-mail: bekelteto@hbkik.hu
11.1.3. Initiate legal proceedings in court.
11.2. There is no code of conduct available under the Unfair Commercial Practices Act.
12. Intellectual property, other rights
12.1. Xeropan as intellectual property is protected by law (including the Website, the Apps and all available, visual, audio, video and any other learning material, content, documentation). Xeropan is the exclusive intellectual property of the Service Provider (or any person licensing it to the Service Provider), including in particular that it is the exclusive owner of all relevant copyrights, trademarks, know-how and any other intellectual property rights, trade secrets. The Service Provider does not transfer any intellectual property, and grants only the limited right of use expressly set forth in this Agreement and reserves all other rights.
12.2. Xeropan (including all content available therein) is for private, end-user use only. The use may not be for direct profit, to divert, reduce or divert revenues available to the Service Provider, to distribute Xeropan as a product (not including the recommendation of Xeropan), and to make it available through a sales channel not approved by the Service Provider.
12.3. The Service Provider grants you, non-transferable, non-sublicensable, non-exclusive, non-transferable, non-transferable, non-transferable, non-exclusive right to download the Xeropan mobile application via Apple App Store and Google Play and to install it on an unlimited number of devices owned or used by you, and to use (run, display) Xeropan in the manner expressly offered or permitted by Xeropan in the course of its operation without geographical limitation. It is forbidden to use Xeropan in ways other than those expressly authorized herein (in particular, but without limitation it is forbidden to adapt, create a derivative work, reproduce, distribute, publicly perform, transmit to the public by broadcast or otherwise, retransmit to the public by any other means than by the original means it is transmitted by, adapt, exhibit, reproduce, transfer, store or copy the broadcast work). The Service Provider does not transfer any rights and does not grant any exclusive rights.
12.4. The saving or printing of the contents of Xeropan, as well as parts of it (in particular the language learning materials), on physical or other media, is permitted for private use only, according to the intended use, within the limits set out above. Any other use, in particular for profit or commercial purposes, is prohibited.
12.5. Any activity aimed at the delisting, systematization, archiving, hacking, or decrypting of the Service Provider's software or database is prohibited. It is forbidden to modify, copy, add new data or overwrite existing data by bypassing the interface or search engines provided by the Service Provider.
12.6. Third party intellectual works available in Xeropan are subject to third party rights, and as such, terms and conditions other than those of the Agreement may apply.
12.7. Trademarks, brand names, trade names (including registered and unregistered signs, in particular Xeropan and Xeropan Classroom) and domain names appearing on certain Xeropan interfaces or in connection with Xeropan may not be used by the User without the express written permission of the User.
13. User Responsibility
13.1. In particular, (but without limitation) the User is responsible for his/her own conduct, acts of use and for keeping and maintaining secret the identifiers, passwords and accounts that allow him/her to access Xeropan, and for his/her devices and other software running on them. The User shall fully indemnify, defend, and hold harmless the Service Provider, its representatives, employees, agents, contractors and other contributors from and against any and all damages, liabilities, claims, demands, suits, costs, expenses, resulting directly or indirectly from
13.1.1. User's use of Xeropan and/or other content, products and services of the Service Provider, User's participation in programs and games organized by the Service Provider in connection with Xeropan, User's access to Xeropan in any form, User's sending, providing, publishing or making available to the Service Provider (in any form, but especially electronic and postal) any written, visual, video or other content of the User;
13.1.2. breach by the User of the provisions of the Agreement, any applicable law, rights of the Service Provider or any other third party;
13.1.3. any activity related to your Apple, Facebook or Google or other account or password of the User;
13.1.4. in connection with the use, enjoyment, reference to or exploitation of third-party content (including, without limitation, intellectual property rights) by the User.
13.2. The Service Provider has the right, but not the obligation, to monitor the content that may be made available by Users when using Xeropan, and the Service Provider has the right, but not the obligation, to search for signs of illegal activity with regard to the content posted.
13.3. If any of the provisions under this Title - Indemnification, Exemption, Protection - is not applicable due to a legal provision which does not allow derogation, and which is strictly applicable to the legal relationship of the Parties or for any other similar reason, the provisions concerned shall be replaced by the closest legal provisions.
14. Exclusion or limitation of liability
14.1. The Service Provider may be subject to non-excludable warranty and guarantee obligations defined by law based on the User's nationality or place of residence (in particular if the User is resident in the European Economic Area), which the Service Provider shall respect and fulfil. The Service Provider continuously improves Xeropan and the educational materials that are part of it and endeavours to ensure that the User can use it continuously, with the best possible quality and safety. The User acknowledges, however, that the Service Provider provides Xeropan, as-is, with all faults, including any defects or deficiencies that may arise, in the form and manner in which it is available to the User at all times, and that the Service Provider does not assume any warranty or guarantee beyond the warranty and guarantee rights to which the User is entitled under the law. Unless otherwise provided for by law, the Service Provider shall not assume any liability, warranty, or guarantee for any direct or indirect damage (including virus attacks and data loss) to the User's computer or other property or data resulting from the use of Xeropan, regardless of the legality or illegality of such use. Furthermore, the Service Provider does not assume any warranty or guarantee in relation to the User's progress in the learning material or the development of his/her language skills.
14.2. The Service Provider expressly excludes any liability for the conduct and omissions of third parties. All payment transactions made in the course of and in connection with the use of Xeropan will be processed and executed by third party service providers in accordance with the terms of use and other terms and conditions and the data processing and other policies and rules of such third party or parties. It is recommended that the User thoroughly and exhaustively inform himself about the terms and conditions set by these third-party service providers.
14.3. The Service Provider will endeavour to ensure the continuous availability of Xeropan; however, outages may occur from time to time. The Service Provider accepts no liability for any direct or indirect damage to the User's computer or other property as a result of data connection errors, intermittent or permanent unavailability of content/service, which shall not be ground for a refund.
14.4. The correction of any qualitative, technical, or informational inaccuracies or errors in the information(s) displayed on any Xeropan platform (including social media) is the sole right of the Service Provider, which may do so at its sole discretion, without prior notice and without giving any reason.
14.5. The Service Provider shall not be liable for any legal or other compliance of Xeropan outside the territory Hungary. Nothing in this clause shall be construed as a limitation of any consumer's rights that cannot be derogated.
14.6. The User may use Xeropan solely at his/her own risk and agrees that the Service Provider shall not be liable for any damages or injury arising from the use of Xeropan beyond the liability for intentional breach of contract or for damages to human life, body, or health. The Service Provider shall not be liable in particular (but not exclusively) for indirect and consequential damages, loss of profit.
14.7. The Service Provider is not responsible for the content published or made available by Users or third parties when using Xeropan. Users are fully and solely responsible for their own conduct. The Service Provider shall fully cooperate with the competent authorities in order to detect any possible infringements. The Service Provider excludes all liability for the conduct of Xeropan users. The User shall ensure that the use of Xeropan does not directly or indirectly infringe the rights of third parties or the law.
14.8. Xeropan may contain links to other providers' sites. The Service Provider is not responsible for the privacy practices or other activities of such service providers.
14.9. If any provision under this title - Exclusion or Limitation of Liability - is not applicable to the User in question due to a legal provision which does not allow for any derogation, and which is strictly applicable to the legal relationship of the Parties or for any other similar reason, the provision or provisions concerned shall be replaced by the closest legal provision or provisions which exclude the liability of the Service Provider to the greatest extent possible or, if the former is not possible, limit it to the greatest extent possible (including, in particular, the exclusion of liability for indirect and consequential damages).
15. Right of withdrawal
The Service Provider's performance (the provision of Xeropan digital content) is started with the consent of the User, and the User acknowledges by subscribing that he/she loses the right to withdraw or terminate the subscription. Upon subscription to the PRO Package, the User will have immediate access to the full content, free of any restrictions. Accordingly (from the beginning of any non-free PRO period and "Lifetime" subscription), the User may not exercise his/her right of withdrawal or termination in respect of the PRO Package, as the Service Provider commence performance at the User's request and with the User's express consent, by which the User declares that he/she acknowledges that his/her right of withdrawal/termination is consequently waived (in accordance with Article 29 (1) (m) of Government Decree No. 45/2014 (26.II.) of Hungary).
16. Change of conditions
16.1. The Service Provider reserves the right, at its sole discretion, to modify this Agreement, to modify, add or remove any provision(s) in whole or in part. In this case, the User's continued use of Xeropan or any of its elements shall be deemed to be accepted by the User from the date of its entry into force (as indicated after the title "Effective:"). Unilateral modification of the agreement between the Parties (in force) by the Service Provider (applicable prospectively without acceptance by the other party) may be made in the event of, or for the following reasons, which the User acknowledges as valid reasons:
16.1.1. Due to changes in Xeropan's features, the content it provides, its user interface, the structure of the application, its ability to run on new platforms and other characteristics.
16.1.2. If the legal or other regulatory environment requires.
16.1.3. If required by a court or other authority.
16.1.4. Correction of inaccuracies, administrative errors, typos, calculation errors and misinterpretations, in order to clarify concepts.
16.1.5. If the general terms of use or other governing rules of the platforms (where Xeropan is made available), or the technological environment makes this necessary.
16.1.6. To provide additional rights to Users.
16.2. The Service Provider undertakes to inform the User in advance of the content and date of any amendment to the agreement between the Parties. The Parties stipulate that the User shall be entitled to terminate this Agreement unilaterally at any time (including in the event of a unilateral amendment to this Agreement or if an amendment is not accepted). In this context, however, the Parties stipulate that any further use of Xeropan is subject to acceptance of the Agreement in force.
16.3. In order to keep track of the changes, the User is advised to visit the Xeropan website from time to time, where the previous versions of the texts are available in archived form.
17. Transitional provisions
17.1. Until the installation of the current version of the Xeropan Applications, but no later than 31 May 2024, the provisions of the Agreement shall apply with the exceptions set forth in this Section 17 (the "Special Provisions") to those who registered their User Account prior to March 2021. The possibility of use under this Clause 17 is not available after May 31, 2024, and/or in currently available and later versions of Xeropan.
17.2. Xeropan is available under the Special Provisions in such a way that some content is available for free and other content is available for a fee, and the Pro Package under the Differential Provisions means content available for a fee.
17.3. Free content:
17.3.1. Video lessons (vocabulary, vocabulary tests and video or grammar tests)
17.3.2. Practicing strong and weak words and phrases
17.3.3. A new Weekly lesson every week
17.3.4. 1 Conversation lesson
17.3.5. 1 Grammar lesson
17.3.6. 1 Mini grammar in tests
17.4. The User is also entitled to access the following content as part of the PRO Package. PRO Package:
17.4.1. Ad-free learning experience (unless otherwise provided in this Agreement)
17.4.2. Conversation lessons for all levels
17.4.3. Grammar lessons
17.4.4. Mini grammars in tests
17.4.5. Favorite words
17.4.6. All categories of words
17.4.7. Level change without having to collect stars
17.4.8. Checkpoint lessons
17.4.9. Pronunciation lessons
17.4.10. Conversation vocabulary practice
17.4.11. Bot conversation practice lessons
17.4.12. Vocabulary lessons
17.4.13. Catalogue of previous lessons
17.5. During the term of the Special Provisions, the Service Provider may define the content of the Pro Package differently from clause 17.4 above and of the free services differently from clause 17.3 above, on the Xeropan interfaces, in specific geographical areas, periods, platforms or based on other circumstances, in which case the provisions of the Xeropan interfaces shall apply to the legal relationship with the User.