X4NITRO
The following are the terms and conditions for use of the "X4NITRO" service. This is a service provided by X4NITRO Inc. X4NITRO Inc. will hereafter be referred to as ("X4NITRO", "we", "us"), and the service provided at X4NITRO.com will be hereafter referred to as "X4NITRO" or "the Service". Please read these terms carefully.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU AGREE THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these Terms of Service ("AGREEMENT").
The Service is offered to you conditioned on your acceptance without modification of the entire terms, conditions, and notices contained herein on this page.
"Account" refers to the billing account for the Service.
"Customer Data" means the data about the characteristics and activity of visitors to your website collected by use of the Client Code which is stored on the Servers and analyzed by the Processing Software.
"Click" is the unit of measurement of usage of the Service. A Click is used when the Client Code is executed on a webpage accessed by a visitor, or when the Click URL is accessed by a visitor.
"Click fraud" is a type of fraud that occurs in Internet pay-per-click advertising where a person or computer system clicks on an ad, without genuine interest in the ad, for the purpose of generating a charge to the advertiser.
"Click URL" means any unique URL assigned to an Account for the purpose of recording Clicks. You will be assigned a unique Click URL corresponding to each advertisement to be tracked via the Service.
"Client Code" means the proprietary X4NITRO code which is installed on a web page for the purpose of collecting Customer Data, together with any fixes or upgrades provided by you.
"Conversion", also referred to as "goal" in the Reports, means the data recorded by use of the Client Code placed on specific portions of your website you have identified as of special interest, such as when a purchase has been made.
"Personal Data" means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
"Processing Software" means the proprietary X4NITRO Software and any all upgrades to such, which analyzes the Customer Data and generates the Reports.
"Report" means the resulting analysis shown at X4NITRO.com (or such other URL the Service may provide) including stored clicks and conversion data.
"Servers" means the servers controlled by X4NITRO upon which the Customer Data is stored and analysed to provide the Reports.
"Software" means the Client Code and the service software which produces the reports.
"Subscription" means the billing terms agreed upon for your Account, between you and X4NITRO.
To register for the Service, you must complete the registration process by providing X4NITRO with current, complete and accurate information as prompted by the registration form, including your e-mail address, username and password. You will at all times be responsible for maintaining the security of your account and password: you should protect your passwords and are fully responsible for your own and third party use of your accounts. X4NITRO cannot and will not be liable for any loss and/or damage resulting from your failure to comply with this security obligation.
X4NITRO, in its sole discretion, may accept or reject for any reason any person as a User of the Service.
You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including but not limited to copyright laws). You are solely responsible for any and all activities that relate to your Account. You agree to notify X4NITRO immediately upon learning of any unauthorized use of your Account or any other breach of security.
From time to time, X4NITRO employees may log in to the Service under your account in order to maintain or improve the Service, including providing you with assistance on technical or billing issues. You hereby acknowledge and consent to such access.
X4NITRO hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Software solely as necessary to use the Service for one or more web pages that you own and control (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access, view and download your Reports stored at www.X4NITRO.com (or such other URL X4NITRO may provide). Your license of, use of and access to the Software and the Service (which may include, without limitation, the Software, documentation and reports) is conditioned upon your compliance with the terms and conditions of this Agreement.
You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Client Code, the Processing Software, the documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software.
You will use the Software, Service and Reports solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Documentation, Software, Service and Reports. The license will expire immediately upon failure to comply with the terms of this Agreement. Upon such expiration, you must destroy all originals and copies of the Client Code in your possession and so certify in writing to X4NITRO within 3 business days of termination and cease any further use of the Service without the express written consent of X4NITRO.
You hereby allow X4NITRO to collect, store and process your Customer Data. The Customer Data may include one or more cookies that X4NITRO uses to differentiate between users. X4NITRO may examine Customer Data to provide you with technical support or to improve the Service.
X4NITRO may retain and use, subject to the terms of its Privacy Policy (located at https://www.X4NITRO.com/privacy/, or such other URL as X4NITRO may provide from time to time), information collected on your use of the Service, in order to, among others, generate anonymous aggregated reports. X4NITRO will not share information associated with you or your Website with any third parties unless X4NITRO (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of X4NITRO, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on X4NITRO's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by X4NITRO. When this is done, it is subject to agreements that oblige those parties to process such information only on X4NITRO's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
Unless you notify X4NITRO otherwise in writing, X4NITRO may identify you as a valued customer and/or disclose that you are using the Service.
The Service allows you to link anonymous data regarding your visitors' activities and actions on your webpage(s) with Personal Data that you have collected regarding the user. You are solely responsible for using, disclosing, or transmitting such visitor data, including Personal Data.
You represent and warrant that:
The X4NITRO Service may be purchased on a monthly or yearly subscription basis under which payment is prepaid. Subscription Service will be automatically renewed and your credit card (or other payment method account) will be charged each month or each year without further authorization from you, until you cancel your account.
You are responsible for paying any applicable fees and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You agree to pay for all services that you purchase through the Service, and we may charge your selected payment method or send you an invoice for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify X4NITRO if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your Account, as well as charges incurred by Accounts associated with or created through your Account, by you or anyone who uses your Account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your Account, as well as Accounts associated with or created through your Account, may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Service, including, but not limited to, sales, use, or value-added taxes.
X4NITRO may offer different service levels at various monthly rates. Should you upgrade or downgrade your service level, the price of the chosen service level will be charged in subsequent monthly periods.
If you exceed the limits of your service level, your account will be upgraded to a service level which accommodates your usage, and the price of this service level will be charged in subsequent monthly periods.
All fees are paid in advance and are not refundable.
You are solely responsible for properly cancelling your account. You can cancel your account at any time by contacting X4NITRO by email at or using the "Help" link on www.X4NITRO.com. Your request must be received at least 24 hours prior to your subscription renewal date, or the cancellation will not be effective until the following month.
All Customer Data and Reports may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel your Account before the end of the current paid period, your cancellation will take effect immediately.
X4NITRO, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Customer Data and Reports in your Account.
You agree to indemnify, hold harmless and defend X4NITRO, at your expense, any and all third-party claims, actions, proceedings, and suits brought against X4NITRO or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by X4NITRO or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service, or (iv) your Brand Features. In such a case, X4NITRO will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. X4NITRO reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If you provide access to your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party ("Third Party"), whether or not you are authorized to do so by X4NITRO, the terms of this Section shall apply to you.
If you use the Service on behalf of any Third Party, you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and you, the Third Party owns any rights to Customer Data in the applicable account, and (c) you shall not disclose Third Party's Customer Data to any other party without the Third Party's consent.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. X4NITRO makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to X4NITRO, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend X4NITRO, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against X4NITRO or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by X4NITRO, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service, the Software or Reports; (c) violations of your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.
X4NITRO WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF X4NITRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
X4NITRO will not be liable for any click fraud detected or not detected by the Software. The Software makes a best effort to identify multiple ad clicks from the same computer system in a short period of time, and to identify anomalous increases in click activity. The Service will notify Client, through online reports and in some cases e-mails, of such identifications. The Service will not prevent the click fraud from occurring, nor detect all types and all instances of click fraud that may occur.
THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY X4NITRO, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. X4NITRO DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
X4NITRO WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF X4NITRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
X4NITRO will not be liable for any click fraud detected or not detected by the Software. The Software makes a best effort to identify multiple ad clicks from the same computer system in a short period of time, and to identify anomalous increases in click activity. The Service will notify Client, through online reports and in some cases e-mails, of such identifications. The Service will not prevent the click fraud from occurring, nor detect all types and all instances of click fraud that may occur.
X4NITRO's total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed US .
The Service, which includes but is not limited to the Client Code and the Software and all intellectual property rights in the Service are, and shall remain, the property of X4NITRO. All rights in and to the Software not expressly granted to you in this Agreement are hereby expressly reserved and retained by X4NITRO and its licensors without restriction, including, without limitation, X4NITRO right to sole ownership of the Software and logos, trademarks, trade secrets, databases, reports, and Web site.
Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of X4NITRO; (d) register, attempt to register, r assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with X4NITRO other than in the name of X4NITRO; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
X4NITRO reserves the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. X4NITRO shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.X4NITRO.com/terms/.
Downgrading your service level may cause the loss of Data, features, or capacity of your Account. X4NITRO does not accept any liability for such loss.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders and is only available via email or help desk.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, X4NITRO, or any other X4NITRO service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by X4NITRO.
You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
X4NITRO technical staff may instruct you, from time to time, to perform modifications to the Client Code installed in your Website. You agree to cooperate and perform any required modifications.
You grant to X4NITRO a perpetual, non-exclusive, worldwide, royalty-free license to use and display your name, the name of your company, your website address, your company's website address and your company's logo on X4NITRO websites and marketing materials and X4NITRO client lists.
Every effort has been made to accurately represent the Service and it's potential. There is no guarantee that you will earn any money using the techniques and ideas in this Website. Examples in the Website are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the Service, the viability of their business model, and their ability to execute.
No express or implied guarantees of income are made when purchasing the Service. You agree that we are not responsible for the success or failure of your business decisions.
In addition to these Terms of Use, your access to and use of the X4NITRO service is also subject to the Privacy Policy located at Privacy Policy
X4NITRO shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of Texas without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Travis County, Texas. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to X4NITRO must be sent to: X4NITRO, Inc., 337 Garden Oaks Blvd. #66217, Houston, TX 77018 USA, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without X4NITRO's prior written consent, and any such attempt is void. The relationship between X4NITRO and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.