The following terms between Xeelo Ltd. (“Xeelo”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”), together with our Xeelo Terms of Service and Privacy Policy, govern using the Xeelo Marketplace (the “Marketplace”).

In case you represent your employer or another entity, you hereby represent that (a) you have full legal authority to bind your employer or such entity (as applicable) as set forth herein; and (b) you read and understood these Marketplace Terms of Service, and you agree to them on behalf of your employer or the respective entity (as applicable).

The Xeelo Marketplace.

1. The Xeelo Marketplace allows you to find ready-made apps (“Apps”)to expand the capabilities of the Xeelo platform. Apps are mostly developed and provided by third parties (a “Third Party” and “Third PartyApps”), and some Apps may be developed and provided by Xeelo (“Xeelo Apps”). By enabling Third Party Apps or using the Marketplace, you agree to these Marketplace Terms of Service. If you do not agree to these Marketplace Terms of Service, do not place an order or use or access the Xeelo Marketplace.
2. The Xeelo Marketplace is part of the Xeelo Service, and the term “you” refers to the Xeelo customer who holds a subscription to the Xeelo Service. These Marketplace Terms of Service do not derogate from the generality of the Xeelo Terms of Service(“Terms of Service”), which are included herein by reference and apply to the use of the Xeelo Marketplace. In particular, data collected through your interaction with the Xeelo Marketplace or received from any Third Party are handled by us in accordance with our Privacy Policy (Appendix 8). The Xeelo Marketplace includes any webpage, interface or service at which Xeelo makes Apps available for installment.

As noted above, Xeelo Apps are subject to the Terms of Service and any particular terms notified to you, all as in effect from time to time.

3. Third Party Apps Are Not Part of Our Service.

THIRD PARTY APPS ARE NOT PART OF THE XEELO SERVICE, and are considered “Third Party Services” as defined in the Terms of Service, which are hereby included herein by reference. ALL THIRD PARTY APP PROVIDERS S ARE INDEPENDENT PARTIES FROM XEELO. PLEASE NOTE ESPECIALLY THE EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY INCLUDED IN THE TERMS OF SERVICE, AND THAT THE AGREEMENT WITH THE RESPECTIVE Third Party, NOT THE XEELO PRIVACY POLICY OR OTHER XEELO TERMS, CONTROLS THE USE OF YOUR DATA IN THE FRAMEWORK OF THE THIRD PARTY SERVICES.

Xeelo does not develop, maintain or support Third Party Apps. Whenever you enable or use a Third Party App, you are contracting directly with the Third Party Provider of such App, under terms and conditions concluded between you and such Third Party.

Xeelo is not party to such terms, and will not be responsible or liable in any way for the Third Party App or for the actions or omissions of such Third Party. Your use of any Third Party App is and remains at your own risk and responsibility. You should enable and use Third Party Apps only if you trust them. While Xeelo conducts limited reviews of functionality and security of Third Party Apps and may host them, we do not endorse any Third Party App. It is your responsibility to evaluate Third Party Apps before you use such Apps, and you agree that Xeelo will not have any liability as a result of listing, reviewing, certifying or enabling any Third Party App.

Your use of Third Party Apps is subject to the Third Party terms, privacy policies and other applicable terms specified by the Third Party (“Third Party Terms”). It is your responsibility to review Third Party Terms and you should not use an App if you do not agree with the Third Party Terms.

You further agree to use Third Party Apps only together with such parts of the Xeelo Service as per the intended functionality of the App.

If you have a dispute with a Third Party App provider, you agree to release Xeelo from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you install a Third Party App, Xeelo may provide the Third Party with your contact information, such as your name, company name, email address, and may also provide usage data that Xeelo collects based on your use of the Xeelo Marketplace or Apps.

4. Billing.

Pricing; Renewals. Some Apps are made available at no charge, and others require payment of fees. To receive access to Apps which require payment, you must pay the fees, including all taxes indicated at the time of your order (indirect taxes will be added to the fees, if required by applicable law. Pricing of any and all Apps (including any features thereof) remains subject to change at any time at Xeelo’s or Third Party’s sole discretion and particularly subject to changes due to your designated country on your billing account. If Xeelo or the Third Party later changes an on-going subscription or other periodic fee for an App, the change will only apply to the next payment due. Terms for renewals, including pricing, will be described within the App’s listing on the Xeelo Marketplace.

Payments. If applicable, for certain Third Party Apps, you will make the payment directly to the Third Party . For certain Third Party Apps, Xeelo will facilitate (whether itself or through third party payment processors) the payment of the relevant Third Party App (“Xeelo Billed Apps”). However, after you complete your order, your usage of any Third Party Apps will be governed by the applicable Third Party Terms. When you indicate that you wish to access a paid App, you hereby authorize Xeelo, when applicable, to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Third Party Apps, Xeelo shall serve only as an intermediary in facilitating or collecting the applicable fees and taxes from you. You will not have any claims against Xeelo with respect to amounts paid to any Third Party. Any returns or termination policies are binding solely between you and the respective Third Party.

Refunds. With respect to Xeelo Billed Apps, you will be able to terminate your use of such an App and receive a refund of any fees paid for such App, subject to canceling your subscription within no more than 30 days of having first ordered such App. To receive a refund as mentioned, please contact support@Xeelo.com. Thereafter, please note that purchasing of the App is generally final, and no refunds will be permitted. Xeelo or the Third Party, however and in their sole discretion, may refund the purchase of an App if the App does not work properly. Such refund does not, and will not, include any obligation to issue the same or similar refund in the future. With respect to Third Party Billed Apps, all refund shall be subject to the applicable terms in the applicable Third Party Terms.

Cancellations. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may cancel your subscription through the App. Following such cancellation, your use of the App will cease and you will not be charged further amounts for the App, provided you canceled your subscription before the end of the current billing period. You will not receive a refund for the current billing period.

5. Changes to the Xeelo Marketplace; General.

Xeelo may remove Apps from the Xeelo Marketplace or block the functionality of Apps in case a Third Party breaches its agreements with Xeelo or in order to protect legitimate interests of Xeelo or the integrity of the Service. Even if you are affected by such actions of Xeelo, you agree that you will not have a claim toward Xeelo.

We do not guarantee that Apps interoperate with our Service, or that changes to our Services will not cause Apps to cease to interoperate with our Service in whole or in part.

We may discontinue the Xeelo Marketplace, which, in itself, will not impact the use of Third Party Apps obtained previously.

Last update: August 1, 2022