End User License Agreement

Last updated: 22.12.2023

Please read this Agreement carefully. If you are under the age of eighteen (18) (or the age of majority where you reside), please ask your parent or legal guardian to read this Agreement.

By using the Number X Group Software, you acknowledge and accept and agree to be bound by this Agreement.

We may revise this Agreement from time to time. The revised version will be effective at the time of posting unless otherwise stated. If our changes reduce your rights or increase your obligations, we will post a notice on www.thenumberx.com (the "Site").

If you do not agree to any changes to this Agreement, you must stop using Number X Group Software. Any purchase of the Software after such revision of the Agreement will be deemed to be your acceptance of the new terms of the Agreement.

1. DEFINITIONS

Software/Product(s)" refers to applications, games, in-game items, online courses, user-generated content, or other digital materials that Number X Group is authorized to offer to end customer.

We" refers to Number X Group.

You" refers to the ultimate purchaser of the Product.

2. CUSTOMER ACCOUNT

(a) You agree that the information you provide to us will be true, accurate, current and complete. Without limiting any other terms of this Agreement, you may not use false information or impersonate another person, or use a username (or alias) that you are not authorized to use. You may not use another User's account. You warrant that your Account information will be accurate at all times.

(b) You are solely responsible for maintaining the confidentiality of your Account, username and password, and for all activities associated with or occurring under your Account. You may not transfer your Account to any other person and you may not use anyone else's account at any time without the permission of the account holder.

(c) To the extent permitted by applicable law, we cannot and will not be liable for any loss or damage resulting from your failure to comply with the above requirements or from your use of your Account. You agree to comply with any and all local, national and international laws, rules and regulations (collectively, "Applicable Laws") relating to online behavior and transmission of information on the Internet and governing the parties' respective rights, duties and obligations under this Agreement, as applicable.

(d) To the extent permitted by applicable law, we cannot and will not be liable for any loss or damage resulting from your failure to comply with the above requirements or from your use of your Account.

3. LICENSE

(a) Number X Group hereby grants to you and you accept a limited, non-transferable, non-exclusive, non-sublicensable license to use the Software for your personal use, you may use the Software for non-commercial purposes only, subject to your compliance with the terms of the Agreement.

(b) The Software is licensed, not sold. The words "sell", "sale" or "buy", "purchase" refer solely to the transfer of the licensed rights to the Software under this Agreement. The license does not grant you any ownership rights in the Software or intellectual property rights of Number X Group and/or the Developers. Any references to purchase shall constitute the purchase of a license and not ownership of the Software.

4. PRIVACY STATEMENT

We are committed to protecting the privacy of our customers. For information about how information is collected, used or disclosed, please review our Privacy Policy.

5. SOFTWARE UPDATES

(a) We do not warrant that any Software will be available at all times, in all locations or at all times, that the Software can be accessed on all devices, through a particular Internet or communications provider, or in all geographic locations.

(b) The Software may, from time to time, automatically download and install updates from Number X Group or the Software Developers. These updates are intended to improve, enhance or further develop the Software and may take the form of bug fixes, enhanced features, new program modules or entirely new versions. These updates or "reboots" may cause You to experience disruptions in the applicable game world and may affect Content under Your control.

5. FRAUD PREVENTION

We are attentive to any facts that indicate the existence of fraud. We reserve the right to deny access to our servers if we establish a fact that indicates illegal use of the Software, or any other action aimed at obtaining the Software to which the user is not entitled. Customers whose accounts are blocked are not entitled to request a refund of purchased Software or any other compensation.

6. TERMS OF PAYMENT

(a) Payment Cards. In order to download the Software, Number X Group requires Users to enter a valid debit/credit card or other payment method that Number X Group accepts in its sole discretion. You represent and warrant that your use of a debit/credit card or other payment method is authorized and that all information you provide is true and accurate; you agree to pay all charges incurred by you.

(b) Disclaimers. Notwithstanding the foregoing, Number X Group has the right to refuse any payment in its sole discretion without explanation.

(c) Pricing. The purchase price includes the cost of the Software plus all applicable taxes in effect at the time of purchase and based on the country data you provide on the download page. Number X Group reserves the right to change the pricing and availability of the Software at any time. The final price of the Software is determined based on the payment method and will be communicated to you after you have selected a payment method and will be included in Customer's sales receipt.

(d) Geodata. You agree that you will not use IP proxying or other methods to mask where you reside, whether to circumvent geographic restrictions to purchase at prices not applicable to your geography, or for any other purpose.

(e) Taxes. If Number X Group has not billed you for taxes, this does not relieve you of your obligation to pay them, and you must pay to the appropriate tax authority any taxes that may arise as a result of your purchase.

(f) Currency Conversion. In the event that you pay for the Software in a currency other than the currency of your chosen payment method, or in the event that the Software may be purchased using a specific list of currencies, we may allow you to convert the amount due to another currency.

(j) Subscriptions. If you subscribe to any subscription plan for the Software ("Subscription") and provide Number X Group with your payment information, you authorize us to charge you a recurring fee at the current subscription rate selected by you. You acknowledge that the terms and subscription rates for each available plan are subject to change, and you agree to pay the applicable subscription rate unless you cancel your subscription as described in this section.

7. DELIVERY

(a) The shipment of the Product is made at the time of successful payment

(b) Occasionally, the shipment of Products may be affected by causes or events beyond our control, including but not limited to: strikes, lockouts or other industrial actions; civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, and others. Number X Group shall not be responsible for any situations that affect shipment where such situations are beyond Number X Group's control.

(c) The Product is dispatched by You based on information provided by You and You are responsible for the accuracy of such information. If any rules are breached because of inaccurate information provided by you, you are responsible for such breach.

(d) If you have any other questions about your order, please contact us at [email protected] (marked "Order").

8. REFUNDS

The cancellation period begins on the date you receive your Product. You have 14 days from the date you receive the Product to notify us of your intention to return or exchange it and a further 14 days to return the Product. Returns of Product outside this period may not be accepted.

Please note that refunds can only be made to the original payment method used for payment and you will not incur any fees as a result of such a refund. It is not possible to send a refund to another account (e.g. another card or bank account) except in special circumstances (e.g. expired or canceled cards, account problem). It may take up to 10 business days for funds to be credited to your account, depending on the payment method to which they are transferred.

To request a refund, you must contact Number X Group Customer Service at [email protected]. Before submitting a refund request, please note that:

There are some exceptions to the refund policy for software, which are mentioned below.

You must take reasonable care of the product before returning it. In particular, this means that you must not have used the goods.

A different return policy applies to each Software and is listed at the bottom of the checkout page. If you do not remember which type was specified, you can always contact our support team at [email protected].

Limited Refund Policy

In case the goods have not been received

In case of repeated purchase (the transaction was made within 5 minutes after the last transaction of the same product)

In case you have received a defective product

Moderate return policy

In case the goods have not been received

In case of repeated purchase (the transaction was made within 5 minutes after the last transaction of the same product)

In case you have received a defective product

In case you forgot to deactivate your subscription, but only for the first renewal within 48 hours.

In case the software did not function as expected (except for pre-orders)

Flexible return policy

In case the goods have not been received

In case of repeated purchase (the transaction was made within 5 minutes after the last transaction of the same product)

In case you have received a defective product

In case you forgot to deactivate your subscription, but only for the first renewal within 48 hours.

In case the software did not function as expected

If the software is incompatible with your existing installation

If the software has not met your expectations or you are unable to use it

9. CHARGEBACK

(a) When opening chargebacks, Number X Group disputes each chargeback, if possible.

(b) In the event of fraud, Number X Group performs chargebacks and stands on the side of the victim.

10. REPRESENTATION AND WARRANTIES

Number X Group represents and warrants to you that we will take all actions necessary to resolve your problem in good faith. However, you should be aware of the possible risk that the software developer may fail to provide the Software in proper quality or on time or otherwise fail to meet your expectations, even if those expectations are based on advertisements, representations or promises made by the developer. In all such cases, claims and requests for refunds should be addressed directly to the software developer.

11. LIMITATION OF LIABILITY

(a) Please note that any use of the Software, except in the case of payment procedures (including fraud), is governed by the agreement between you and the software developers. Number X Group is not responsible for any missing items, or any errors that may occur.

(b) When deciding to purchase a pre-order please be aware that the software developer, and not Number X Group, is solely responsible for completing the development of the Software and providing you with a working version of the Software.

(c) Number X Group is not the developer of the Software and cannot influence the quality of the Software or guarantee that it will meet any of your expectations.

(d)To the extent permitted by law, our total liability to you for all other foreseeable damages arising under this Agreement, whether in contract, breach of statutory duty or otherwise, shall in no event exceed a total value of no more than the amount of funds you paid to Number X Group.

(e) Number X Group provides the Product for home and private use only. If you use the Product for commercial purposes or for resale, Number X Group shall not be liable to you for any lost profits.

12. DISPUTES

(a)This agreement shall be governed by the laws in force in the State of Delaware and shall be construed accordingly, without prejudice to any other peremptory provision of law more favorable to Customer applicable in Customer's country of habitual residence.

(b) Keeping in mind the high cost of litigation, not only in dollars, but also in time and energy, both you and Number X agree to the following dispute resolution procedure: In the event of any controversy, claim or action arising out of the purchase of any Product, or out of the breach, performance, interpretation or validity of this agreement or any part thereof ("dispute"), the party asserting the dispute will first attempt in good faith to resolve such dispute by giving written notice to the other party in good faith. Notice shall be mailed to Number X Group, 1003, 1007 N Orange St., 4th Floor Wilmington, DE 19801

(c) Unless you specify otherwise in your notice, Number X Group will respond to your notice using your most recently used billing address or a billing address available to us.

(d) In the event Number X Group is unable to resolve the dispute, you and Number X Group agree that the parties shall resolve their dispute through binding arbitration in the State of Delaware, USA, with one arbitrator and the arbitrator shall apply the laws applicable in the State of Delaware. The arbitration shall be conducted solely on an individual basis with no right to pursue any claims on a class action basis. You hereby waive your right to a class action.

13. GENERAL PROVISIONS

This Agreement, Number X Group Service Terms, Number X Group Privacy Policy or any applicable Number X Group Agreement constitutes the entire agreement between You and Number X Group with respect to Your access to its services, operates to the fullest extent permitted by law, and supersedes all prior and contemporaneous agreements, understandings, proposals and negotiations of any kind, whether oral or written, with respect to the subject matter hereof and thereof. Number X Group's failure to exercise or enforce any right or provision will not constitute a waiver of such right or provision. The headings are for convenience of reference only and shall not be used to construe this Agreement, the Privacy Policy or any other agreement between You and Number X Group. Neither party may create any obligation on behalf of any other party except as expressly set forth in this Agreement or in connection with any other agreement between You and Number X Group.

If any provision of this Agreement or any other agreement between You and Number X Group is held by a court of competent jurisdiction to be invalid, illegal, unenforceable or unenforceable, such provision shall be deleted from the applicable agreement and the remaining provisions shall remain in full force and effect, and such provision shall, to the extent possible, be corrected and construed as if such invalid, illegal or unenforceable provision (or portion thereof) had never been included in this Agreement.