Terms & Conditions
Recital
FRINEX LLC, having its head office at 70 Bytik Baatyr Street, Pervomaisky district, Bishkek city, - Kyrgyz Republic, registered under No. 321038-3301, hereinafter referred to as "FRINEX" or " We", is e-commerce company acting on an international scale.
FRINEX was entrusted with the distribution of dematerialized software and other Products on this Website.
The present Terms and Conditions define the applicable Conditions of Sales of the downloadable products on this Website by FRINEX. They apply exclusively to Customers (hereinafter referred to as the " Customer " or " you ").
No Sale will be finalized without the Customer's express consent of these Terms and Conditions. Their acceptance is materialized by the mandatory "ticking" of the validation box stating "By checking this box, I acknowledge having read the Terms and Conditions of Sales and the personal data charter of the online store and I expressly accept them".
These Terms and Conditions can be registered and printed at any time by the Customer. For any purpose, we strongly recommend that you print and save them.
Article 1: Definitions
The terms mentioned below are within the scope of these Terms and Conditions and have the following meanings:
1.1 - The term "Website" means any online platform operated by FRINEX for the sale of products and services and subject to these Terms and Conditions. Websites operated by Suppliers are expressly excluded from this definition.
1.2 - The term "Customer" designates any person (whether natural or legal) with the legal capacity to order products and services from this website. Unless otherwise indicated, the term "Customer" means both consumers and businesses.
1.3 - The term "Products" means any decryption or authorization code, serial or authorization number, download link or a similar code or device that provides access to the Customer for first use or continuation using of a software, a service, or any other product (even physical ones).
1.4 - The term "Payment Method" means any valid and accepted method of payment for Products and Services available on the Website, including but not limited to credit cards, debit cards, online payment systems, and cryptocurrency.
1.5 - The term "Services" refers to all services sold by FRINEX to the Customer through this Website.
1.6 - The term "Software" refers to all computer programs marketed in any form or medium from this Website.
1.7 - The term "Subscription" refers to Products and Services covered by recurring payment obligations pursuant to which payments are due at the agreed interval or intervals.
1.8 - The term "Supplier" means any natural or legal entity that provides, produces, manufactures or delivers products and services to FRINEX for resale to Customers.
Article 2: Scope and Purpose
These Terms and Conditions apply to all offers, acceptances, deployments and the provision of services and supplies, by FRINEX or to the Customer, in connection with the sale of Products and Services from this Website, as previously defined.
Any conflicting terms or divergent conditions applied by a Customer or a third party needs prior written consent of FRINEX to be included to these Terms and Conditions.
These Terms and Conditions apply even if FRINEX executes its contractual obligations without reservation and in full knowledge that the conditions of the Customer differ from these Terms and Conditions.
If the sale of Products and Services includes the provision of services or other activities performed by third parties, the special conditions relating to licenses and other special conditions of the third party concerned apply in addition to these Terms and Conditions.
Article 3: Contract Conclusion (offer, confirmation and acceptance)
An order placed by the Customer is considered an offer to purchase Products and/or Services addressed to FRINEX and in accordance with these Terms and Conditions.
An order requires acceptance of FRINEX. The Customer's order is accepted at the time of delivery of the Products and Services ordered. The delivery of the product can occur by email or on the Website (either on the confirmation page or in the customer's client account).
FRINEX may, in its sole discretion, use third parties for the performance of its services.
In order to comply with applicable laws, FRINEX reserves the right to request supporting documents, in order to verify the accuracy of the information provided by the Customer.
Article 4: Customer commitments and Registration
Only Customers already registered on the Website may place an order.
The registration on the Website is validated after filling the required information.
The Customer certifies that all the information he has given when placing the order (including, but not limited to, personal data and payment data) is current and accurate in all material respects.
The registration carried out for a purchase on this Website is reserved for adults. Any registration made by a minor person requires the prior authorization of his/her legal representative.
The costs resulting from any inaccurate information submitted by the Customer, or data modified by the Customer after the order has been transmitted, will be borne by the Customer.
If the Customer has a Customer account with FRINEX, he must manage and update his account information immediately to ensure the accuracy and completeness of such information.
FRINEX reserves the right to immediately close the Customer's account in the event that information mentioned at the time of its opening proves to be false.
Once registered, the Customer has a login and a password allowing him to connect to his account.
Only the account holder is allowed to log in using the login and password corresponding to that account. The Customer agrees to keep his password strictly confidential.
As such, any connection via the Customer's account is deemed to have been made by the Customer himself or with his authorization, unless the Customer is able to prove otherwise.
Notify us immediately of any unauthorized use of your account at support@frinex.tech,
The Customer can ask at any time the closure of his account via support@frinex.tech.
Article 5: Availability of Products
The Products available are exclusively distributed in dematerialized form, unless otherwise indicated on this Website.
The offers of Products and prices are valid as long as they are visible on this Website, and within the limits of available stocks.
Therefore, orders are deemed accepted only after checking the inventory status. In the event of unavailability of Product after placing your order, we will notify you by email upon receipt of information provided by the publisher of the Product.
In case of unavailability of Product and if your payment has been accepted, FRINEX will refund the sums paid within 15 days of such payment being accepted.
In case of unavailability of a Product as a recurring Subscription, purchased as part of a bundle of several Products, FRINEX may renew your Subscription for only the available Products and the subscription renewal price will reflect the price of only the available Products for which the subscription is renewing.
Article 6: Order
An email confirming the order is sent to the address entered by the Customer when registering, upon approval of payment.
The confirmation email contains the Product purchased, its price and, for Products sold in box, the delivery time.
In the case of an order for a downloadable product (such as a software activation key), access to the Product is done by clicking on the download link present either directly on the accepted payment return page or later on the confirmation email. The Customer automatically benefits from a period of 21 days from the date of receipt of the confirmation email to download the Product. At the end of these 21 days, the download is no longer available automatically and requires its release by customer service available via support@frinex.tech.
An invoice is also sent to the email address entered during the creation of the account or can be downloaded from the Website immediately after the order.
FRINEX reserves the right to cancel or refuse any order from a Customer following a payment incident involving a previous order or where the information transmitted is manifestly incorrect.
Unless proven otherwise by the Customer, the data recorded by FRINEX constitute proof of all transactions between him and FRINEX.
Article 7: Subscription
7.1. Subscription
If you have purchased a Subscription, at the end of the initial period, you agree that your Subscription is automatically renewed for an identical period (1 month or 1 year as the case may be) and at the preferential renewal price (applicable taxes not included). The period of validity of the subscription begins with the confirmation of the order. The price of renewal may change. Additional online offers and discounts may be available upon renewal, but will not apply to your subscription.
Renewals will occur on the anniversary date of purchase on a monthly or annual basis (as per your initial purchase plan). This principle applies by default, with the exception of special promotions at the time of the initial purchase, for which the renewal price or the renewal period may change. These special conditions will be clearly stated during your initial purchase.
In case of annual Subscription you will receive at least one email informing you of the imminent automatic renewal of your Subscription. You must ensure that FRINEX has a valid email address to be able to notify you by sending emails, and that the frinex.tech domain is not blocked by your anti-spam filtering software.
At the end of the initial period and of each successive renewal period, except in the event of termination of your Subscription, you expressly authorize FRINEX to charge you each renewal by the reuse of the same payment information that you entered at the time of the initial purchase.
FRINEX will notify you by email without delay of the renewal price, before the expiration of your license and of any price change, so that you can cancel your subscription before the first billing following the price change. You may need to install the latest version of the product for free at the time of renewal.
At any time, you can cancel your Subscription from your Customer account in the "My Account" section.
The cancellation only takes effect from the expiry date of the current subscription period.
FRINEX may cancel the Subscription under the same conditions that apply to the Customer.
Your subscription for the selected Products and Services will automatically renew as long as the selected Products and Services are available. In case of unavailability of a Product as a recurring Subscription, purchased as part of a bundle of several Products, FRINEX may renew your Subscription for only the available Products and the consequent Subscription renewal price will reflect the price of only the available Products for which the Subscription is renewing. You will be notified of your renewal, including subscription renewal price and any changes to product availability, prior to renewal date.
The use of Products and Services sold by FRINEX may be dependent on Supplier-hosted online platforms, Supplier-processed data, and the Supplier's ability to perform its services. If the Supplier interrupts the offer of the online platform in whole or in part, ceases the data processing or stops performing the Services in question ("Interruption"), FRINEX may cancel the Subscription as of the date of the Interruption. FRINEX will reimburse the Customer pro rata for the remainder of the subscription period following the Interruption.
7.2. Subscription preceded by a free trial period
If you register for a subscription with a free trial period of a defined number of days, the purchased Product on subscription will be available to you on a trial basis free of charge until the end of the trial period. After the defined number of days of free trial, your free trial will convert to a paid subscription and a regular price for the product on subscription will be charged.
All Customers signing up for the free trial will be required to submit payment card details or where applicable any other payment data as part of the process, to allow automatic payments once the free trial period finishes.
By entering your credit card number or any other payment data, you agree that FRINEX may store your payment data. After your defined of day's trial period expires, you expressly authorize FRINEX to charge you regular subscription fees to be billed during a subscription period. The conditions of your subscription will be clearly indicated during your registration.
We will remind you about the end of your trial and upcoming charge to your credit card or payment method in a reasonable time prior to the auto-renewal via email.
To avoid being charged for your free trial, you must cancel the trial at least one day prior to the auto-renewal billing date.
When your trial period has ended and your regular subscription period has started, the above section 7.1 and all other Terms and Conditions will apply to your subscription.
7.3 Billing
Product subscription fees will be billed via your Payment Method on the specific payment date indicated in your reminder email. The length of your billing cycle depends on the type of subscription you have chosen. Sometimes, your payment date may change, for example, if your Payment Method did not work. If your Payment Method does not allow automatic renewal for reasons beyond FRINEX's control, for example, including, but not limited to, the issuer of your Payment Method, if you wish to renew your subscription, you may change your Payment Method via your account in accordance with Article 10.1 below, or you may do so on the Site by selecting the product subscription that best suits your needs.
Article 8. Title Retention
FRINEX reserves the right to own any Product until full payment of all claims arising from the contract, including ancillary claims (for example foreign exchange fees, financing costs, interest, etc.).
Article 9: Granted Rights
The Products are protected by international copyright and intellectual property regulations and treaties. They are the exclusive property of their publishers.
By downloading a Product or purchasing the boxed version of a Product, the Customer acquires a user license directly from the publisher of the Product. The rights of the Customer on the Product are exclusively governed by the provisions mentioned in the aforementioned license agreement.
The Customer acknowledges that the license agreement does not imply the transfer of the rights of reproduction, representation and exploitation relating to the Product. The Product may not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled or used in combination with any other software, except with the express authorization of the publisher of such Product, unless otherwise required by law.
The Customer is warned that non-observance of the license agreement conditions may be sanctioned by the publisher of the Product and potentially exposes him to legal proceedings.
Article 10: Financial conditions
10.1. Price and payment terms
The sale prices indicated on this Website are in the displayed currency and all taxes are included, unless stated otherwise. As part of a box order, any delivery charges are indicated to the Customer according to his choice of Products and are billed at the end of the order in addition to the price of the selected Products.
The VAT rate applied is that in force in the country where the Customer is domiciled.
Payments must be made prior to delivery, according to the terms and conditions indicated on the Site.
10.2. Secure payment
The payment for the Products is done exclusively by the means of payment made available on the Website.
The selected payment method is debited upon receipt of the order and subject to the prior authorization of the competent payment service provider. In the absence of authorization, the order will not be processed.
The payment solutions available on this Website are managed by our partners, who provide a secure acquisition of payments over the Internet.
The integrity of the data exchanged is ensured by the procedure of exchange and sealing of the messages by the use of SSL and SET technologies.
Article 11: Withdrawal Right
Article 12: Limitation of Liability, Indemnification & Risks
By no means shall the Customer hold FRINEX liable for any indirect, special, incidental, punitive or consequential damages, whether or not foreseeable, even if FRINEX has been advised of the possibility of such damages, including any loss of income, customers, goodwill or profits, arising out of or in connection with these conditions, whether in contract, tort or other liability. The total and cumulative liability of FRINEX set forth herein shall in no event exceed the purchase price of the particular Products and Services that gave rise to the rights claim. Submitting multiple claims does not increase this limit. This limitation of liability applies notwithstanding the failure of any other exclusive remedy set forth herein.
FRINEX shall not be held liable for the consequences resulting from the misuse of the Products sold on the Website.
If in doubt about the use of the Product, the Customer may contact at the following email support@frinex.tech.
By no means shall FRINEX be liable for non-performance or improper performance of its obligations resulting from an unforeseeable or insurmountable event, or resulting from the non-performance or improper performance of a third party, and in particular from the publisher of the Product.
FRINEX shall not be held liable for any malfunction of the Website due to an interruption of the Internet for any reason whatsoever or a failure of the server hosting system used by FRINEX.
The Customer further acknowledges the right of FRINEX to temporarily suspend access to the Website, where the Website or any linked server is subject to a refresh or maintenance operation. In this case, FRINEX will endeavor to limit the inconvenience caused to Customers by reducing the interruption time to the minimum time necessary to complete the transaction in question.
FRINEX cannot be held responsible for the non-performance of the contract concluded in case of force majeure, a fortuitous event or a cause beyond its control, such as in particular: natural disaster, war, earthquake, fire, explosions, riots, intervention of the governmental authorities, bad weather, water damage, malfunction or interruption of the electricity or telecommunication network.
All liability of FRINEX is excluded for the consequences of changes to Products and Services by the Customer or a third party, improper handling or mishandling of Products and Services.
FRINEX only sells Products and Services as defined in Section 1 and therefore assumes no liability for the proper operation of software and services provided by Suppliers for the specific needs of the Customer or for the compatibility of such software and services with the Customer's computer equipment and components.
If FRINEX by negligence breaches an essential contractual obligation, FRINEX's liability for damages shall be limited to the foreseeable damages normally expected under the circumstances. The essential contractual obligations are those the performance of which is required to achieve the objective of the contract.
If the Customer claims damages against FRINEX for deliberate or gross negligence or the lack of a warranted feature, FRINEX shall be liable within the statutory provisions.
FRINEX's liability remains legally valid in the event of culpable harm to life, body and health.
If FRINEX's liability is excluded or limited, so is the individual liability of FRINEX's employees, representatives and agents.
The legal warranty of conformity applies regardless of the commercial guarantee that may be granted.
Article 13: Personal Data Protection
Article 14: Miscellaneous
In the event of nullity of one of the provisions of the present Terms and Condition the remaining provisions of these Terms and Conditions shall remain in full force in effect.
The headings of the sections of these Terms and Conditions appear for convenience only and in no way affect the meaning of the provisions to which they refer.
No fact of tolerance by FRINEX, even repeated, constitutes a waiver to any of the provisions of these Terms and Conditions.
These Terms and Conditions of sales are the only ones applicable and replace all other Terms and Conditions, except preliminary, express and written derogation.
FRINEX may be required to modify some of the provisions of these Terms and Conditions. In any case, each purchase on the Website is governed by the Terms and Conditions applicable on the date of purchase and the modifications shall not apply to contracts concluded previously. For this reason, the Terms and Conditions in force must be expressly accepted by the Customer prior to each new order.
Article 15: Governing Law and Litigations
These terms and conditions are subject to Kyrgyz Republic Law, subject to mandatory legal provisions in the consumer's country of residence.
In the absence of a legal provision that assigns the decision of a possible dispute to the jurisdiction of the consumer's place of residence, only the courts of Bishkek in Kyrgyz Republic have jurisdiction.
