TERMS OF SERVICE FOR INFINITRA

Last Updated: 2025-07-15

These Terms of Service ("Terms") constitute a legally binding agreement between you (an individual or the entity you represent) and Richard Michael Bogad, MSc, an Austrian sole proprietorship ("Richard Bogad Solutions", "we", "us", "our"), governing your access to and use of the INFINITRA software (the "Software"), the website located at www.infinitra.xyz (the "Website"), any related services including optional user accounts and paid subscriptions, and all associated content and features (collectively, the "Service").

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, OUR END-USER LICENSE AGREEMENT (EULA), AND CONSENT TO THE DATA PRACTICES DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.

1. Acceptance and Modification of Terms

• Binding Agreement: These Terms, along with the EULA and Privacy Policy (which are incorporated by reference), form the entire agreement between you and Richard Bogad Solutions regarding the Service.
• Modifications: We reserve the right to modify these Terms at our sole discretion at any time. If we make changes, we will update the "Last Updated" date above and post the revised Terms on the Website and/or notify you through the Software or via email. Changes will become effective fourteen (14) days after posting, unless the changes are required by law or address new functions/security issues, in which case they may be effective immediately. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service. We encourage you to review the Terms periodically.

2. Privacy

Our collection and use of your personal information in connection with the Service are described in our Privacy Policy. By using the Service, you agree to the data practices outlined therein.

3. Eligibility and User Accounts

• Age Requirement: To create an account or purchase a Subscription, you must be at least 18 years old, or the age of legal majority in your jurisdiction if higher. Individuals under 18 may not create an account or subscribe.
• Optional Account: Basic use of the Software may be possible without an account. However, features like saving progress, accessing personalized content, or using Subscriptions require creating a user account within the Software using a valid email address. Account management relies on third-party services (Firebase / Google Cloud).
• Account Responsibility: You are solely responsible for maintaining the confidentiality of your account login credentials (password) and for all activities occurring under your account. You must notify us immediately at office@infinitra.xyz of any suspected unauthorized access or security breach. We are not liable for losses caused by your failure to secure your account.
• Account Termination by You: You may delete your account at any time through the options within the Software or by contacting us at office@infinitra.xyz. Termination details and data retention are covered in the Privacy Policy.
• Account Suspension/Termination by Us: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, including in response to violations of these Terms, the EULA, or applicable law. The nature and severity of any breach, along with its impact on the Service, other users, or third parties, will inform the actions we take, which may range from a warning to immediate suspension or termination, with or without prior notice. Grounds for suspension or termination may include, but are not limited to: (a) legal or regulatory requirements; (b) prolonged account inactivity; or (c) technical, operational, or security concerns. In cases of termination due to a significant or harmful breach, you may lose access to your account, associated data, and any active subscription without refund or compensation.

4. Subscriptions, Payments & Refund Policy

4.1. Subscriptions and Payments

We offer optional, recurring monthly subscriptions (“Subscription(s)”) that provide a license to access additional digital content and features (“Subscription Content”). This license is strictly conditional upon your Subscription remaining active and paid.

All payments are processed exclusively by our authorized reseller, Polar (Polar Software Inc.) ("Merchant of Record"), who acts as the Merchant of Record. This means the Merchant of Record is the contractual party responsible for the payment transaction, including handling VAT/GST collection. We do not directly receive or store your full payment card details.

4.2. Automatic Renewal

Your Subscription is billed in advance on a monthly basis and will automatically renew each month. You authorize the Merchant of Record to charge the applicable subscription fee to your chosen payment method unless you cancel your subscription prior to the renewal date. You can cancel the automatic renewal at any time through the customer portal provided by the Merchant of Record or via a link in the Software. Upon cancellation, your access to Subscription Content will continue until the end of the current paid billing period, but you will not be charged for the next period.

4.3. Refund Policy and Waiver of the Consumer Right of Withdrawal

For consumers residing in the European Union / European Economic Area (EU/EEA), the law provides a 14-day right of withdrawal from contracts for digital content.

However, the provision of our Subscription service begins immediately upon completion of your purchase. Therefore, when you purchase a Subscription, you must provide your prior express consent to the immediate performance of the contract and acknowledge that you thereby lose your statutory right of withdrawal.

This consent is actively given by you via a mandatory checkbox during the checkout process.

By agreeing to these terms and ticking the corresponding checkbox at checkout, you understand and agree that the 14-day withdrawal period does not apply to your purchase. All payments for Subscriptions are final and non-refundable. No credits or refunds will be issued for partial subscription periods, subsequent renewals, or unused time, except where required by mandatory consumer protection law in your jurisdiction that cannot be waived.

4.4. Price Changes

We may change the price for Subscriptions from time to time. We will provide you with at least 30 days' prior notice of any price changes, for example, via email or an in-Software notification. If you do not agree to the new price, you must cancel your Subscription before the change takes effect. Your continued use of the Subscription after the price change constitutes your acceptance of the new price.

4.5. Service Evolution

INFINITRA is a live, evolving service provided on an ongoing basis. You acknowledge that we may add, change, modify, or remove features and content (including Subscription Content) at our sole discretion to improve the Service, for creative reasons, or for technical reasons. Your Subscription is for access to the Service as it exists and evolves over time. Such changes do not constitute a breach of contract or create a right to a refund, except as explicitly required by mandatory law.

5. License and Use of the Service

• Software License: Your use of the Software component is governed by the EULA.
• Service Access License: Subject to your compliance with these Terms and the EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the non-Software parts of the Service (e.g., Website, account system) solely for your personal, non-commercial entertainment purposes.
• Service Availability: You acknowledge that the Service is provided over the internet and that its availability may be affected by factors outside our reasonable control. We do not guarantee that the Service will be available at all times or in all locations. We may need to interrupt the Service for scheduled maintenance, emergency repairs, or upgrades, and we will use reasonable efforts to provide advance notice where practicable.
• Prohibited Conduct: You agree not to engage in, attempt, or permit others to engage in any of the following:
  • Any activity that violates the restrictions in the EULA (including reverse engineering Infinitra.Core.dll or Infinitra.Shared.dll, resale, etc.).
  • Using the Service for any unlawful purpose or in violation of any applicable law or regulation.
  • Harassing, abusing, stalking, threatening, defaming, or violating the rights of others.
  • Impersonating any person or entity or misrepresenting your affiliation.
  • Posting, transmitting, or distributing any content that is illegal, harmful, obscene, infringing, or otherwise objectionable (as detailed further below).
  • Interfering with, disrupting, or damaging the Service, servers, or networks connected to it (e.g., through hacking, denial-of-service attacks, distributing malware).
  • Using automated means (robots, spiders, scrapers) to access, collect data from, or interact with the Service without our express written permission.
  • Using the Service for any commercial purpose not explicitly authorized by us in writing.
  • Attempting to circumvent any security measures, rate limits, or access controls.

6. User Conduct and Content (Future Applicability)

• Limited Interaction: Currently, user interaction is primarily limited to displaying chosen avatars. Should features allowing user-generated content or communication be added, the following terms will apply fully.
• Responsibility: You are solely responsible for your conduct and any data, text, information, graphics, or other materials ("Content") you might submit, post, or display via the Service in the future.
• Prohibited Content: You may not create, upload, post, or share Content that:
  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy/publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right.
  • Constitutes unsolicited promotions, advertising, spam, or political campaigning.
  • Contains private information of third parties without consent.
  • Contains viruses, malware, corrupted data, or other harmful code.
  • Is, in our sole judgment, objectionable or restricts others from enjoying the Service, or may expose Richard Bogad Solutions or users to harm or liability.
• Monitoring: We are not obligated to monitor user conduct or Content but reserve the right (but not the obligation) to review, screen, remove, or edit Content and suspend/terminate accounts engaging in prohibited conduct, at our sole discretion and without notice.

7. Intellectual Property Ownership

• Our Ownership: The Service, including the Software (especially Infinitra.Core.dll and Infinitra.Shared.dll), Website, visual design, underlying technology, text, graphics, logos, data, and all other materials provided as part of the Service ("Service Materials"), are the exclusive property of Richard Bogad Solutions and/or its licensors, protected by copyright, trademark, and other intellectual property laws. Except for the limited licenses granted in the EULA and these Terms, you acquire no ownership rights in the Service or Service Materials.
• Feedback: If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, modify, reproduce, distribute, create derivative works of, and otherwise exploit such Feedback for any purpose, without compensation or attribution to you.

8. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, applications, or services (e.g., GitHub for downloads, the Merchant of Record for payments, Google Cloud/Firebase for backend) that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of these third parties. Your use of third-party services is subject to their terms and policies. Accessing them is at your own risk, and we disclaim all liability related thereto.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE AUSTRIAN LAW, THE SERVICE AND ALL SERVICE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RICHARD BOGAD SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SERVICE IS AT YOUR SOLE RISK.

10. Limitation of Liability

1. Exclusion of Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE AUSTRIAN LAW, IN NO EVENT SHALL RICHARD BOGAD SOLUTIONS (INCLUDING ITS OWNER, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY SERVICE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Cap on Direct Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE AUSTRIAN LAW, THE TOTAL AGGREGATE LIABILITY OF RICHARD BOGAD SOLUTIONS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO RICHARD BOGAD SOLUTIONS FOR SUBSCRIPTIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (B) TEN EUROS (€10.00).
3. Basis of Bargain: These limitations of liability apply even if a remedy set forth herein is found to have failed its essential purpose. They form an essential basis of the bargain between you and us.
4. Mandatory Law Exclusions: Nothing in these Terms is intended to limit or exclude any liability that cannot be limited or excluded under mandatory applicable Austrian law. This includes, without limitation, liability for damages caused by willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), and liability for personal injury.
5. Consumer Rights in Austria and the EU: For consumers, the warranty rights are governed by the applicable statutory provisions, in particular the Austrian Consumer Warranty Act (VGG). This includes a legal warranty period and a provision stating that for defects that become apparent within one year of provision, it is presumed that the defect existed at the time of provision, unless proven otherwise by us. The limitations of liability mentioned herein do not apply to the extent prohibited by mandatory law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Richard Bogad Solutions, its owner, employees, licensors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your access to or use of the Service; (b) your violation of these Terms or the EULA; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any claim that your conduct or Content caused damage to a third party. This obligation survives the termination of these Terms and your use of the Service.

12. Seizure Warning

Please review the Seizure Warning provided in Section 9 of the EULA. By using the Service, you acknowledge you have read and understood this warning.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

• Jurisdiction and Dispute Resolution:

  • If you are a consumer residing in the European Union:
    • You benefit from any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory local laws.
    • You may bring legal proceedings relating to these Terms or the Service either in the competent courts of Wiener Neustadt, Austria, or in the competent courts of the EU member state where you reside.
    • The European Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr. However, Richard Bogad Solutions is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
  • If you are not a consumer (e.g., a business entity):
    • You irrevocably agree that the competent courts of Wiener Neustadt, Austria shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Terms or the Service.

14. Updates and Conformity with the Contract

In accordance with EU Directive 2019/770, we are obligated to ensure that the digital content and services provided to you remain in conformity with the contract. We will provide, at no additional cost, all security, compatibility, and functionality updates necessary to keep the Service in conformity for the entire period during which the Service is supplied to you under your active Subscription. For non-subscribing users, this period is that which you can reasonably expect, considering the nature of the Service. You are obliged to install these updates promptly; failure to do so may relieve us of liability for any resulting lack of conformity.

15. Force Majeure

We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks ("Force Majeure Event"). If a Force Majeure Event takes place that affects the performance of our obligations under these Terms, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.

16. Miscellaneous

• Entire Agreement: These Terms, the EULA, and the Privacy Policy constitute the entire agreement between you and Richard Bogad Solutions regarding the Service, superseding any prior agreements.
• Severability: If any provision is found unenforceable, it will be modified to the extent necessary to make it enforceable, and the remaining provisions remain in effect.
• No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: We may assign these Terms freely. You may not assign them without our prior written consent.
• Headings: Section headings are for convenience only and have no legal effect.

17. Contact Information

For questions about these Terms or the Service, please contact:

Richard Bogad Solutions Email: office@infinitra.xyz

The official registered address of Richard Bogad Solutions in Austria is available here: Legal Disclosure.