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Terms and Conditions for LoxTrade Ltd.
General terms and conditions
These General Terms and Conditions (hereinafter: “Terms and Conditions”) contain the rights and
obligations of LoxTrade Kereskedemi és Szolgáltató Korlátolt Felelősségű Társaság (hereinafter:
“Service Provider”), as the developer and seller of uPlan planning software (hereinafter: “Software”), as
well as customers using the Software (hereinafter: “User”).
1.Service provider data
Name: LoxTrade Kereskedemi és Szolgáltató Korlátolt Felelősségű Társaság
Registered office: 1077 Budapest, Wesselényi street 13. 1st floor. 3rd door
Represented by: Managing Director András Schmidt
Company registration number: 01-09-279238
E-mail address: office@loxone.hu
Tax identification number: 23183261-2-42
The electronic (e-mail) contact of the Website’s customer service: hello@uplan.io
2.General provisions
2.1.The provisions of these Terms and Conditions cover all legal relationships that are aimed at the
User’s use and utilization of the Software offered by the Service Provider and related services. The
current list and description of the Software and the services related to the Software (hereinafter:
“Services”) are available on the Service Provider’s website https://www.uplan.io/ (hereinafter:
“Website”).
2.2.A standard contract term is defined as a contractual condition that is unilaterally determined in
advance by its user for the purpose of concluding several contracts, without the other party’s
participation, and without previous negotiation by the parties.
2.3.With regard to the provisions 6:78 (1) of the Act V of 2013 on the Civil Code. (hereinafter:
“Ptk.”), according to which a standard contract term shall become part of the contract if the party
applying it, before the conclusion of the contract, facilitated the other party to become acquainted with
its content, and the other party agreed to the term. The Service Provider publishes and makes available
the general contractual terms and conditions applied in connection with the contract for the use of the
Services offered on the Website with these General Terms and Conditions, the express acceptance by
customers intending to use the Software is a prerequisite for the purchase on the Website.
2.4.Matters not regulated by these Terms and Conditions shall be governed by the relevant legal
provisions and other mandatorily applicable standards. The Service Provider is not subject to the
provisions of any code of conduct.
2.5.By using the Website, the User accepts and acknowledges that the provisions contained in these
Terms and Conditions are binding on him, acknowledges and accepts the provisions contained therein.
These Terms and Conditions are not filed with the Service Provider (not accessible afterwards), they are
only concluded in electronic form.
3.Ordering and invoicing
The User can order the Service in the following way(s). The Service can only be used by adults who
have reached the age of 18 and are not limited in their capacity to act.
3.1.Online ordering and registration
The User has the option to order the Service online through the Service Provider’s Website. Use of the
Service is subject to prior registration. The Service cannot be used without registration.
During the order (registration), the User is always obliged to provide the following data to the Service
Provider:
– Loxtrade Kft
– Hungary
– tax number: 23183261-2-42
– email: hello@uplan.io
The Service Provider shall not be obliged to examine the right of representation of the person
representing the User and the scope of his right of representation. The declaration of the person
representing the User shall be binding on the User in all circumstances, for which the Service Provider
shall not be liable.
After logging in at https://app.uplan.io/site/login you can immediately use the trial version of the
uPlan.io software (see section 6.4), which allows you to create a project.
In case of online orders, the Service fee can only be paid by credit card. Payment is made by an external
service provider through the Stripe platform.
The payment and credit card details provided on the Stripe payment page are not known or processed by
the Service Provider. Stripe is solely responsible for processing the payment transaction by credit card,
handling the data provided during the payment, encrypting them and guaranteeing the payment process.
Therefore, the Service Provider shall not be liable for any problems or damages related to the credit card
payment and which are within the competence of Stripe. Furthermore, the Service Provider shall not be
liable for any errors that may occur during the payment by credit card or for the failure of the payment
transaction.
The Terms of Use and Privacy Policy of Stripe Platform are available at https://stripe.com/en-hu and
https://stripe.com/en-hu/legal/consumer, and the Privacy Policy is available at https://stripe.com/en-
hu/privacy.
After the payment of the fee, the invoice will be sent automatically by the Service Provider’s billing
software (currently Billingo) to the User’s e-mail address provided during registration. Payment and
invoicing will be made in euros (EUR). In addition to the amount in foreign currency, the invoice will
also show the total amount in HUF. The current exchange rate is always calculated on the basis of the
current exchange rate of the Hungarian National Bank (hereinafter: “MNB”). The exchange rate is based
on the MNB exchange rate on the day of settlement. By accepting these Terms and Conditions, the User
expressly agrees that the Service Provider may issue and forward the invoice to him in the manner
described above.
In case of a transfer (online payment), all payment obligations of the User towards the Service Provider
shall be deemed to have been fulfilled at the moment when the amount has been credited in full to the
Service Provider’s bank account.
4.Order (subscription) plans
4.1. When using the Service specified on the Service Provider’s website, the User has the option of a
monthly or semi-annual (6-month) or annual (12-month) subscription (hereinafter: “Subscription”).
4.2. The Service Provider reserves the right to determine the possibility and terms of the Subscription
based on individual assessment.
4.3. Monthly construction
In the case of a monthly subscription, the User pays a monthly usage fee to the Service Provider for the
use of the Service (for the use of the Software). The usage fee due for the following month is
automatically deducted from the bank card (bank account) provided by the User during registration. If
the withdrawal is unsuccessful, Stripe will attempt the payment three times on different days. You can
also manually initiate payment in your Profile Settings to regain access to all Pro features. The User is
entitled to cancel the subscription at any time.
4.4. Half-yearly and annual construction
In the case of a six-month (6-month) or annual (12-month) subscription, the Service Provider grants the
User the right to use the Software for a fixed period of six months (6 months) or one year (12 months).
The contract is not automatically renewed after the end of the fixed six-month or annual period, it must
be extended by the User.
5.Binding offer, confirmation, creation of contract
5.1.After the User has sent his order, the Service Provider will automatically confirm (the arrival of
the offer to the Service Provider) to the User within 24 (twenty-four) hours at the latest, which automatic
email confirms that the Service Provider has received the order (registration) sent by the User. The
automatic email also contains the details of the User’s order. This automatic e-mail does not mean
acceptance of the User’s order, but merely informs the User that his order has been received by the
Service Provider. The receipt of your offer/order by the Service Provider results in a binding offer on the
part of the User (§6:64 of the Ptk.). If the User is considered a consumer, he is entitled to withdraw his
offer before the conclusion of the contract, which then terminates the binding nature of the offer serving
the conclusion of the contract.
5.2.The Service Provider accepts the User’s offer (order) by means of a separate acceptance e-mail –
which contains the access data required to use the Service – which is considered a legal declaration on
the part of the Service Provider agreeing to the creation of the contract (§ 6:66 of the Ptk.). The contract
is established when the User receives a separate e-mail sent by the Service Provider to the User
regarding the acceptance of the offer by the Service Provider and not upon the receipt of the automatic
order confirmation e-mail (within 24 hours). If the User notices an error in the data contained in the
confirmation e-mail, he must report it to the Service Provider’s online customer service (via electronic
mail) within 24 (twenty-four) hours after receiving the confirmation e-mail, in order to avoid the
fulfillment of unwanted orders. After the expiration of this deadline, the Service Provider considers the
e-mail confirming the order as if the data contained therein are completely correct and not objected to by
the User.
5.3.The order is considered a contract concluded electronically, which is subject to the Ptk. and Act
CVIII of 2001 on certain issues of electronic commerce services and information society. The contract –
if the User is a natural person acting outside the scope of his profession, independent occupation or
business activity – falls under the scope of Government Decree 45/2014 (II.26.) on detailed rules of
contracts between consumers and businesses, and is in accordance with consumer rights, Directive
2011/83/EU of the European Parliament and of the Council, amending Council Directive 93/13/EEC and
Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive
85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
6.Terms of use
6.1.The Software is protected by copyright, international copyright conventions, and other laws
relating to intellectual works. By using the Service (renting software) the User acquires a limited right of
use for the duration of the fee payment, but does not acquire ownership of the Software. In relation to
the Software, the Service Provider reserves the rights not expressly granted under these Terms and
Conditions. If the Service Provider terminates the service the User’s right to use will also be terminated.
6.2.Pursuant to these Terms and Conditions, the User is granted a non-transferable, non-exclusive
right to use the Software. The User may not grant additional permission to a third party to use the
Software, nor is he entitled to rent it to a third party either free of charge or in return for any kind of
compensation, to transfer it to a third party in any way, to make it available to a third party, or to use the
Software as a security or guarantee for his own obligations towards third parties. The User is not entitled
to copy, duplicate, analyze, reverse engineer, change or transform the Software in any other way.
6.3.Furthermore, the User is not entitled to share his password or username required to use the
Service with third parties.
6.4.Regarding the Service, the Service Provider provides a 14 (fourteen) day free trial for all Users
on the Website in order for the Users to fully familiarize themselves with the operation and functions of
the Service (software) (“Trial Period”). After the end of the 14-day free trial period – in the absence of a
subscription – the User can only use the so-called “read-only” mode, i.e. the ‘Project’ uploaded while
using the Service can only be viewed, but other functions (e.g. editing) cannot be used.
7.Liability
7.1.The User acknowledges that he may use the Service solely at his own risk, and the Service
Provider excludes all liability for the User’s behavior during the use of the Service (using the Software).
7.2.Due to the complex nature of software and IT systems, the Service Provider is not responsible
for the compatibility of the Service (software) with all IT systems and devices.
7.3.The Service Provider assumes no responsibility for system and/or software errors that may arise
for any reason during the operation of the Website. In the event of an error, it is recommended to inform
the Service Provider without delay in order to eliminate it as soon as possible and to take the necessary
measures. Furthermore, the Service Provider is not responsible for damages incurred as a result of a
force majeure event. The User is solely responsible for saving, archiving and storing the data managed
on the Website regularly and in a manner appropriate to the importance of the data.
7.4.By accepting the Terms and Conditions, the User acknowledges that the documentation (plans,
drawings) received (generated) during the use of the Service are not considered to be certified by a
professional (electrical engineer), but are considered to be simple drawings prepared on the basis of the
data and information provided by the User. It is recommended to have them checked and certified by a
professional. The Service Provider shall not be liable for any damages (e.g. design errors) resulting from
the use of the User-generated plans (drawings) on the Website, since the software is intended to provide
a convenience service.
8.Right of cancellation
8.1.The provisions of this section apply only to natural person Buyers acting outside the scope of
their profession, occupation or business activity (consumer according to §8:1. (1)3 of the Ptk.) who use
Services on the Website.
8.2.The Service Provider notes and the affected User expressly acknowledges that besides non-
natural person Users all natural persons who do not meet the definition mentioned in this point do not
fall under the scope of the rules detailed in this point. The aforementioned User shall be entitled to
withdraw from the contract for any reason within 14 (fourteen) days from the date of conclusion of the
contract for the provision of the Service, only and exclusively during the trial period as set forth in
Section 6.4 (hereinafter referred to as the “Cancellation Period”). For the sake of clarity, the Service
Provider notes that the duration of the Cancellation Period is the same as the duration of the Trial Period,
i.e. the User is not entitled to exercise the right of cancellation or termination after the Trial Period (14
days free of charge) has expired.
8.3.If the User has made an offer to conclude the contract, the User has the right to withdraw the
offer before the conclusion of the contract, which terminates the binding nature of the offer covering the
conclusion of the contract.
8.4.If the User wishes to exercise his right of withdrawal, he must send a clear statement of his
intention to withdraw (by mail or electronically) to the Service Provider at one of the contact details
indicated in section 1. of these Terms and Conditions during the Cancellation Period. In case of
cancellation in writing, the User can use a sample withdrawal/termination statement available via
8.5.The User bears the burden of proving that he has exercised his right of withdrawal in accordance
with the relevant legal provisions. If the User does not send his cancellation statement within the
specified deadline, in a way that can be verified beyond any doubt, then it is considered that the User has
not fulfilled the conditions necessary for exercising the right of cancellation, therefore his contract will
not be terminated and his contract will remain in force. In case of cancellation in writing, the exercise of
the right of cancellation shall be considered valid if the User sends his declaration to this effect during
the Cancellation Period (even on the 14th calendar day, including mailing on this day) to the Service
Provider. In the case of notification by post, the Service Provider takes into account the date of mailing,
and in the case of notification via e-mail, the time of sending the e-mail for the purpose of calculating
the deadline. The User should send the letter containing the cancellation statement as a registered post to
the recommended post office in order to reliably prove the date of postal dispatch, thereby ensuring that
the exercise of the right of withdrawal within the deadline can be verified without any problems.
8.6.If the User withdraws from the contract, the Service Provider shall immediately, but not later
than within 14 (fourteen) days from the date of acknowledging the withdrawal, refund the total amount
paid by the User as consideration, including the costs incurred in connection with the performance.
8.7.In case of withdrawal or cancellation by the User, the Service Provider will refund the amount
due to the User in the same way as the payment method was used by the User. Based on the User’s
express consent, the Service Provider may use another payment method for the refund, but the User may
not be charged any additional fees as a result.
8.8.In the case of return by post, the Buyer must clearly indicate “www.uplan.io” on the packaging
of the product to be returned.
8.9.Further detailed rules regarding the right of cancellation and termination of the User who is
considered a Consumer can be addressed in section 20-30. of the Government Decree No. 45/2014.
(II.26.) on detailed rules regarding contracts between consumers and businesses.
8.10.If the User has any questions regarding the right of cancellation, he can contact the customer
service at the following e-mail address – Email: hello@uplan.io
9.Compensation (service fee)
9.1.The parties determine the consideration of the transaction concluded between them in EUR
currency. The price (service fee) indicated on the Website is expressed in the legal tender of Hungary,
and is also recorded in Hungarian forints.
9.2.In accordance with the requirements set out in section 14 of Act CLV of 1997 on consumer
protection (Fgytv.), the consideration of the subscriptions offered by the Service Provider (or, if the law
makes it mandatory, the unit price) means the price actually paid by the User, which includes the
statutory sales tax and other mandatory charges set out by law.
9.3.The fee for the service is the compensation indicated at the time of the order. Only the price
indicated on the Website is the sole guide and applicable regarding the price of any service offered by
the Service Provider. The Service Provider expressly states that only the data displayed on the Website
can be considered official, available and applicable.
10. Warranty, intellectual property
10.1. Implied warranty
In the event of faulty performance, the User may assert a warranty claim against the Service Provider.
The Service Provider performs incorrectly if, at the time of performance, the service does not meet the
quality requirements established in the contract or legislation. The Service Provider does not perform
incorrectly if the User was aware of the error at the time of the conclusion of the contract, or should
have known of the error at the time of the conclusion of the contract ( §6:157 (1) of the Ptk.).
The User can assert his implied warranty claim directly against the Service Provider.
The Warranty claim expires within 1 (one) year from the date of fulfillment by the Service Provider. If
the User is considered a consumer (consumer contract), the statute of limitation for the implied warranty
claim is 2 (two) years from the date of performance by the Service Provider. After the statute of
limitation has passed, a warranty claim cannot be asserted.
The User may at his choice, based on his implied warranty claim request repair or replacement, unless
fulfilling the chosen implied warranty right is impossible, or if it would result in disproportionate
additional costs for the Service Provider – compared to the fulfillment of another implied warranty
claim, taking into account the value represented by the Service in flawless condition, the gravity of the
breach of contract and the harm caused to the User by fulfilling the right of warranty. There is no room
for cancellation due to an insignificant error.
If the User qualifies as a consumer he cannot repair the defect himself at the Service Provider’s expense,
nor can he have it repaired by someone else within the framework of exercising his implied warranty
rights.
The User may switch from implied warranty right of his choice to another, but he is obliged to bear the
cost of the switch, unless it was justified or the Service Provider gave a reason for it. After discovering
the error, the User is obliged to notify the Company without delay in one of the communication methods
specified in these Terms and Conditions. If the User is classified as a consumer, the error communicated
within 2 (two) months from the discovery of the error shall be considered as communicated without
delay. The User is responsible for damage resulting from the delay in communication.
If the User is also considered a consumer, it must be assumed, until proven otherwise, that the defect
recognized by the User already existed at the time of the performance within 6 (six) months after the
performance, unless this presumption is incompatible with the nature of the matter or the nature of the
defect, or, if this presumption is rebutted.
10.2. Warranty
The Service Provider does not provide guarantee for the services provided on the Website.
10.3. Legal warranty
The Service Provider guarantees that with regard to the Services available on the Website (e.g. the use of
software), third parties have no rights that prevent or limit the use of the Service by the User.
10.4. Provisions relating to intellectual property
By accepting these Terms and Conditions, the User declares and guarantees that he has acquired all the
rights (e.g. revision) necessary for the use of the Service from the authors of all documents subject to
copyright or other legal protection in connection with the use of the Service.
Furthermore, the User declares and warrants that no third party has any rights over all copyrighted or
other legally protected documents uploaded by him during the use of the Service, which would prevent
or restrict the performance of the Service by the Service Provider or would create a legal basis for the
payment of royalties or damages to the Service Provider in connection therewith.
By accepting these Terms and Conditions and uploading them to the software interface, the User gives
his permission for the Service Provider to use all documents (works) that are subject to copyright or
other legal protection that he uploads during the use of the Service for the purpose of enhancing the user
experience and developing the software and to freely use them in the ways (e.g. reproduce, rework)
listed in section 17 of the Act LXXVI of 1999 on copyright without time and space restrictions. The
parties note that the fee for the service has been determined specifically with regard to this user consent.
11. Provision of Hungarian law
The legal relationship between the Service Provider and the User is governed by Hungarian law,
primarily the provisions of Act V of 2013 on the Civil Code, and Hungarian courts/authorities have
jurisdiction to settle any disputes between the Parties.
12. Data protection
You can access data protection regulations by opening the following link: https://www.uplan.io/privacy-
policy.
13. Unilateral modification of the General Terms and Conditions
The Service Provider is entitled to unilaterally modify these General Terms and Conditions at any time,
in addition to informing the User in advance. The Service Provider informs the User about the
modifications via the Website, by e-mail.
The Service Provider also reserves the right to at any time unilaterally make any changes to the Website
(external appearance, content elements, etc.) or to move the Website under a different domain name, in
accordance with the relevant legislation and other mandatorily applicable standards.
Effective from 01.01. 2024