Terms of Service

Access to External Resources

Through this Website, Users may access resources provided by third parties. The Owner does not control these resources and is not responsible for their content or availability.

Conditions for accessing and using third-party resources, including any rights granted in the content, are determined by the respective third party’s terms and conditions or applicable laws.

Filing a DMCA Takedown Notice

If you believe content on this Website infringes your copyright, you may file a notification under the Digital Millennium Copyright Act (DMCA). Please provide the following information in writing to the Owner’s Copyright Agent (as per 17 U.S.C. 512(c)(3)):

1. Signature: A physical or electronic signature of the authorized representative of the copyright holder.
2. Identification of Copyrighted Work: Describe the copyrighted work being infringed. If multiple works are affected, provide a representative list.
3. Identification of Infringing Material: Provide details of the infringing material, including its location on the Website.
4. Contact Information: Include your address, telephone number, and email address.
5. Good Faith Statement: A declaration that you believe in good faith the use is unauthorized by the copyright owner, their agent, or the law.
6. Accuracy and Authorization: A statement under penalty of perjury that the information provided is accurate and you are authorized to act on behalf of the copyright owner.

Failure to provide all required details may result in the invalidity of your DMCA notice. Notifications can be sent to the contact details listed in this document.

Acceptable Use

Users may only use the Website and its Services for purposes permitted under these Terms and applicable laws.

Users are responsible for ensuring their activities comply with laws, regulations, and third-party rights. The Owner reserves the right to take necessary action, such as:

• Denying access to the Website or Service.
• Terminating contracts.
• Reporting misconduct to relevant authorities if Users:
  • Violate laws, regulations, or Terms.
  • Infringe third-party rights.
  • Impair the Owner’s legitimate interests.
  • Offend the Owner or third parties.

Liability and Indemnification

General Liability

The Owner’s liability is excluded, limited, or reduced to the fullest extent permitted by law, except where explicitly stated otherwise.

Indemnification

Users agree to indemnify and hold the Owner and its representatives harmless from any claims, damages, losses, or expenses, including legal fees, arising from:

• Violations of these Terms.
• Infringement of third-party rights or applicable laws.
• Misuse of the Service.

Limitation of Liability

The Owner is not liable for damages, except for:

• Damages affecting life, health, or physical integrity.
• Breaches of material contractual obligations.
• Intentional or gross negligence.

For non-consumers, liability is limited to the total payments received from the User within 12 months or the contract duration, whichever is shorter.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil that qualify as Consumers.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.