Terms and Conditions of Create & Elate Productions Ltd

Introduction

These Terms govern

  • the use of this Website, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.


The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is provided by:

Create & Elate Productions Ltd
Cherni Vrah Blvd. 47A
Fl. 4 and 5
1407 Sofia
Bulgaria
VAT ID: BG206166116

Owner contact email: admin@createandelate.com

Information about this Website

VIDEO EDITING SERVICE AGREEMENT SCOPE OF SERVICE The Contractor shall deliver to the Client the video production services (the “Service Packages”), which constitute an integral part of the Agreement (the “Deliverables”). TURNOVER TIME The Contractor shall deliver the above services to the Client within the Turnover Time electronically communicated to the Client via email or any other electronic messaging tool in use between both Parties on a per Service Package basis and only after the receipt of all instructions (the “Instructions”) and all files to be used in the Deliverables of the Service Package (the “Raw Material”). The Client shall promptly provide any feedback requested by the Contractor and is responsible for any delays caused by late delivery of the Instructions and Raw Material. DELIVERY The Contractor provides Service Packages to the Client in exchange for paid-for Video Credits, which are redeemed by the Client for the delivery of said Service Packages. The specific Deliverables included in each Service Package are agreed upon in writing between both Parties. The Contractor will provide the Client with a download link for the applicable Deliverables per Service Package in the cloud storage. The link will be sent to the Client via email or any other electronic messaging tool in use between both Parties, and it is considered delivered to the Client at the moment of sending it by the Contractor. The link will remain active for five business days from the day of delivery of each Service Package and its revisions, after which the Contractor does not guarantee that the Deliverables will be available for download. The Contractor will provide the Deliverables only in rendered format and will not provide any and all underlying files used in their creation, including but not limited to fonts, titles, effects, graphics, and any other project files such as Apple Final Cut Pro X library files, Adobe Premiere Pro project files, etc. (the “Working Files”). COMPENSATION The Client agrees to remit an advance payment for the Service Packages in the form of Video Credits at a non-refundable rate indicated in the checkout. The quantity of Video Credits charged per delivery of a single Service Package is determined solely by the Contractor and agreed upon in writing between both Parties, and is contingent upon the quantity and duration of Raw Material, the complexity of Instructions, the number of Deliverables included in this Service Package and their longest cumulative final duration across all revisions. The Client may order additional non-refundable Video Credits on a monthly basis and agrees to pay for them through a separate invoice. The Client agrees that unused Video Credits are non-refundable and will expire at the end of each month. This provision stipulates that any paid-for production of Deliverables and Service Packages each month cannot be carried forward to subsequent months. If the Client modifies their assignment during the work process, resulting in a mutual agreement on higher remuneration for the Contractor, both Parties acknowledge that the new rate and assignments agreed upon are valid and binding under this Agreement, and the new term commences. Additionally, both Parties agree that a lower remuneration than the existing rate is not negotiable for the current three-month term. The Contractor reserves the right to unilaterally adjust the agreed rate before the commencement of the new three-month term, providing written notice to the Client at least one month in advance. In the event of such adjustment, the new rate will be effective as of the start of the new three-month term. The Contractor reserves the right to withhold the delivery of Service Packages until the Client has paid all due invoices. The Client must make the payment in the currency and via the payment method stated in the invoice within five business days after receipt of the invoice. The Client agrees to pay a 5% weekly interest charge for every invoice not paid by its due date. REVISIONS Within ten business days after the Contractor delivers the Service Package, the Client may request one reasonable revision per Deliverable in this Service Package worth two hours free of charge. The time required to complete any revision request is estimated solely by the Contractor. Additional charges may apply for subsequent and longer revisions, subject to the discretion of the Contractor. The Contractor will only proceed with such revisions upon mutual agreement in writing between both Parties regarding the associated charges. The Contractor shall provide the revised Service Package to the Client within the Turnover Time electronically communicated to the Client via email or any other electronic messaging tool in use between both Parties on a per Service Package basis and only after the receipt of Instructions and Raw Material required to complete the revision request. NON-DISCLOSURE Both Parties will take all reasonable steps to safeguard and prevent the loss, destruction, or unauthorized access, use, or disclosure of confidential information using a reasonable degree of care. Confidential Information shall include, without limitation, all information specifications, designs, trade secrets or know-how, marketing, finances, the Agreement and its terms, or other business information, disclosed by one Party to the other, unless it is or becomes public knowledge through no fault of the recipient or is approved for disclosure by the disclosing Party. LIABILITY The Contractor shall only be liable for damages that can be attributed to a willful or grossly negligent violation of a contractual obligation. This limitation shall not apply to any damages resulting from injury of life, body, or health. The Client undertakes not to damage the name of the Contractor with its actions, not to discredit and not to damage the prestige of the Contractor as well as not to present false and untrue facts and allegations regarding the Contractor. In case the Client violates its obligations under the previous sentence by its actions and/or inactions, as well as in case it damages the rights and interests of the Contractor, it owes the Contractor compensation in the amount of the damages suffered. USAGE The Client has the right to use the Deliverables per Service Package only for the purpose for which the Deliverables are created, namely for the publication on the Client-owned YouTube channels, Instagram accounts, online membership communities, Facebook groups and accounts, websites, and any other digital, non-broadcast purposes subject to the respective terms and conditions of these platforms, and strictly excludes any illegal, immoral, or defamatory purposes. The use of the Deliverables by the Client for any other purpose that is not previously agreed with the Contractor in writing will be considered a violation of this Agreement and art. 42, para 2 of the Bulgarian Law on Copyright and Related Rights. The Contractor reserves the right to mention the Client and reproduce, publish, and display the Deliverables, their parts, and any preliminary designs produced for the Client in the Contractor’s portfolios, websites, social media, and other media for any marketing, educational, promotional, advertising, and commercial purposes. No remuneration or compensation will be due for the use of the Deliverables or their parts, or any preliminary designs produced for the Client by the Contractor described in this paragraph. TERMINATION This Agreement may be terminated by mutual agreement of both Parties with one day's written notice, without prejudicing their rights and remedies under this Agreement during the notice period. In cases where termination is initiated by only one Party, the one day's written notice shall serve solely to deactivate the automatic renewal of the Agreement for an additional term, effective at the end of the current term. If neither Party terminates the Agreement before the last day of the current term, the Agreement shall automatically extend for an additional term. This automatic extension provision continues iteratively until termination is initiated in accordance with the conditions outlined above by either or both Parties. COPYRIGHT Any and all photographic, imagery, video, and audio materials (the “Copyright Material”) are the exclusive property of their respective owners. The Client warrants that it has obtained the necessary legal rights to use the Copyright Material and Trademarks provided by the Client to the Contractor to permit the Client’s use of the Copyright Material in all Deliverables. If a third party claims copyright and related rights and intellectual property rights in Copyright Material provided by the Client under this Agreement, the Client is obliged to compensate the Contractor for all damages suffered by the Contractor. The Client is limited to the intended use of the Contractor’s Copyright Material in the Deliverables. Specifically, the Contractor’s Copyright Material must not be extracted, reproduced, or used in any other way under any circumstances or conditions. In addition, if the license agreement for the Contractor’s Copyright Material used in the Deliverables requires to credit the owner of the rights, the Contractor shall notify the Client and the Client must credit such as required by the owner of the rights. Because the Client owns the rights to the Copyright Material, other than to those provided by the Contractor, it is the Client’s sole responsibility to ensure that all persons appearing in the Deliverables understand their rights and compensation concerning the Deliverables. The Client solely assumes all responsibility for the content of the Deliverables and further processing of the Deliverables, including but not limited to any infringements resulting from a publication of the Deliverables on social media and any other digital platforms. The Contractor assigns to the Client the intellectual property rights, including but not limited to all moral rights, for the Deliverables in the Service Packages produced for the Client. The Client understands and accepts that this Agreement is a Special Order agreement within the meaning of Art. 42, para 1 of the Bulgarian Law on Copyright and Related Rights. The Contractor's Copyright Material as well as any and all Working Files shall remain the sole property of the Contractor. INDEMNIFICATION The Client agrees to indemnify, defend and hold the Contractor and its officers, directors, agents, employees, representatives, associates, sub-contractors, and affiliates and each of them, harmless from and against any and all losses, costs, damage, liability, and expense, including reasonable attorneys' fees, arising out of any claim whatsoever, directly or indirectly, from the use of the Copyright Material supplied and/or resulting from the communicated instructions to the Contractor by the Client, from the content of the Deliverables, from further processing of the Deliverables including but not limited to any infringements resulting from a publication of the Deliverables on social media and any other digital platforms, as well as arising out of Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions concerning materials included in the Deliverables. The Client undertakes the obligation to render full and timely assistance to the Contractor in any and all kinds of court or administrative proceedings against the Contractor and its officers, directors, agents, employees, representatives, associates, sub-contractors, and affiliates, and each of them concerning the use of Copyright Material. GENERAL PROVISIONS The Parties understand that the Contractor is an independent contractor to the Client and is not an employee of the Client. Nothing in the Agreement will be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between the Contractor and the Client. The invalidity of any provision in the contract or additionally agreed conditions do not invalidate any other clause or the contract as a whole. Any changes to this document must be made in writing (email is sufficient). This Agreement is signed in Sofia, Bulgaria. This Agreement shall be governed by and construed under the laws of Bulgaria. Any disputes arising from this Agreement shall be settled by the competent court of Sofia. This Agreement constitutes the entire agreement between the Client and the Contractor and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. The Client and the Contractor each confirm that they have full power and authority to enter into this Agreement and acknowledge that their electronic signatures below constitute sufficient proof of accepting its terms and conditions.

"This Website" refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
  • Video Editing Service

What the User should know at a glance

  • Usage of this Website and the Service is age restricted: to access and use this Website and its Service the User must be an adult under applicable law.
  • The Service/this Website is only intended for Users that do not qualify as Consumers, such as Business Users.
  • This Website uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • Users may not qualify as Consumers;
  • Users must be recognized as adult by applicable law;
  • Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

“Tell-a-friend”

This Website gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Website.
In order to take advantage of this offer, Users may invite others to purchase the Products on this Website by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on this Website any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Website.
Tell-a-friend codes may be limited to specific Products among those offered on this Website.

The Owner reserves the right to end the offer at any time at its own discretion.

While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Product and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

  • Each order submitted constitutes an offer to purchase. The submission of the order creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt. Unless stated otherwise in the relevant communication, the aforementioned receipt merely indicates reception of the order and does not constitute acceptance of the order.

Order acceptance

  • Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.
  • Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.

The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

  • excluding any applicable fees, taxes and costs.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Website.

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

Terms and conditions applying to extra features

Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of this Website.
Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

  • damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

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.

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.

Authoritative version of these Terms

These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

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.

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.

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.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product

A good or service available through this Website, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

Service

The service provided by this Website as described in these Terms and on this Website.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Website.

Latest update: July 31, 2025

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