TERMS OF USE
1. INTRODUCTION
1.1 These Terms of Use (“Terms”), including the Privacy Policy and the Cookies Policy, govern the relationships between SWIFT SAAS LTD., a company registered with the Bulgarian Commercial Register at the Registry Agency, with unified identification code 206105711, with seat and registered office: Burgas 8000, 20 Samuil Str., fl. 2, hereinafter referred to as “Supplier” and the Users with respect to the use of the Services. The Supplier is registered with the Bulgarian Value Added Tax Act, with registration number BG206105711.
1.2 You are not permitted to use the Services without accepting these Terms. Prior to using the Services, You should also read our Privacy Policy and our Cookies Policy which are available on the Website and are incorporated by reference into these Terms.
1.3 These Terms contain very important information regarding Your rights and obligations, as well as the conditions, exclusions, and limitations applicable to the Services. Please read these Terms carefully before accessing or using the Services.
2. DEFINITIONS
Unless the context otherwise requires, the following terms used in these Terms shall have the following meaning:
2.1 Account: an account on the Platform created by the User which is limited for use by the User via the Login Credentials;
2.2 Activation Fee shall have the meaning ascribed to it in art. 3.6 below;
2.3 Bandwidth: the amount of data included in a Subscription Plan or in a Top Up Package;
2.4 FIAT currency: a currency issued by a central bank or government monetary authority;
2.5 Login Credentials: User’s username, email address, password and other registration details required to create and access the User’s Account;
2.6 Materials: shall have the meaning ascribed to it in art. 11.2 below;
2.7 Modifications: shall have the meaning ascribed to it in art. 12.4 below;
2.8 Party or Parties: User and Supplier referred to individually or jointly as counterparties to these Terms;
2.9 Platform: the web interface which allows Users to access their Accounts and use the Services upon logging in at https://panel.proxyempire.io/login;
2.10 Proxy Services: the Residential Proxies, the Mobile Proxies, the Rotating Datacenter Proxies and other proxy services that may be provided by the Supplier from time to time;
2.11 Mobile Proxies: devices with cellular network connection which act as an intermediary between Your device and the internet and which connect Your device to the internet by routing Your requests through Internet Protocol (“IP”) addresses from mobile internet service providers;
2.12 Residential Proxies: devices which act as an intermediary between Your device and the internet and which assign Your device an alternative IP address from a real device in a specific geographical location, thereby routing Your server requests through residential IPs;
2.13 Rotating Datacenter Proxies: devices which act as an intermediary between Your device and the internet and which change the IP address of Your device with each new request to a destination website routing Your requests through datacenters’ IPs;
2.14 Services: the Platform, the Website, and the Proxy Services, as well as other services that may be provided by the Supplier from time to time;
2.15 Subscription: has the meaning ascribed to such term under clause 6.1 below;
2.16 Top Up Package: has the meaning ascribed to such term under clause 6.5 below;
2.17 Supplier, We or Us: SWIFT SAAS LTD., a company registered with the Bulgarian Commercial Register at the Registry Agency, with unified identification code 206105711, with seat and registered office: Burgas 8000, 20 Samuil Str., fl. 2;
2.18 Trial: a trial of the Services provided under these Terms;
2.19 Updates: any amendment, removal from, addition, adaptation and/or test of certain functionalities of the Services required to maintain them, including without limitation security updates and/or other updates;
2.20 User, You or Your: clients making use of the Services for their legitimate business interests or the legitimate business interests of the entities they represent;
2.21 Website: the website available at https://proxyempire.io/, which provides general information about the type of services and subscriptions offered by the Supplier.
3. REGISTRATION AND ACCOUNT
3.1 In order to use the Platform and the Services, You must first create an Account and accept these Terms. You cannot use the Services unless You have created an Account and accepted these Terms.
3.2 To create an Account, You will be asked to provide certain registration details including, but not limited to name, username, password, Your e-mail address, and other information as may be indicated in the registration panel.
3.3 In the registration window there is a checkbox with a hyperlink to these Terms. By clicking on the checkbox next to the text “I agree with these Terms of Use and the Privacy Policy”, You make an electronic statement, by which You declare that You are familiar with these Terms and the Privacy Policy, accept them, and undertake to comply with them.
3.4 When creating an Account, You shall provide full, truthful, accurate and non-misleading information. You declare and warrant that in case You represent an entity You are authorized to provide such information. You authorize Us to verify the information You provide at Our own discretion and at any time. You are fully responsible for the accuracy of the data in Your Account and You agree to keep Your Account updated if any of the information You provide changes.
3.5 By creating an Account, You hereby represent and warrant to Us that You or the entity You represent are not in violation of any anti-money laundering and/or anti-terrorism laws.
3.6 Upon submitting all necessary and required information in the registration process, We shall review Your Account registration and at Our discretion decide whether Your Account shall be activated. If We decide to activate Your Account, We charge an Account activation fee (“Activation Fee”). The Activation Fee is in the amount indicated on the Website and the Platform.
3.7 We may charge additional fees in cases where You require Us to customize the Services in accordance with Your use case. Any additional fees shall be charged upon mutual agreement on their amount between Us and the User.
3.8 You agree that You will use the Account only for Yourself or on behalf of the entity which You represent, and not on behalf of any other third party. We are not liable if a third party uses Your Account.
3.9 You agree that You will not disclose Your Login Credentials to any third parties and You will keep them strictly confidential at all times. You are solely responsible for keeping Your Login Credentials safe. In this respect, You should select a unique password which is not easy to guess.
3.10 We may, in Our sole discretion, refuse to open an Account for anyone and/or demand additional requirements for granting an Account. We can suspend or delete Your Account and/or Your use of the Services if You are in breach of these Terms, You are interfering with the proper working of the Services, or if We detect or have suspicion that You:
3.10.1 are using the Services in violation of applicable law or regulations or any third-party rights (including intellectual property rights), or for governmental purposes;
3.10.2 use any robot, application, or other automated device, process, or means to access and/or use the Services;
3.10.3 are using the Services to distribute cracking, ROM, virus, adware, worms, trojan horses, malware, spyware, or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;
3.10.4 are using the Services to cause any network resource to be unavailable to its intended users, including, without limitation, via “Denial-of-Service (DoS)” or “Distributed Denial-of-Service (DDoS)” attack;
3.10.5 are using the Services to access and/or distribute any unlawful content or encourage any unlawful activity;
3.10.6 are using the Services to violate general ethic or moral norms, good customs, and fair conduct norms;
3.10.7 are using the Services to engage in any terror, military, para-military, militia, or similar training and activities;
3.10.8 are using the Services to spy, stalk, harm, prank, or harass others, or promote bigotry or discrimination, to engage in espionage;
3.10.9 are using the Services in relation to minors, and especially to observing, accessing, or distributing child pornography and/or to engage in other activities that could be harmful to minors;
3.10.10 are using the Services to promote information that is fraudulent, false or misleading or promoted illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3.10.11 are using the Services to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services;
3.10.12 are using the Services in a way that imposes an unreasonable or disproportionately large load on Our systems or Our hardware and software infrastructure;
3.10.13 are attempting to gain unauthorized access to the Services, their functionalities and features, Our computer systems or networks to which the Services may be connecting;
3.10.14 to collect or harvest any personally identifiable information, including account names, from Our Services; and/or
3.10.15 to cause any damage or service disruption to any third-party computers or service.
3.11 We use a system based on automated algorithms to evaluate whether Your activity on Our Platform and/or use of the Services may be suspicious and/or in violation of applicable laws or these Terms. We ensure that the decisions of the system are evaluated by humans before executing Our rights under article 3.10 above.
3.12 In case We suspend or delete Your Account, You have the right to contest Our decision by filing an appeal with us via e-mail to [email protected]. Your appeal shall be reviewed within 30 calendar days by Us and You shall receive Our answer via the e-mail provided in Your Account. Filing an appeal with Us does not grant You resumed access to Our Services.
3.13 We may, in Our sole discretion, dedicate a personal account manager to You upon opening Your Account. The personal account manager shall be responsible for overseeing Your requests to Us. We reserve the right at Our sole discretion to change the personal account manager dedicated to You or revoke Your right to a personal account manager, without prior notice, in which case You may submit requests regarding the Services and other communication to Our support staff through the live chat functionality of the Website or via e-mail to [email protected].
4. USE OF THE SERVICES
4.1 The Services are meant for use by You with regard to Your own legitimate commercial interests or the legitimate commercial interests of the entity You represent. The Services are not meant for non-commercial and/or non-professional use by individuals, including by individuals acting as “consumers” under the Bulgarian Consumer Protection Act or other consumer protection legislation which may be applicable. You warrant that You will not use the Services as a consumer or otherwise for non-commercial or non-professional needs.
4.2 You must be at least 18 years old to use the Services.
4.3 You agree that You are solely responsible for obtaining all hardware and software necessary to run and use the Services and for any fees, including, but not limited to internet connection, data, or mobile carrier fees that you incur when using the Services. We are not responsible for any compatibility issues and faults.
4.4 If You wish to use Our Services to access sensitive domains of financial, healthcare and/or other platforms as well as governmental websites and platforms, We may ask You to complete an identification check via a system based on automated algorithms. Irrespective of the aforementioned cases, We may at Our discretion ask You to complete such an identification check before executing a payment for Our Services. We review the decision of the system and We may at Our discretion allow or deny access to Our Services.
4.5 We support certain internet connection protocols for Our Services, which protocols are explicitly listed on Our Website and in the Platform.
4.6 We have the right to collect data regarding Your use of the Services for billing purposes and other purposes as set out in these Terms and Our Privacy Policy.
4.7 For the use of the Services You owe Us payment under the conditions of these Terms.
4.8 We offer technical support in case You need such for setting up and running Our Services. To receive technical support You may use the following options:
4.8.1 Contact Your personal account manager, if such is provided to You;
4.8.2 Contact Our support staff through the live chat functionality of the Website; or
4.8.3 Contact Us via e-mail at [email protected].
5. TRIAL
5.1 We offer a trial for Our Services which is not completely free. The Activation Fee which We charge for activating Your Account serves the purpose of a paid trial of the Services. The Trial provides You with 100 megabytes (“MB”) for Rotating Residential Proxies and 50 MB for Rotating Mobile Proxies, or as otherwise indicated on the Website. We reserve the right to change the parameters of the Trial. During the Trial, some of the functionalities of the Services can be subject to limitations.
5.2 Upon expiration of the Trial You shall not be able to further use the Services unless You purchase a Subscription or а Top Up Package . When the Trial expires, You will continue to have access to Your Account.
5.3 We reserve the right to decide on a case-by-case basis, at Our discretion, if a free trial shall be granted to a User. In cases when a free trial is granted, We may solely decide on the Services‘ specifications provided within the free trial.
6. SUBSCRIPTION PLANS & TOP UP PACKAGES.
6.1 If You wish to use the Services other than under a Trial, You need a paid subscription for the Services (“Subscription”) or a Top Up Package as defined in clause 6.5. below.
6.2 We offer different plans as a Subscription (“Subscription Plan”) and different Top Up Package(s). The Subscription Plans and the Top Up Packages are offered through the Website and the Platform. Different Subscription Plans and Top Up Packages differ in functionalities, such as type of Proxy Services and Bandwidth. A description of the available Subscription Plans and Top Up Packages can be found on the Website and the Platform. Your Account contains a history of the Subscription Plans and the Top Up Packages purchased by You.
6.3 After You purchase a Subscription Plan, We will send a notification to You (per email or through the Platform) confirming the start date of Your Subscription.
6.4 The Subscription is for an unlimited period of time and will be charged at the start of each billing period. Billing periods are with a duration of 1 (one) month or as otherwise indicated on the Website. The first billing period commences on the start date of Your Subscription.
6.5 Top Up Packages are pay-as-you-go payment plans billed per gigabyte (GB) which allow You to use certain Services by (i) adding Bandwidth to Your Account without buying a Subscription Plan (“Stand-Alone”) or (ii) purchasing additional Bandwidth to Your Subscription Plan for certain Services (“Add-On”). Top Up Packages will be charged at the moment of purchase.
6.6 If Your payment for the Subscription or the Top Up Package is unsuccessful, You shall not be able to continue using the Services under the Subscription Plan or access the Services under a Top Up Package.
6.7 You can cancel the Subscription through Your Account in the Platform. In case of cancellation, the Subscription will remain effective until the end of the current billing period. After the current billing period expires, You will no longer have access to Services under a paid Subscription. In case there is a remaining unused Bandwidth, You can use it without an active Subscription until it is fully spent or Your Account is deleted.
6.8 You can access the Services purchased under a Top Up Package until the Bandwidth included in the Top Up Package is fully spent or Your Account is deleted.
6.9 After purchasing the Subscription or the Top Up Package, You do not have the right to withdraw from the Subscription or the Top Up Package.
6.10 If You wish, You can change Your Subscription Plan at any time by choosing a new one available at the time of the change. When You change Your Subscription Plan, You will be charged for the new Subscription Plan immediately and the Bandwidth included in the new Subscription Plan will be added immediately to Your Account on top of the Bandwidth remaining from the previous Subscription Plan. When You change Subscription Plans, the start date of Your billing period will be updated accordingly.
6.11 Each Party can terminate the Subscription at any time with an immediate effect if the other Party materially violates these Terms and/or applicable laws.
7. PRICES AND PAYMENT
7.1 The prices for the Subscription Plans and the Top Up Packages are available on the Website and the Platform (“Prices”). The Prices may be updated periodically. The updated Price will apply to all Users as of the next billing period unless otherwise agreed. In the event that Your Subscription is canceled and You decide to subscribe again later, You will be charged at the current Price for the Subscription.
7.2 The Prices of Top Up Packages purchased as Stand-Alones and Add-Ons may differ. The Prices of the Add-Ons depend on Your active Subscription Plan to which You are purchasing them. In the event that Your Subscription Plan is canceled, and You purchase a Top Up Package, You will be charged at the current applicable Price for a Stand-Alone. In the event that You change Your Subscription Plan and You purchase a Top Up Package, You will be charged for an Add-On at the current applicable Price for Add-Ons to the new Subscription Plan.
7.3 The Prices listed on the Website do not include VAT or other taxes, unless indicated otherwise.
7.4 You will be charged for the Subscription at the start of each billing period as envisaged in clause 6.4.
7.5 You will be charged for Top Up Packages at the moment of purchase as envisaged in clause 6.5.
7.6 The Prices are in FIAT currency. If You wish, You have the option to pay the Top Up Packages in virtual currency.
7.7 Payment may be executed through payment methods, explicitly listed in the Platform. In the future, We can expand these payment methods. These expansions will be announced on Our Website.
7.8 We use merchants-of-record (“MoRs”) which are third parties who act as resellers of Our Services and handle the payment process for the Services and any payment-related matters such as refunds if applicable. The MoRs We use are listed in Our Privacy Policy or they may be indicated on the Website or the Platform. We use MoRs to facilitate payments in both FIAT and virtual currencies. You acknowledge and agree that the payment method You choose may involve a MoR and that the payment method may be subject to additional terms and conditions imposed by such MoR. By using the Services You agree to Your payment information being processed by the MoR through which Your payment is handled. Please, for further information refer to the MoRs’ general terms and conditions available on their websites.
7.9 The MoRs handle the charge and collection of VAT and other taxes, together referred to as Sales Taxes, if applicable, with regard to Your purchase of a Subscription. You agree that You may be charged with Sales Taxes by the MoR.
7.10 By agreeing to these Terms, You agree to be billed automatically to the payment method opted by You, according to the calculation of the Price of the Subscription.
7.11 We require that You pay the price for a Subscription Plan in full at the beginning of each billing period. A condition for completing the order for Subscription is that You have paid the full price determined for it on the Platform. The payment of the Price allows You to use the Services in accordance with these Terms.
7.12 Payments processed by MoRs are subject to their terms of use and privacy policies and are not accessible or controlled by Us. For additional information, we recommend that you review the relevant MoRs’ general terms and conditions and privacy policies.
7.13 We shall not be liable for the correct execution of payments involving MoRs. We shall also not be liable if a payment method involving a MoR is not available or otherwise does not function.
7.14 We may provide the opportunity to execute payments for Our Services via a bank account transfer directly to Us. In order to make a payment via a bank transfer You shall contact Us via e-mail at [email protected] and provide Us with Your billing details. We reserve the right, at Our sole discretion, to deny a request for payment via a bank account transfer.
7.15 You understand and agree that when paying by bank card or other means of electronic payment, You may be charged for bank, transfer, or other fees/commissions, determined unilaterally by the respective bank/payment institution.
7.16 All bank fees, bank commissions, exchange rate losses or commissions on currency exchange, including virtual currency exchange, and other costs and fees related to payments are at Your expense.
8. REFUND POLICY
8.1 All sales and charges are final, and We do not offer any money-back guarantees.
8.2 In case of receiving a refund request, We reserve the right to decide on a case-by-case basis if a refund shall be granted. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances, except at Our sole discretion.
8.3 Payments in virtual currencies are non-refundable in all cases.
8.4 There are no refunds for termination or cancellation of the Services and/or Account deletion. If You no longer wish to subscribe to a Subscription, it is Your responsibility to cancel the Subscription in due time, regardless of whether or not You are actively using the Services.
9. ACCOUNT DELETION
9.1 In case You would like to delete Your Account, You have the right to request Our support team to delete the Account. You can contact Us at [email protected]. In such a case, We may retain certain personal data collected from You in accordance with Our Privacy Policy. In Our Privacy Policy, You can read what personal data is collected by Us, for what purposes, and how long such data is retained by Us. You can find Our Privacy Policy on Our Website and the Platform.
9.2 If We delete Your Account, any remaining Bandwidth accumulated in it shall be irrevocably lost. You acknowledge and agree that if upon deletion You create a new Account, no Bandwidth shall be transferred from the deleted Account to the new Account.
10. THIRD-PARTY LINKS
10.1 You acknowledge that the Services may contain links to third-party websites, enable or assist You to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that You do so solely at Your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party websites and/or services, or any transactions completed, and any contract entered into by You, with any such third party. Any contract entered into and any transaction completed via any third-party website is between You and the relevant third party, and not Us. We recommend that You refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website and/or services. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Services.
11. USER LICENSE
11.1 As long as You comply with these Terms, You are granted a non-exclusive, non-transferable, limited, and revocable license to use the Services in accordance with these Terms and the Subscription.
11.2 Under the license as per clause 10.1, You cannot: modify or copy the Services or any part thereof (“Materials”); use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer the Materials or any other software contained on the Website or the Platform; transfer the Materials to another person or “mirror” the Materials on any other server.
11.3 If You violate or attempt to violate any of the above restrictions, We have the right with immediate effect to disable any functionality of the Platform temporarily or permanently, as well as to cancel Your Subscription and/or delete Your Account.
12. AVAILABILITY, UPDATES AND MODIFICATIONS
12.1 You can access and use the Services from a mobile device with an internet browser, laptop, or desktop computer with internet access.
12.2 You hereby agree that We shall not be liable for any downtime of the Services resulting in lack of availability of the Services.
12.3 We can from time to time amend, remove from, add, adapt and/or test certain functionalities of the Services required to maintain them, including without limitation security updates and/or other updates. You will be kindly asked to install such Updates in a reasonable term, if installation is required. In cases when installation of Updates is required, if you choose not to install the Update properly or at all, You are hereby informed that the Services may not continue to function properly and that in such case We cannot be held liable.
12.4 We can from time to time modify the Services by, amongst others, updating, adding and/or removing functionalities in order to improve the Services for Users, and/or adapt the Services to new technical environment(s), and/or to increase the number of Users, and/or for other important operation reasons (“Modifications“).
12.5 We are not obliged to provide prior notice to You for any upcoming Updates and/or Modifications.
13. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
13.1 Other than as expressly set out in these Terms, neither We nor Our licensees, vendors, agents, or affiliates make any specific promises, warranties, or representations about the Services. The Services are provided on an “as is” and “as available” basis.
13.2 We do not make any statements or give any warranties about the results obtained by using the Services, the specific functions of the Services or their reliability, availability, accuracy, or ability to meet Your needs. We do not warrant that access to the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by applicable law, We exclude all such warranties.
13.3 To the extent permitted by applicable law, We shall not be liable, whether under contract, tort, strict liability or otherwise, for damages, including but not limited for any loss of revenue, profit, contracts, business or failure to realize anticipated savings or profits, loss of or damage to goodwill, or any indirect loss, resulting from or related to:
13.3.1 unauthorized access to Your Account and/or harmful actions resulting from Your compromised Login Credentials or compromised device for accessing Your Account;
13.3.2 any incorrect or incomplete information provided by You;
13.3.3 the use of third-party websites and/or services to which You have gained access while using the Services, including but not limited to their unavailability;
13.3.4 any functioning, availability or unavailability of the Services;
13.4 loss of use, lost data, failure of security mechanisms, interruption of business or lost profits, whether resulting from or caused by the Services, Our software, any third-party content, any third parties, these Terms, or otherwise (including, without limitation, damages resulting from negligence), even if We have been advised of the possibility of such damages;
13.5 We shall in no way be held responsible or liable to You for the conduct of any third parties.
13.6 If We are held liable, for any reason, Our aggregate liability, whether in contract, tort or otherwise, will be limited to the total value paid by You for the remaining unused Bandwidth in Your Account.
13.7 In any case, Our liability will be limited to the fullest extent permitted by applicable law.
13.8 Section 13 applies to all Users, irrespective of their geographical location or jurisdiction.
14. INTELLECTUAL PROPERTY
14.1 We retain all intellectual property rights and other related rights with regard to the Services. Except as expressly stated herein, these Terms do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services. You acknowledge that you are obtaining only a limited license right to the Services, their proprietary features, functionality, and interfaces, and that no ownership rights are being conveyed to You under these Terms or otherwise. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any part of the Services, their proprietary features, functionality, interfaces, and/or source code without Our prior written consent. You acknowledge that the Services, their proprietary features, functionality, interfaces, and source code include certain notices and marks owned by Us and others. You agree not to copy, use or otherwise infringe upon or dilute these marks.
14.2 Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Services, its proprietary features, functionality, interfaces, and/or source code, is expressly prohibited by applicable law and may result in civil or criminal penalties. Violators will be prosecuted to the maximum extent possible.
You may choose to or We may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, You agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Us under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, We do not waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.
14.3 We have the right to use on Our Website and Platform, or any other marketing or advertising medium used by Us, Your name and logo, provided that the use of the name and logo is limited to statements of fact for marketing purposes and You shall have the right to revoke permission of such use of Your name and logo at any time by sending a notice to [email protected].
15. NO ADVICE
15.1 You understand and agree that nothing in these Terms or any other materials available on the Website and/or in the Platform in connection with the Services constitutes advice on what Subscription Plan would be most suitable for Your needs and/or how to use the Services for Your needs. If You wish to receive such advice or recommendation, You should seek independent professional advice prior to using the Services.
15.2 We are not responsible for the Subscription Plan You choose and how You choose to use the Services for Your needs, including but not only if they are suitable for Your needs. All information contained on the Website or the Platform is for general use only and shall not be relied on by You in making any decision related to the Services.
16. INDEMNIFICATION
16.1 You undertake to indemnity and hold Us harmless from and against all liabilities and/or damages, arising out of third-party claims regarding any damages sustained by such third parties as a result of Your use of the Services and/or any breach by You of applicable laws or regulations or these Terms.
17. RESTRICTED LOCATIONS, INDIVIDUALS AND ENTITIES
17.1 You are not allowed to use the Services, if: (i) You are located in, or are a citizen or a resident, of a jurisdiction that is embargoed by the European Union, the United Kingdom, the United States of America; or (ii) You are listed in the United Nations Security Council Consolidated List, or (iii) if Your use of the Services violates any applicable law or regulation; or (iv) You are located in, or a citizen or a resident, of a jurisdiction which is identified as a high-risk third-party under EU or national laws.
17.2 You expressly confirm and declare that You are not located in, or a citizen or a resident of, a jurisdiction which is considered a restricted or a high-risk jurisdiction by EU laws, the laws of the United Kingdom and/or the United States of America, as well as any other applicable national or international laws, regulations or acts, and that You will not use the Services while located in such jurisdiction.
17.3 You are hereby informed that we may implement measures to restrict access to the Services from any jurisdiction prohibited under this section 17, or otherwise prohibited or restricted by applicable national or international laws, regulations, or acts. You confirm that You will comply with this clause 17 and You will not attempt to use the Services in such a case and/or bypass its controls.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
18.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Bulgaria.
18.2 All disputes arising out of or in connection with these Terms, including but not limited to their validity, formation, performance or termination shall be settled by the competent Bulgarian court in the city of Burgas in accordance with Bulgarian law.
19. MISCELLANEOUS
19.1 These Terms can be amended by Us from time to time. Any such change will be effective immediately upon being published on Our Website and Platform. When we change the Terms, we will notify You by e-mail or other means of communication as envisaged herein or otherwise agreed with you. If You do not agree with the changes in the Terms, You shall inform us via e-mail at [email protected] within 10 days being notified by us of the amendment . You will be deemed to have accepted the changes if You have not notified Us within the aforementioned 10-day period.
19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or Your use of the Services. The Terms constitute the entire agreement between You and Us with respect to Your use of the Services.
19.3 Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
19.4 If any sentence, provision or part of a provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant sentence provision or part shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
19.5 You may not assign, delegate, or otherwise transfer Your Account or Your obligations under these Terms without Our prior written consent. We have the right, in Our sole discretion, to transfer or assign all or any part of Our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill Our duties and obligations under these Terms and in connection with the Services.
19.6 If You have questions or wish to get in touch with Us, You can contact us at: [email protected]. You can also get in touch with Us, including file a complaint, using the live chat form on Our Website.
19.7 We can send You notices under these Terms in one of the following manners (i) per email to the e-mail address provided by You in Your Account; and/or (ii) by posting a notification on the Website or the Platform.
19.8 Notices posted by e-mail will be effective when the email is sent, and notices posted on the Website and/or the Platform – at the time of posting. You are responsible for regularly checking Your email, as well as messages on the Website and/or the Platform.
19.9 The Parties agree that all statements between them in connection to the acceptance, enforcement and amendment of these Terms can be performed electronically through electronic statements. The Parties agree that all communication between them in electronic format and any electronic statements from either Party by, amongst others, performing actions on the Website and/or the Platform, including but not limited to creating an Account, sending emails and notifications, as well as any other electronic statements from either Party, including these Terms and their acceptance, are considered to be signed with an “electronic signature” within the meaning of Article 3, point 10 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and the Parties agree that such electronic signature have the value of a handwritten signature in the relationship between them. By accepting these Terms, the Parties express their agreement to consider the electronic statements made between them as signed with an electronic signature as equivalent to those signed with a handwritten signature.
19.10 These Terms enter into force on 15.05.2024. A copy of these Terms, as well as all previous versions, can be found on the Website and in the Platform.
