Terms and Conditions
Contract Code: TNC-IKA-Ver1.0
- Any user who accesses the Website or utilizes any of the Service shall be a User. If the User does not agree with all or any of these Terms, the User must leave the Website immediately and/or proceed to stop utilizing any of the Services.
- By agreeing to these Terms, the User warrants that:
- The User is of legal age and has read and understood the conditions set forth herein.
- In the event of entering into or purchasing the Service, the User has legal capacity to do so.
- The User assumes all obligations set forth herein.
- A User can register to access and use the Services after registering their information and accepting the Terms through the registration procedures, determined by the Service Provider
- If, upon a review, the Service Provider approves a User's registration, the Service Provider will issue credentials (hereinafter referred to as "Credentials") for the User to use to access the Services.
- The User shall be held responsible for managing the Credentials issued by the Service Provider, and shall not transfer, lend, or disclose it to any third parties. However, this shall not apply in cases where it must be disclosed due to the nature of a program or application developed using this Service.
- The User shall be held responsible for inadequate management, misuse, and damage to third parties caused by the usage of the Credentials, and if the User finds that the Credentials has been used by a third party without authorization, the User shall report it to the Service Provider without delay.
- Even in cases of unauthorized usage of the Credentials, the Service Provider shall consider this to be appropriate usage by the User, and shall not accept any responsibility whatsoever for damages incurred by this usage.
- If the Service Provider can reasonably assume that there has been usage by a User who has not completed the required registration procedures, or if the Service Provider judges it necessary due to burden on the Service, the Service Provider may restrict the traffic or access time from specific IP addresses or deny access.
- If the Service Provider determines that there has been a violation of the Terms by a User, or if the Service Provider determines that a User's usage of the Service is inappropriate, the Service Provider may restrict that User's access at its own discretion without contacting the User.
3. Code of Conduct
The User agrees to use the Website and the Services in accordance with law, moral principles and public order as well as the Terms.
3.a. PROHIBITED USE OF SERVICE
The User shall refrain from using the Website or the Services for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to use the Services to:
- submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet user.
- contain copyright trademarks or other intellectual property without the written permission of the holder of these rights.
- impersonate other Users of the Website and the Services.
- bring the Website or Service Provider name into disrepute.
- violate, or in a method that violates laws, rules, regulations, or government authority.
- The User agrees to indemnify and hold harmless LaLoka Labs OÜ against any claim, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. LaLoka Labs OÜ reserves the right to claim compensation for damages incurred.
- If any of the acts in the paragraphs above has been committed, the Service Provider may suspend the use of the Service for the relevant User, cancel or suspend the User's access to the Service, or take other measures that the Service Provider deems appropriate.
- If the User violates these Terms in letter or in spirit, or if the Service Provider determines that an act has been committed that is inappropriate in light of the spirit of this agreement, the Service Provider may take necessary measures. The Service Provider may take said measures at will, regardless of whether the User is responsible for the improper conduct.
- The User may not raise any objection to the measures taken by the Service Provider against the User, regardless of the reason that the measures were taken. The Service Provider accepts no responsibility whatsoever for any damage suffered by the User as a result of the Service Provider having taken the measures above. However, the Service Provider also bears no responsibility to monitor the User's activity, nor the information (including data and content) transmitted or provided by the User (including cases considered to be use by the User).
4. Pricing and Payment Terms of the Services
- The pricing and payment terms of the the Services are provided on the Website and displayed on the screen prior to the purchase process when selecting subscription package.
- When applicable, the Valued Added Tax (VAT) is included in the prices.
- All charges are payable in advance - the User cannot use the Service until all due payments have been received by the Service Provider. Payments for using the Service is made by using a credit card. Other payment methods may be accepted at the sole discretion of the Service Provider.
- Credit card information is not visible to nor accessible by the Service Provider. In case of credit card payments the User will be directed to a secure environment provided by the credit card payment operator.
- Payments for the Service are non-refundable, except in these cases:'
- The User has not used or accessed any of the Services which the User is entitled to with such purchase.
- The User contacts the Service Provider within three (3) days of the purchase.
- All refunds will be charged a 20% refund processing fee of the amount refunded.
- Unless the payment was made by another payment method as specified by the Service Provider, the refund method shall be by bank transfer to an account in the User's own name. However, when issuing a bank transfer, the transfer fees shall be borne by the User.
5. Intellectual Property
- All intellectual property on the Website and the Service is owned by LaLoka Labs OÜ or its licensors, including, but not limited to, the intellectual property in texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual or sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property regulations in force of the aforementioned content be deemed to have been assigned or licensed to the User.
- The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by LaLoka Labs OÜ or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned or licensed to the User.
- The User is forbidden of, either partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the Services.
6. Limitation of Liability
The Services are one of the most reliable and accurate solutions in the market, and we keep improving it, however, the technology itself has some limitations:
- The underlying communications technology is not 100% reliable: Telephone calls can sometimes not connect or the SMS messages sent was not received due to uncontrollable circumstances happening in the telephone network or the recipient's hardware.
- Software is inherently not 100% reliable: Unintentional errors in the program or intermittent errors due to issues with the internet network can also effect the Service.
The Service Provider does not accept any liability for damages suffered by the User or any third parties due to any of the items below (except in cases of willful or gross negligence by the Service Provider) as a result of the use of this Service or Information, even if it was indicated to the Service Provider that such damage might occur.
- Availability or unavailability of this Service.
- Information obtained through this Service or other information or data.
- Users' transmissions or communications, illicit access to data, or its modification.
- Third party comments or actions regarding the use of this Service.
- Any and all other matters related to the use of this Service.
- The Service Provider provides no guarantee whatsoever that information on this Service and Website is free from error, bugs, and interruption, nor does it provide any guarantee to its reliability, accuracy, completeness, safety or efficacy.
- By this agreement, the Service Provider accepts no responsibility whatsoever for damages, liability, or complaints arising from the usage, trusting, or referencing of this Service or any application developed by the User related to or using the Service.
- The Service Provider accepts no responsibility whatsoever for the result of usage of this Service. Payments for the Service are completely non-refundable, regardless of the results of the use of this Service unless explicitly stated otherwise. Furthermore, any transmitted data or information belongs to the User, and the Service Provider accepts no responsibility for it whatsoever.
- Bearing in mind the above, the User acknowledges and accepts that the operation of the Services which depends on a number of elements which may imply defects of the Services in certain cases and the Services is not free of errors and mistakes.
- All notices, requests, demands, and other communications between the Service Provider and the User in connection with the Service or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail to the address which the parties have indicated to the other to that effect.
- Notwithstanding the foregoing, notices sent to the Service Provider shall be deemed to have been duly made when sent by means of email at firstname.lastname@example.org.
- On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User's email account as of the start of the Service use or, if required, the one that the User had provided the Service Provider with to that effect.
In the event that any provision of these Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these Terms.
9. Changes to the Terms
- These Terms and information on the Website including the pricing are subject to change by the Service Provider at any time without prior notification.
- Any such changes become effective immediately after being published by the Service Provider on the Website. For being informed of all such changes revising the Website and the Agreement regularly is strongly recommended.
- By continuing to use the Services after the new Terms or information on the Website have been published the User automatically agrees to being bound by such changed Terms and pricing.
10. Violation of These Terms
If a User causes damage to the Service Provider or to a third party due to violation of these Terms, the User shall be liable for these damages at his/her own responsibility and expense. Furthermore, complaints and disputes from third parties arising due to a User's usage of this Service shall be resolved between the User and the third party, and must not inconvenience the Service Provider in any way whatsoever.
11. Final Provisions
- This Agreement is governed by the laws of Estonia. The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations the English language version shall take precedence.
- Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.