Terms & Conditions

Last modified: 02.01.2023

These and Conditions are stipulated by SEG EU OÜ, a limited liability company incorporated in the Republic of Estonia with the registration number
16255825 and registered address at Narva mnt 5, 10117 Tallinn, Estonia.

Please read carefully these Terms and Conditions and all material and information incorporated here as reference, as these set out your and our
legal rights and obligations in relation to using the Application. You will be asked to agree to these Terms and Conditions before creating the
Account and/or using the Services. It is not possible to register the Account and/or use any Service without agreeing with these Terms and
Conditions.

These General Terms are available in the English language only. You should print a copy of these Terms and Conditions for future reference as any
specific version of these Terms and Conditions may not be accessible on the Application in the future. You can always see the currently valid
version of these Terms and Conditions on the Application or contact us to receive a copy of these Terms and Conditions via email.

These General Terms may change. In such case, we will give you a 30-day notice, at the end of which period you will be deemed to have accepted the
new General Terms by continuing to use the Services. For more information on the Company, you can refer to the “Contact Us” section of the Website.

1. Subject matter

Academy by Ephemeris is a comprehensive and succinct career guide regarding starting or enhancing a career in the superyacht industry. This
Application is a part of the Ephemeris Suite which can be accessed at
https://ephemeris.app. The Ephemeris Suite comprises of products that have
been designed to support various sectors of the superyacht industry.

2. Definitions

• 2.1. Account – a personal user account on the Application where the User can use the Services, and which includes the User’s
  personal data.
• 2.2. Business Day – a calendar day that is not a Saturday, a Sunday, a national or a public holiday in Estonia.
• 2.3. Application – the Academy by Ephemeris software which is accessible through the android application or the Website.
• 2.4. Company or us – SEG EU OÜ, a limited liability company incorporated in the Republic of Estonia with the
  registration number 16255825 and registered address at Narva mnt 5, 10117 Tallinn, Estonia.
• 2.5. Customer – vessel management and other solution services that are accessible through the Application.
• 2.6. Seller – a legal person who provides Content and/or Products on the Website and who is liable for all circumstances related
  to its Content and/or Products.
• 2.7. Contract – a license agreement and/or sale agreement concluded between the Seller and the User to purchase the Content and
  Products through the Company´s Website or a license agreement and/or sale agreement concluded between the Company and the User to purchase the
  Content and Products.
• 2.8. Party or Parties – under these Terms and Conditions, separately the User or the Company or jointly the User
  and the Company.
• 2.9. Products – maritime products and books that are provided and published on the Website for sale.
• 2.10. Content – online courses, live sessions, in-person sessions, e-learning courses, course materials and tools, pre-course
  learning materials and tools, and eBooks that are provided and published on the Website for sale.
• 2.11. Service – services which are accessible through the Application including mediation of the Contract conclusion between the
  Seller and User on the Website, and sale and delivery of the Content and Products.
• 2.12. User Content – content shared by the User on the Application, including, but not limited to, feedback ideas, modifications,
  suggestions and improvements, homework, quizzes, exams, projects, other assignments you submit, posts in the forums, etc.
• 2.13. User or you – a natural person with active legal capacity who is at least 18 years old or a legal entity
  and who has agreed to these Terms and Conditions.
• 2.14. Website – a web-based online environment available
  https://ephemeris.app and
  https://ephemeris.academy through which the Application is accessible,
  and which is operated by the Company.
• 2.15. Force Majeure Event – an event, or a series of related events, that is outside the reasonable control of the Party affected
  (including but not limited to failures of or problems with the Internet or a part of the Internet, hacker attacks, virus or other malicious
  software attacks, power failures, telecommunication failures, disputes affecting any third party, changes to the law, disasters, explosions,
  fires, floods, riots, strikes, terrorist attacks, wars, government restrictions, embargoes, earthquakes).

3. General Provisions

• 3.1. By using the Company’s Services (i.e. using the Website for purchasing the online courses, Products, eBooks and other teaching materials),
  you confirm that you have read these Terms and Conditions, agree to these Terms and Conditions and undertake to comply with these Terms and
  Conditions. If you do not agree to these Terms and Conditions, you must refrain from using the Services and/or registering the Account.
• 3.2. These Terms and Conditions set out the rights and obligations of the User for using the Service, including, but not limited to, terms for
  using the Application, the liability of the Parties.
• 3.3. The Services are designed to provide the User access to a comprehensive and succinct career guide regarding starting or enhancing a career in
  the superyacht industry.
• 3.4. To use the Services, the User must register the Account. To register the Account, the User will be required to provide an e-mail address and
  choose a safe password.
• 3.5. The User can only access the Account and use the Services on their own behalf and in their own name. Account access and use of the Services
  on behalf of third parties is forbidden.
• 3.6. The User can use the Application under these Terms and Conditions for a fee agreed upon by the Parties via the Website. The User is
  responsible for all additional costs and expenses associated with the use of the Application and the performance of the Application.

4. Provision of Services and obligations of the Company

• 4.1. The Company operates the Website, through which the Contract can be concluded between the Seller and User or the User has the opportunity to
  purchase the Content and Products from the Company. The Company mediates the conclusion of the Contract between the Seller and User in the
  interest of the Seller
• 4.2. To use the Services, the User has the possibility to purchase the Content and Products only via the Account. To register the Account, the
  User, who is the Customer, will be required to provide an e-mail address and choose a safe password. As part of registering the Account, you will
  be asked to provide the information that you are a natural person. This may include, but is not limited to, name, address, email, phone, and
  credit card data. The User’s refusal to provide the requested information will grant the Company the right to suspend, restrict or cancel access
  to the Website and the Services. Please also refer to section 17 (Processing of Personal Data) of these Terms and Conditions.
• 4.3. Once your identity has been validated, you will be able to use the Services. The Company reserves the right to suspend the provision of the
  Services to you at any stage and request further information/documentation.
• 4.4. In addition to offering the Services and Content on the Website, the Services or Content may be offered on a third-party website that is not
  under the control of the Company. The respective information is presented on the Website next to such third-party Content. In such a case, the
  terms and conditions of the respective website shall also be applicable to the User. For example, online courses in connection with cadetship will
  be offered by a third-party EPIGNOSIS LLC on a website operated under the name Talent LMS. In such a case, the terms and conditions of Talent LMS
  will also apply. The terms and conditions of Talent LMS are available
  here
• 4.5. If the Contract is concluded between the Seller and User, the Seller is responsible for the performance of the Contact. The rights and
  obligations related to the Content shall be established by the Seller in its terms and conditions and the Seller shall be liable to the User for
  the Content, modification and performance of these rights and obligations. Among other things, the Company does not have the right to repurchase
  or exchange the Content, unless otherwise stated.
• 4.6. Content and Product information is verified and updated on a regular basis. It may happen that the data has been updated after your last
  visit. The Content, Products and Services information on the Website might be inaccurate. In this event, the Company does not assume any liability
  for the correctness of the Content, Products and Services data. The images of Content, Products and Services have illustrative purposes only.

5. urchase of the Content and Products, and Placing an Order on the Website

• 5.1. The User can purchase the Content and Products on the Website only after registering the Account. To purchase the Content and Products on the
  Account, the User must log in to the Account prior to the Purchase being finalised. It is only possible to purchase Content and Products with the
  Account.
• 5.2. It is only possible to purchase the Content and Products on the Website that has an ‘Add to cart’ or a ‘Buy Now’ link. The price and
  availability of the Content, Products and Services may change at any time and without prior notice. If the User has placed the order before the
  price of the Content or Product changes, the price valid at the time of the order shall apply.
• 5.3. The Company and Seller have the right to withdraw from the Contract entered into via the Website and not make the Content available and
  accessible if the Content has an ‘On order’ status on the Website (the Content is out of stock), the online course is fully booked, or the price
  or capacity of the Content has been displayed on the Website incorrectly due to a system error.
• 5.4. The Company and Seller have the right to withdraw from the Contract entered into via the Website and not to hand over the Products if the
  Products are out of stock, the Products have an ‘On order’ status on the Website (the Products are out of stock) or the price or qualities of the
  Products have been displayed on the Website incorrectly due to a system error.
• 5.5. You may change the quantity of the Content and Products in your shopping cart. You can enter a coupon code in your shopping cart. To activate
  the code, you must press “OK”. The code will automatically apply the discount.
• 5.6. If the Content is offered by the Seller, the terms and conditions of the respective Seller will be also applicable to the User and the
  Content may be accessible through a third-party website. The information regarding the Seller and the terms and conditions will be provided with
  the Content information. Please note that you must agree with the terms and conditions of the respective Seller as without agreeing with the terms
  and conditions it is not possible to purchase and access the Content.
• 5.7. Before purchasing the Content or Products, you will be required to read and accept the Privacy Notice, these Terms and Conditions and, if
  applicable, the Seller´s terms and conditions. It is not possible to purchase the Content and Products without agreeing with the Privacy Notice,
  these Terms and Conditions and, if applicable, Seller´s terms and conditions.
• 5.8. Please confirm your order by clicking on the ‘Place order’ button and you will be directed to the payment options page. Select a suitable
  payment option and to confirm your order and to make your purchase, you must make a final selection. Select the option of payment and pay for your
  purchase.
• 5.9. In some cases when purchasing Content on the Website, the Website may transfer you to a third-party service provider website where you need
  to finalise the purchase and such website terms and conditions will be additionally applicable. For example, if purchasing Content in the
  cadetship section of the Website, after clicking an ‘Add to cart’ or a ‘Buy Now’ link, the User will be transferred to a third-party EPIGNOSIS LLC
  website operated under the name Talent LMS where the User must finalise the purchase and where the respective courses are provided. In such a case
  the terms and conditions of Talent LMS will apply to the purchase agreement in addition to these Terms and Conditions. The terms and conditions of
  Talent LMS are available here
• 5.10. The Contract is effective, and the Content is accessible upon the receipt of the notification from the Company after the amount payable
  according to the confirmation of the order has been received by the Company.
• 5.11. The price of the Content and Products is indicated in Euros, including value added tax and other applicable taxes based on the applicable
  legislation. The Content and Products are sold at the price valid at the time of placing the order.
• 5.12. You can pay for the Content and Products via Stripe. You can pay with a gift card or a credit card by clicking on the corresponding payment
  option and by following the instructions displayed. The Company shall not process order confirmations that have not been paid for, the order will
  be on hold until payment is received. After the payment, the Company will send you an order confirmation and an invoice.

6. Access to the Content

• 6.1. The Content will be accessible on the Website under the Account upon the receipt of the notification from the Company after the amount
  payable has been received by the Company and/or as indicated on the Content’s site on the Website (e.g. from the time the online course starts).
  The User will be notified of the accessibility by using the contact data indicated upon placing the order. The Content would not be downloadable
  unless the Company has made this available for the specific Content.
• 6.2. Please make sure that the contact data entered when placing an order is correct in order to prevent delays and misunderstandings in the
  accessibility of the Content. The Company does not assume any liability for the misunderstandings if these have been caused by the inaccuracy or
  incorrectness of the data that you submitted during placing your order.
• 6.3. The User may only use the Content for their own personal learning and the User is not allowed to adapt it or distribute it to anybody else,
  unless otherwise stated.
• 6.4. The accessibility deadlines and terms specified with the Content and/or in the order process are implied and may change, for example, LMS
  courses are accessible for one (1) year period. The User acknowledges that in exceptional cases the accessibility of the Content may be delayed
  due to unforeseeable and circumstances beyond the control of the Company. In such a case, the Company will inform the User.

7. Access to Content provided by the Seller

• 7.1. The Content provided by the Seller will be accessible through the Seller’s website upon the receipt of the notification from the Company or
  the Seller after the amount payable has been received by the Company and/or as indicated on the Content’s site on the Website (e.g. from the time
  the online course starts). The User will be notified of the accessibility by using the contact data indicated upon placing the order.
• 7.2. Please make sure that the contact data entered when placing an order is correct in order to prevent delays and misunderstandings in the
  accessibility of the Content. The Company does not assume any liability for the misunderstandings if these have been caused by the inaccuracy or
  incorrectness of the data that you submitted during placing your order.
• 7.3. The Seller’s Content will be provided according to the terms and conditions of the Seller.

8. Delivery of the Products

• 8.1. The Products will be delivered to the delivery address and at the time frame entered by the User in their order. The User will be notified of
  the delivery by using the contact data indicated upon placing the order. The Products ordered will be transported to the User with due care.
• 8.2. The delivery times will be within the time provided during the order process. Delivery times will extend for items that are out of stock. The
  Products will be delivered only on Business Days between 10:00 and 22:00. The information about the delivery prices and other terms is available
  here.
• 8.3. Please make sure that the contact data entered when placing an order is correct in order to prevent delays and misunderstandings in the
  delivery of the Products. The Company, the Seller and a courier company do not assume any liability for the delayed delivery and misunderstandings
  if these have been caused by the inaccuracy or incorrectness of the data that you submitted during placing your order.
• 8.4. The Products shall only be handed over to the User after checking valid documents and against a delivery bill. Before signing the delivery
  bill, please check the packaging of the Products carefully and if the packaging has been damaged or does not contain the ordered Product, write a
  comment on the delivery bill. If the packaging has been damaged or contains an incorrect Product, you may refuse to accept the delivery and/or
  immediately inform the client service of the Company.
• 8.5. The Products shall be handed over to a third person if they have a letter of authorisation (including in the event that the User has
  indicated a third person in their order as the recipient of the Products). The Company and the Seller may authorise third persons (including use
  of a courier service) to deliver the Products.
• 8.6. The risk of accidental destruction of or damages to the Products will pass to the User from the moment the Products are handed over to the
  User or a third person authorised by the User.
• 8.7. The delivery deadlines specified with the Products and/or in the order process are implied and may change. The User acknowledges that in
  exceptional cases the delivery of the Product may be delayed due to unforeseeable circumstances beyond the control of the Company or the Seller.
  In such a case, the Company or the Seller will contact the User to agree on the new delivery.
• 8.8. If the User is not present or is not reachable at the delivery time, the Company or a courier company will try to agree on a new delivery
  time with the User.
• 8.9. If the User fails to collect the Products no later than within fourteen (14) days from the agreed date of receipt of the Products, it shall
  be deemed that the User has violated these Terms and Conditions and the User does not want the Products. The Company or the Seller has the right
  to unilaterally withdraw from the Contract and request compensation for the damage (e.g. costs of storage and delivery of the Products) and settle
  the damage incurred by the Company by the amount of money prepaid by the User.

9. User Content

• 9.1. User Content does not include Content or other materials made available on or placed on the Website by the Company or other course providers.
• 9.2. The User is responsible for making sure that the User Content the User posts does not infringe the copyright or other rights of third parties
  and the User may be liable to them and to the Company for any loss or damage that the third parties or the Company suffer for the User Content you
  published which infringes the rights of others.
• 9.3. The Company reserves the right to remove or modify User Content for any reason, including, but not limited to, User Content that violates
  these Terms and Conditions or policies.

10. Customer Service

If you wish to ask any question related to the Services or the Website, you can contact the Company by writing an e-mail to
support@ephermeris.academy.

11. Handling of Complaints

• 11.1. Complaints concerning the Content and Products purchased on the Website and/or the Service must be submitted in writing on the Website or to
  the email address: support@ephermeris.academy.
• 11.2. The Company will ensure that the Content and Products sold on the Website conform to the standards effective in the European Union. The
  circumstances highlighted in these standards shall not be deemed as defects of the Content or Product.
• 11.3. If the Products do not conform to these Terms and Conditions, the User may exercise the legal remedies provided for in law, including to
  request the repair or replacement of the Product or to withdraw from the Contract and to return the non-conforming Product.
• 11.4. If the Company or the manufacturer has granted warranty against defects to the Product, the warranty conditions in written form shall be
  delivered to the User along with the Products and/or shall be made electronically available on the Website.
• 11.5. The User, who is the Customer, is entitled to address to a competent supervisory authority, which is the Consumer Protection and Technical
  Regulatory Authority at Pronksi 12, 10117 Tallinn, e-mail: info@ttja.ee. In order to resolve disputes, the User may address the Consumer Disputes
  Committee. The Consumer Disputes Committee is authorised to resolve disputes arising from contracts entered into between the User and the Company
  that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at
  https://komisjon.ee/et/avalduse-esitamine.
• 11.6. In addition to the above, the Customer is entitled to turn to the European Union’s electronic ODR (Online Dispute Resolution) platform for
  resolving complaints against e-merchants. Further information is available at
  http://ec.europa.eu/odr.

12. Right of Withdrawal

• 12.1. The User, who is the Customer, has generally the right to withdraw from the Contract entered into on the Website without providing a reason
  within fourteen (14) days under certain conditions. For sake of clarity, such a right does not apply to the User, who is a legal person. After
  withdrawal, the User will not have access to the specific Content, which was discarded. Any other Content will remain accessible.
• 12.2. The Company does not handle the fulfilment of the Contract concluded with the Seller for the provision of Content, and is not liable for it.
  In such a case, the right of withdrawal will be applicable as specified in the terms and conditions of the Seller and the User must turn to the
  Seller.
• 12.3. The User has no right to withdraw from the Contract if:
  • 12.3.1. the User bought the Content or any other digital content from the Company and the delivery thereof has begun with the User’s prior
    express consent and the User acknowledged that the User thereby loses the right of withdrawal;
  • 12.3.2. the Product deteriorates or expires rapidly;
  • 12.3.3. the Products were delivered to the User in sealed packaging, are not suitable for returning due to health protection or hygiene
    reasons and were opened after delivery, i.e. the Product cannot be opened or have any marking that it may have been opened.
• 12.4. By accepting these Terms and Conditions User gives express consent that delivery of the Content or any other digital content by the Company
  has begun and the User acknowledges that the User does not have the right of withdrawal.
• 12.5. The term for withdrawal expires fourteen (14) days after the day when the User or a third person who is not a carrier and has been appointed
  by the User has physically obtained possession of the Products or fourteen (14) days from the day of entry into the Contract which object is the
  provision of a service or other continuous performance.
• 12.6. In order to exercise the right of withdrawal, the User must notify the Company of their decision to withdraw from the Contract in a written
  application and submit it on the Website or send it by e-mail.
• 12.7. Upon withdrawal from the Contract, the Company will reimburse to the User all the payments received from the User under these Terms and
  Conditions, including the delivery costs (apart from additional costs arising from the User’s preferred delivery method which differ from the
  cheapest and most common method of delivery offered by the Company), without delay, but no later than fourteen (14) days after the day on which
  the Company learned of the User’s decision to withdraw from the Contract.
• 12.8. The Company will refund the sums mentioned in Section 12.7 of these Terms and Conditions using the same payment method that the User used to
  make the payment unless the User proposes an alternative method of payment. Such refunds do not entail any additional service or other costs for
  the User.
• 12.9. The User must return the Products to the Company or respective third-party seller without delay, but no later than fourteen (14) days after
  they notified the Company of their withdrawal from the Contract. The deadline is met if the User returns the Products being the object of the
  Contract before the end of the 14-day period.
• 12.10. The Company has the right to refuse to provide any refunds until the Company or respective third-party seller has received the Products
  being the object of the Contract or the User has provided the Company with proof of having sent back the Products, whichever occurs first.
• 12.11. If the User wants to avoid compensating for the decrease in the value of the Products, the Products must be used and tried in the manner as
  it can be done in an ordinary store and the Products must be returned in their original packaging and in their entirety (all of the items included
  in the product packaging must be present along with any gifts related to the Contract). If the User uses the Products more than it is necessary in
  order to ascertain the nature and functioning of the Products or does not return the Products in their original packaging and in their initial
  full set, the User is responsible for the decrease in the value of the Products.
• 12.12. The Product can be returned via a carrier. Direct costs of returning the Products must be covered by the User.
• 12.13. If the condition of the Products that are to be returned has worsened, the User is responsible for the decrease in the value if they have
  used the Products for a purpose other than that necessary for ascertaining their nature, qualities and functioning. In order to ascertain the
  nature, qualities and functioning of the Products, the User may only handle and use the Products to the extent that is usually allowed in the
  store.
• 12.14. The Company has the right to submit claims arising from the decrease in the value of the Products against the User no later than within one
  (1) month of receiving the returned Products.
• 12.15. If the User has used or tried the Products being returned in any other manner than that usually permitted in a store or has used the
  Products more than it is necessary in order to ascertain the nature, qualities and functioning of the Products, the Purchaser is responsible for
  the decrease in the value of the Products and the Company has the right to deduct this amount from the purchase price subject to payment. If the
  User does not agree to the decrease in the value as indicated by the Company, the User has the right to address an independent expert in order to
  establish it. The costs of an independent expert shall be paid by the party whose position did not prove to be substantiated. If it is impossible
  to find out such a party, the costs related to the expert assessment shall be divided between the User and the Company in equal parts.

13. Term and Account Termination or Suspension

• 13.1. Either party may terminate these Terms and Conditions at any time for any reason by closing the Account or providing the other party a
  written notice 30 days in advance. You may close the Account on the Website at any time.
• 13.2. The Company has the right to cancel, suspend or restrict access to its Application or Services, and to take any other action it deems
  appropriate if the User does not meet the requirements referred to in these Terms and Conditions or stops fulfilling them. Under no circumstances
  will the Company be responsible for costs, losses or damages of any kind that the User or any third party may suffer as the result of such
  cancellation, suspension or restriction of access to the Application or the Services.
• 13.3. The rights and obligations of the Parties set forth in Section 16 (Intellectual Property) shall survive termination of these Terms and
  Conditions for any reason.

14. User’s Obligations

• 14.1. In connection with the use of the Services, you represent and warrant that you will provide the Company with true, accurate, current and
  complete identity information and, where requested, further documentation to verify your identity.
• 14.2. When using the Services, you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations in force in
  any relevant jurisdiction. If you use the Services in connection with illegal activity, the Company will report you to the appropriate legal
  and/or regulatory authorities.
• 14.3. When using the Services, you will not:
  • 14.3.1. provide false, inaccurate, or misleading information;
  • 14.3.2. refuse to provide confirmation of any information you provide to us (including proof of identity) or refuse to co-operate in any
    investigation;
  • 14.3.3. breach or attempt to breach the security of the Application, including but not limited to modifying or attempting to modify any
    information, unauthorised data access or deletion, interfering with the Services, system, host or network, spamming, hacking, falsifying data,
    introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines in any way; or
  • 14.3.4. use the Application and Services in any way unlawfully or fraudulently; or
  • 14.3.5. cheat on any assignment or exam relating to the Service, nor share solutions to homework assignments or exams.
• 14.4. The User must notify the Company of the relevant Content immediately if the User becomes aware of any other User cheating or breaching these
  Terms and Conditions.
• 14.5. The User is solely responsible for the safekeeping of their Account information. The User is responsible for all activities under their
  log-in e-mail and Account. The User agrees to notify the Company immediately if they are aware of any unauthorised use of their Account and will
  strictly observe the security, authentication, and any other mechanism or procedures established on the Application or requested by the Company.

15. Exclusion of Liability

• 15.1. Provision of the Application under these Terms and Conditions shall not create any obligation for the Company to continue to develop,
  productize, support, repair, offer for sale or in any other way continue to develop the Application to the User or any other party. The Company is
  under no obligation to provide technical support under these Terms and Conditions.
• 15.2. The Company shall not be liable to the User for:
  • 15.2.1. any failure to fulfil your instructions as a result of circumstances which could reasonably be considered to be outside our control;
  • 15.2.2. malfunctions in communications facilities which cannot reasonably be considered to be under our control;
  • 15.2.3. any losses or delays in the performance of the Services arising out of the use of any internet services provider, or caused by any
    browser or other software which is not under our control;
  • 15.2.4. errors on the Application or with the Services caused by incomplete or incorrect information provided to us by you or a third party;
    or
  • 15.2.5. any failures or acts of the Seller; or
  • 15.2.6. any content, damages, losses, or practises of any third-party website or services that the website links to.
• 15.3. The Company is not obligated to reimburse the Content offered by the Seller, including, but not limited to if the Content is not provided,
  the course is postponed, the place of a course is changed, or the Content is replaced by another Content. The Seller will reimburse the Content
  unless otherwise stated.
• 15.4. If the Company becomes liable for the mediation of the Contract between the Seller and User based on applicable laws, the Company´s
  liability is, in any case, limited to the price of the Content paid by the User.
• 15.5. Subject to these Terms and Conditions, the Company agrees to provide the Services to you using reasonable care. The Services and Content are
  provided on the principle “as is” and “as available” and with all faults and defects without warranty of any kind. The Company does not guarantee
  that the Application, Services, or any content on it, will always be available or be uninterrupted or be error free. The Company will not be
  liable to you if for any reason the Application or the Services are unavailable at any time due to a Force Majeure Event.
• 15.6. The Company shall have no responsibility for any fees or charges you may incur by the use of a particular payment instrument in connection
  with the Services. These may include but are not limited to unauthorised or authorised overdraft fees imposed by banks.
• 15.7. Any claim for compensation made by you must be notified to us and supported by the relevant documentation.
• 15.8. If the Application contains links to a third-party website, the Company does not guarantee that the information displayed on these websites
  is correct, complete, or accurate. The Company is not obligated and will not control the information of these websites. The owners of these
  third-party websites will be liable for the content of these websites.
• 15.9. The Company has no obligation to maintain your Account username or password. The Company will not be liable if you misplace, forget, or lose
  your Account username or password because of anything other than the Company’s negligence.

16. Intellectual Property

• 16.1. The Application and Services and all intellectual property relating to and contained in them (including but not limited to, copyright,
  patents, database rights and trademarks) are owned by or licensed to the Company. All right, title and interest in and to the Application and the
  Services shall remain the property of the Company.
• 16.2. The Application and Services may be used, accessed, downloaded or installed, and operated only for the purposes permitted by these Terms and
  Conditions. The company grants the User a personal, non-exclusive, non-transferable, revocable license to use the Application. The User may not
  duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute
  or exploit the Application or Services without the Company’s express written permission.
• 16.3. The User retains all intellectual property rights in, and is responsible for, the User Content created and shared. To the extent that User
  provides User Content, User grants immediately and fully automatically the Company a transferable, royalty-free, perpetual, worldwide, and
  sub-licensable license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the
  User Content for any purposes associated with the provision of the Services or the Application in the maximum amount their licensing is possible
  under the applicable law.
• 16.4. The Company reserves the right to remove or modify User Content for any reason, including, but not limited to, User Content that violates
  these Terms and Conditions.

17. Processing of Personal Data

• 8.1. The User’s personal data related to and under these Terms and Conditions will be processed in accordance with Regulation (EU) 2016/679 of the
  European Parliament and of the Council (General Data Protection Regulation) and the Company’s Privacy Notice. Detailed information regarding the
  processing of personal data by the Company and information about data subjects’ rights and implementation of them can be obtained from Privacy
  Notice available on the Website here .

18. Applicable Law and Jurisdiction

• 18.1. The law of the Republic of Estonia shall apply to these Terms and Conditions.
• 18.2. All disputes arising from these Terms and Conditions shall be settled by negotiations between the parties. If the dispute is not settled by
  negotiations within a reasonable timeframe, it is to be referred to the Harju Country Court, Tallinn, Estonia.

19. Miscellaneous

• 19.1. If the Terms and Conditions conflict with the information provided on the Application or any other document, the Terms and Conditions will
  prevail.
• 19.2. Materials and other content published on the Application or elsewhere are not binding and do not unless explicitly referred to herein, form
  part of these Terms and Conditions, and are of descriptive nature only.
• 19.3. These Terms and Conditions and the rights and obligations arising from it cannot be assigned nor transferred to any third party by the User
  without a prior written agreement of the Parties.
• 19.4. If any provision of these Terms and Conditions is or becomes illegal or unenforceable under a relevant jurisdiction, in whole or in part,
  such a provision will be deemed ineffective from these Terms and Conditions without affecting the remaining provisions, which will continue in
  full force and effect.