TERMS AND CONDITIONS OF SERVICE

Welcome to the website of SC BRAINCAP S.R.L., a company incorporated and registered in Romania with its registered office at Bucharest, Bd. Dimitrie Pompeiu no. 5-7, Hermes Campus 1, building B, 2nd floor, room 221, sector 2, company registration number J40/11790/2008, VAT number RO24163684, contact email: support@braincap.ro (hereinafter referred to as "Company", "Service Provider", "we", "us", or "our").

These Terms and Conditions govern your use of our website and services. By accessing or using our services, you (hereinafter referred to as "User", "Customer", "Client", "you", or "your") agree to be bound by these Terms and Conditions. Please read them carefully before using our services.

Background

• The Company provides VPS (Virtual Private Server) hosting services, dedicated server rental services, server colocation services, IT consulting and support services, server administration services, and IT equipment sales through its website accessible at www.braincap.ro and other related services as may be offered from time to time.
• These Terms and Conditions govern the provision of all services, products, and digital content made available by the Company to users within the European Union and establish the legal relationship between the parties.
• The Company operates in compliance with applicable European Union legislation, including but not limited to the General Data Protection Regulation (EU) 2016/679, the Digital Services Act (EU) 2022/2065, and consumer protection directives as implemented in relevant Member States.
• These Terms and Conditions apply to all users accessing or using the Company's services, whether as registered users, subscribers, or visitors, and supersede any previous agreements or understandings between the parties relating to the subject matter hereof.
• The Company reserves the right to modify, update, or discontinue services and to amend these Terms and Conditions in accordance with the provisions set forth herein and applicable EU law.
• By accessing or using the Company's services, users acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions and any additional terms that may apply to specific services or features.

Definitions

• Account means the user profile created by registering with the Service Provider, including all associated data, preferences, and access credentials.
• Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement.
• Agreement or Terms means these Terms and Conditions as amended, modified, or supplemented from time to time in accordance with the provisions herein.
• Applicable Law means all applicable laws, regulations, directives, and legally binding requirements of the European Union and its Member States, including but not limited to consumer protection laws, data protection regulations, and digital services legislation.
• Content means any text, graphics, images, music, software, audio, video, works of authorship, applications, or other materials that appear on or form part of the Services.
• Data Controller has the meaning given to it in the GDPR.
• Data Processor has the meaning given to it in the GDPR.
• Data Subject has the meaning given to it in the GDPR.
• Effective Date means the date on which the User first accepts these Terms or the date of order confirmation by SC BRAINCAP S.R.L., whichever is later.
• Force Majeure Event means any event or circumstance beyond the reasonable control of a party, including but not limited to acts of God, natural disasters, war, terrorism, governmental actions, pandemics, strikes, or technical failures of third-party systems.
• GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
• Intellectual Property Rights means all intellectual property rights worldwide, including but not limited to copyrights, trademarks, service marks, trade names, patents, trade secrets, database rights, design rights, and moral rights.
• Member State means a member state of the European Union.
• Personal Data has the meaning given to it in the GDPR.
• Platform means the website, mobile application, software, or digital platform through which the Services are provided, accessible at www.braincap.ro.
• Privacy Policy means the Company's privacy policy as published on the Platform and updated from time to time.
• Processing has the meaning given to it in the GDPR.
• Services means all products, services, features, content, applications, or functionality provided by the Company through the Platform or otherwise made available to Users.
• Third Party means any person or entity other than the Company and the User.
• User Content means any content, data, information, or materials uploaded, submitted, posted, or transmitted by Users through or in connection with the Services.
• User Data means any personal data, information, or content relating to or provided by Users in connection with their use of the Services.
• Working Day means any day other than Saturday, Sunday, or a public holiday in Romania.

Acceptance of Terms

By accessing, browsing, or using the Platform or Services, Users automatically agree to be bound by these Terms and all applicable policies referenced herein.

Users may accept these Terms through any of the following methods:

• Creating a User Account and completing the registration process;
• Clicking "Accept," "Agree," or similar confirmation buttons during the registration or service access process;
• Continuing to use the Services after being notified of changes to these Terms;
• Making a purchase or payment for Services offered by the Company.

Users who do not agree to these Terms must immediately cease all use of the Platform and Services.

The Company reserves the right to modify these Terms at any time by providing at least thirty (30) days' prior written notice to Users through:

• Email notification to the address associated with the User's Account;
• Prominent notice on the Platform;
• In-platform notification upon User login.

Modified Terms shall become effective thirty (30) days after notice is provided, unless Users object in writing within such period.

Users who continue to use the Services after modified Terms become effective are deemed to have accepted such modifications.

If Users object to modified Terms, they may terminate their Account in accordance with Section 12, and the previous version of Terms shall govern until termination is complete.

Users must have legal capacity to enter into binding agreements under Applicable Law and must be at least sixteen (16) years of age to accept these Terms.

Users under eighteen (18) years of age must obtain parental or guardian consent before accepting these Terms, where required by Applicable Law.

Services Description

Service Provision: The Company provides IT infrastructure and hosting services through the Platform, including but not limited to VPS hosting, dedicated server rental, server colocation, IT consulting and support, server administration, and IT equipment sales.

Service Categories: The Services may include:

• Basic hosting and server information services available to all registered users without charge;
• VPS hosting, dedicated server rental, server colocation, IT consulting, and server administration services available to users upon payment of applicable fees;
• IT equipment sales and additional technical support services that may be offered separately or as add-ons to existing service tiers.

Platform Access: Users may access the Services through:

• Web-based interface at www.braincap.ro;
• Mobile applications available through authorized app stores;
• Application Programming Interface (API) where available and authorized.

Service Availability: Services are provided on a continuous basis, subject to planned maintenance, technical issues, and circumstances beyond the Company's reasonable control.

Service Modifications: The Company reserves the right to:

• Modify, enhance, or discontinue any aspect of the Services with thirty (30) days' advance notice to users;
• Add new features or functionalities to existing Services;
• Remove or replace features that are no longer supported or commercially viable.

Geographic Scope: The Services are primarily intended for users located within the European Union and may not be available or suitable for use in other jurisdictions.

Technical Requirements: Users are responsible for maintaining compatible hardware, software, and internet connectivity necessary to access and use the Services as specified in the Company's technical documentation.

User Accounts and Registration

Account Creation

• To access certain Services, Users must create an Account by providing accurate, complete, and current registration information as prompted by the registration process.
• Users must be at least 18 years of age or have reached the age of majority in their Member State of residence to create an Account.
• Users under the required age may only create an Account with verifiable parental or guardian consent in accordance with Applicable Law.

Account Information and Security

• Users are responsible for maintaining the confidentiality of their Account credentials, including username and password.
• Users must immediately notify the Company of any unauthorized use of their Account or any other breach of security.

• Users are fully responsible for all activities that occur under their Account, whether or not authorized.

• The Company may require Users to update their Account information to maintain accuracy and compliance with these Terms.

Account Verification

• The Company may require verification of Account information, including email address verification or additional identity verification measures.
• Users must provide requested verification documentation within reasonable timeframes specified by the Company.
• The Company reserves the right to suspend or restrict Account access pending completion of verification procedures.

Account Suspension and Termination

• The Company may suspend, restrict, or terminate Accounts that violate these Terms, engage in fraudulent activity, or pose security risks to the Platform or other Users.
• Users may deactivate their Account at any time through the Account settings or by contacting the Company directly.
• Upon Account termination, the Company will process Personal Data in accordance with the Privacy Policy and Applicable Law, including GDPR requirements for data retention and deletion.

Account Limitations

• Users may only maintain one Account unless expressly authorized by the Company.
• Accounts are non-transferable and may not be sold, assigned, or otherwise transferred to third parties.

User Obligations and Prohibited Conduct

General User Obligations

• Users must provide accurate, current, and complete information when creating accounts or using the Services and promptly update such information to maintain its accuracy.
• Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their Account.
• Users must comply with all Applicable Law when using the Services, including but not limited to EU consumer protection legislation and data protection requirements.
• Users must not attempt to gain unauthorized access to any part of the Services, other user accounts, or computer systems or networks connected to the Services.

Prohibited Activities

• Users must not use the Services to transmit, distribute, or store Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Users must not engage in activities that infringe upon Intellectual Property Rights of the Company or any Third Party.
• Users must not use the Services to distribute malware, viruses, or other harmful computer code or to conduct any activity that disrupts or interferes with the Services.
• Users must not engage in spamming, phishing, or other fraudulent activities through the Services.
• Users must not use automated systems, including bots or scrapers, to access the Services without express written permission from the Company.

Content Standards

• All User Content must comply with applicable content standards and community guidelines as published by the Company from time to time.
• Users must not upload or share Content that violates the privacy rights of others or contains Personal Data of Third Parties without appropriate consent.

Commercial Use Restrictions

• Users must not use the Services for commercial purposes unless expressly permitted under a separate commercial agreement with the Company.
• Users must not resell, redistribute, or provide access to the Services to Third Parties without prior written authorization from the Company.

Compliance Monitoring

• The Company reserves the right to monitor user activities and Content for compliance with these Terms and Applicable Law.
• Users acknowledge that the Company may remove or disable access to Content or suspend or terminate Accounts that violate these obligations without prior notice.

Reporting Violations

• Users are encouraged to report suspected violations of these Terms or illegal activities to the Company through designated reporting mechanisms.
• The Company will investigate reported violations in accordance with its internal procedures and Applicable Law, including EU Digital Services Act requirements where applicable.

Intellectual Property Rights

Company Intellectual Property Rights

• All Intellectual Property Rights in the Platform, Services, and any content, materials, software, documentation, designs, graphics, logos, trademarks, and other proprietary information provided by the Company remain the exclusive property of the Company or its licensors.
• Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose in accordance with these Terms.
• Users may not copy, modify, distribute, reverse engineer, decompile, or create derivative works based on the Company's Intellectual Property Rights without prior written consent.

User Content

• Users retain ownership of any Intellectual Property Rights in content they create, upload, or submit to the Platform ("User Content").
• By submitting User Content, users grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Services.
• Users represent and warrant that they own or have obtained all necessary rights to grant the license set forth in clause 6.2.2 and that their User Content does not infringe any Third Party Intellectual Property Rights.

Third Party Content

• The Services may include content owned by Third Parties, which remains subject to the respective owners' Intellectual Property Rights.
• Users acknowledge that any Third Party content is provided under separate license terms and the Company makes no representations regarding such content.

Copyright Infringement

• The Company respects Intellectual Property Rights and expects users to do the same.
• Users who believe their copyrighted work has been infringed may notify the Company in writing, providing sufficient detail to identify the allegedly infringing content and the basis for the claim.
• The Company reserves the right to remove allegedly infringing content and terminate accounts of repeat infringers in accordance with Applicable Law.

Trademark Usage

• Company trademarks, service marks, and logos may not be used without the Company's prior written permission.
• Any authorized use of Company trademarks must comply with the Company's trademark guidelines as may be published from time to time.

Privacy and Data Protection

Data Controller and Processor Roles

• The Company acts as Data Controller for Personal Data collected directly from users in connection with the provision of Services.
• Where the Company processes Personal Data on behalf of users, the Company acts as Data Processor and users act as Data Controllers, subject to separate data processing agreements.

Lawful Basis for Processing

• The Company processes Personal Data based on one or more of the following lawful bases under Article 6 GDPR: performance of contract, legitimate interests, legal compliance, consent, or protection of vital interests.
• For special categories of Personal Data under Article 9 GDPR, the Company will obtain explicit consent or rely on other permitted exceptions as specified in the Privacy Policy.

Data Collection and Categories

• The Company collects Personal Data directly from users, automatically through Platform usage, and from third parties as detailed in the Privacy Policy.
• Categories of Personal Data processed include identification data, contact information, usage data, device information, and any User Content containing Personal Data.

Purposes of Processing

• Personal Data is processed for service provision, account management, customer support, legal compliance, security, fraud prevention, and service improvement.
• Marketing communications require separate consent and users may withdraw such consent at any time.

Data Retention

• Personal Data is retained only for as long as necessary to fulfill the purposes for which it was collected or as required by Applicable Law.
• Specific retention periods for different categories of Personal Data are set out in the Privacy Policy.

Data Subject Rights

• Users have the right to access, rectify, erase, restrict processing, object to processing, and data portability regarding their Personal Data as provided under GDPR.
• Requests to exercise these rights must be submitted through the contact methods specified in the Privacy Policy and will be responded to within one month.
• Users have the right to lodge complaints with the relevant supervisory authority in their Member State.

International Transfers

• Personal Data may be transferred to countries outside the European Economic Area only where adequate protection is ensured through adequacy decisions, appropriate safeguards, or other legally permitted mechanisms.
• Details of international transfers and safeguards are provided in the Privacy Policy.

Data Security

• The Company implements appropriate technical and organizational measures to protect Personal Data against unauthorized access, alteration, disclosure, or destruction.
• Users must maintain the confidentiality of their Account credentials and notify the Company immediately of any suspected security breaches.

Privacy Policy

• The Company's Privacy Policy forms an integral part of this Agreement and contains detailed information about data processing practices.
• The Privacy Policy may be updated from time to time with notice to users as required by Applicable Law.

Data Breach Notification

• The Company will notify relevant supervisory authorities of personal data breaches within 72 hours of becoming aware, where required by GDPR.
• Users will be informed of high-risk data breaches affecting their Personal Data without undue delay.

Payment Terms and Pricing

Fees and Charges

• All fees and charges for the Services are set out in the Company's current pricing schedule available on the Platform or as otherwise communicated to Users.
• All fees are stated exclusive of applicable taxes, duties, or levies imposed by competent authorities, which shall be added to invoices where applicable.
• The Company reserves the right to modify its fees and pricing structure upon thirty (30) days' prior written notice to Users.

Payment Methods

• Payment may be made by credit card, debit card, bank transfer, or such other payment methods as the Company may accept from time to time.
• Users must provide accurate and complete payment information and promptly update such information if it changes.
• By providing payment information, Users authorize the Company to charge the applicable fees to the designated payment method.

Billing Cycles

• Fees for subscription services are charged in advance on a monthly or annual basis as selected by the User.
• Billing cycles commence on the date of first payment and renew automatically unless terminated in accordance with these Terms.
• One-time fees for products or services are due immediately upon purchase or order confirmation.

Payment Due Dates and Late Payment

• All invoices are due and payable within fourteen (14) days of the invoice date unless otherwise specified.
• The Company may suspend or terminate access to Services if payment becomes overdue by more than thirty (30) days.
• Late payment charges may apply in accordance with applicable Member State legislation on commercial transactions.

Refunds and Cancellations

• Users may cancel subscription services at any time, with cancellation taking effect at the end of the current billing period.
• Refunds for digital content or services may be provided in accordance with the User's statutory rights under applicable EU consumer protection legislation.
• Refund requests must be submitted through the Platform or by contacting customer support within the timeframes specified by applicable law.
• Processing of approved refunds will be completed within fourteen (14) days using the same payment method originally used for the transaction.

Service Availability and Modifications

The Company shall use commercially reasonable efforts to ensure the Services are available twenty-four (24) hours a day, seven (7) days a week, subject to the provisions of this section.

The Company does not guarantee uninterrupted or error-free operation of the Services and excludes liability for any downtime, interruptions, or performance issues except as expressly provided in these Terms or required by Applicable Law.

Scheduled Maintenance

• The Company may perform scheduled maintenance on the Platform during maintenance windows, which shall ordinarily occur outside standard business hours (09:00 to 17:00 CET/CEST).
• Where reasonably practicable, the Company shall provide Users with at least forty-eight (48) hours advance notice of scheduled maintenance that may materially affect Service availability.
• Emergency maintenance may be performed without prior notice where necessary to maintain security, stability, or legal compliance of the Services.

Service Modifications

• The Company reserves the right to modify, update, enhance, or discontinue any aspect of the Services at any time in its sole discretion.
• Material modifications to the Services that substantially reduce functionality or adversely affect Users shall be communicated with reasonable advance notice of not less than thirty (30) days.
• The Company may immediately modify or suspend Services where required for security reasons, legal compliance, or to prevent harm to the Platform or other Users.

Service Discontinuation

• The Company may discontinue the Services or any part thereof by providing Users with ninety (90) days written notice.
• Upon discontinuation, Users shall have a reasonable period to export or retrieve their User Data, subject to technical feasibility and applicable data retention requirements.

Users acknowledge that the Services depend on third-party infrastructure and services beyond the Company's direct control, and the Company shall not be liable for interruptions caused by such third parties.

Limitation of Liability

Total Liability Cap.

The Company's total aggregate liability to any User for all claims arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the User to the Company in the twelve (12) months preceding the event giving rise to the claim.

Exclusion of Consequential Damages.

To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of use, loss of goodwill, or business interruption, regardless of the theory of liability and whether or not the Company has been advised of the possibility of such damages.

Service Availability.

The Company does not warrant that the Services will be uninterrupted, error-free, or completely secure. The Company shall not be liable for any damages arising from service interruptions, technical failures, or temporary unavailability of the Platform.

Third Party Content and Services.

The Company shall not be liable for any damages arising from third-party content, services, or websites accessible through the Platform, including but not limited to the accuracy, reliability, or legality of such content or services.

User Content and Conduct. The Company shall not be liable for any damages arising from User Content or the conduct of other Users, including but not limited to defamatory, offensive, or illegal content or behavior.

Statutory Rights Preserved. Nothing in this Section 10 shall exclude or limit the Company's liability for:

• death or personal injury caused by the Company's negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot be excluded or limited under Applicable Law;
• breaches of statutory rights under consumer protection legislation where the User is a consumer within the meaning of EU consumer protection directives.

Time Limitation. Any claim against the Company must be commenced within twelve (12) months after the cause of action arises, except where a longer period is required by Applicable Law.

Indemnification

User Indemnification Obligation

The User agrees to defend, indemnify, and hold harmless the Company, its Affiliates, directors, officers, employees, agents, and representatives from and against any and all third-party claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable legal fees and court costs) arising out of or relating to:

• the User's use or misuse of the Services or Platform;
• the User's violation of these Terms or any Applicable Law;
• any User Content submitted, posted, or transmitted through the Services;
• the User's infringement or alleged infringement of any Intellectual Property Rights or other rights of third parties;
• any breach of the User's representations, warranties, or obligations under this Agreement;
• any negligent acts, omissions, or willful misconduct by the User in connection with the Services.

Procedure for Indemnification Claims

The Company shall promptly notify the User in writing of any third-party claim for which indemnification may be sought under this section, provided that failure to give such notice shall not relieve the User of indemnification obligations except to the extent the User is materially prejudiced thereby.

Control of Defense

The User shall have the right to control the defense and settlement of any indemnified claim, provided that the User shall not settle any claim that imposes obligations on the Company or admits liability on behalf of the Company without the Company's prior written consent.

Cooperation

The Company agrees to provide reasonable cooperation to the User in the defense of any indemnified claim, at the User's expense.

Limitation of User Indemnification

Notwithstanding the foregoing, the User's indemnification obligations under this section shall not apply to the extent that any claim arises from the Company's gross negligence, willful misconduct, or breach of this Agreement.

Termination

Termination by User. Users may terminate their Account at any time by providing written notice to the Company or by using the account deletion functionality available on the Platform.

Termination by Company. The Company may terminate or suspend a User's Account immediately upon written notice if the User:

• materially breaches these Terms and fails to remedy such breach within seven (7) Working Days of receiving written notice;
• repeatedly violates the acceptable use provisions set forth in Section 5;
• engages in fraudulent, illegal, or harmful activities in connection with the Services;
• fails to pay applicable fees when due, where payment obligations exist; or
• becomes insolvent or subject to insolvency proceedings.

Termination Without Cause. Either party may terminate this Agreement without cause by providing thirty (30) days' written notice to the other party.

• the User's right to access and use the Services shall cease immediately;
• the Company shall cease providing Services to the User;
• all User Data may be permanently deleted after a retention period of ninety (90) days, unless longer retention is required by Applicable Law or for legitimate business purposes;
• the User remains liable for all fees and charges incurred prior to termination;
• provisions relating to intellectual property, limitation of liability, indemnification, and dispute resolution shall survive termination.

Data Export. Prior to Account termination, Users may request export of their User Data in a commonly used, machine-readable format, subject to technical feasibility and Applicable Law.

Refunds. Upon termination, the Company shall provide pro-rata refunds for prepaid fees covering periods after the effective termination date, except where termination results from User's material breach.

Dispute Resolution

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

Informal Resolution. Prior to initiating formal proceedings, the parties agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good faith negotiations for a period of thirty (30) days following written notice of the dispute.

Mediation. If the dispute cannot be resolved through informal negotiations, the parties agree to submit the matter to mediation administered by a mutually agreed mediator in accordance with applicable Romanian mediation rules then in effect.

Jurisdiction and Venue. Subject to the mandatory consumer protection provisions under EU law, any legal proceedings arising from or relating to this Agreement shall be brought exclusively in the competent courts of Bucharest, Romania, and the parties hereby consent to the personal jurisdiction of such courts.

Consumer Rights. Nothing in this clause shall prejudice the statutory rights of consumers under applicable EU consumer protection legislation, including the right to bring proceedings in the courts of the Member State where the consumer is domiciled.

Online Dispute Resolution. For disputes arising from online transactions, Users may access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/, particularly where the User is a consumer resident in the EU.

Class Action Waiver. To the extent permitted by Applicable Law, each party waives any right to pursue disputes on a class-wide basis, that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else.

Language. All dispute resolution proceedings shall be conducted in Romanian or English, unless otherwise agreed by the parties or required by Applicable Law.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this Agreement which is due to a Force Majeure Event. 

For the purposes of this Agreement, a Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:

• acts of God, flood, drought, earthquake or other natural disaster;
• epidemic or pandemic;

• terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

• nuclear, chemical or biological contamination or sonic boom;
• any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
• collapse of buildings, fire, explosion or accident;
• any labour or trade dispute, strikes, industrial action or lockouts;
• non-performance by suppliers or subcontractors; and
• interruption or failure of utility service including but not limited to electric power, gas or water.

The affected party shall:

• as soon as reasonably practicable after the start of the Force Majeure Event , notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement; 
• and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If the Force Majeure Event prevents a party from providing or using the Services for more than eight weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving fourteen days' written notice to the affected party.

General Provisions

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect to the maximum extent permitted by Applicable Law.

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.

Amendments

• The Company may amend these Terms at any time by posting the revised terms on the Platform with an updated effective date.
• Material changes to these Terms shall be notified to users via email or prominent notice on the Platform at least thirty (30) days prior to the effective date of such changes.
• Continued use of the Services after the effective date of any amendments constitutes acceptance of the revised Terms.

Assignment

The Company may assign or transfer these Terms or any rights or obligations hereunder without prior notice. Users may not assign or transfer their rights or obligations under these Terms without the Company's prior written consent.

Waiver

No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided.

Headings

The headings and subheadings in these Terms are for convenience only and shall not affect the interpretation of any provision.

Language

These Terms are drafted in English. In case of any translation, the English version shall prevail in case of discrepancy.

Survival

Provisions which by their nature should survive termination of these Terms shall survive, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution clauses.

Third Party Rights

These Terms do not confer any rights upon any person or entity other than the parties hereto and their permitted successors and assigns.

Electronic Communications

Users consent to receive communications from the Company electronically, and agree that all agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.

Acceptance of Terms: By clicking "I Agree," "Accept," or similar confirmation button, by creating an account, by making a purchase, or by continuing to use our Services after these Terms become effective, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not use our website or services. These Terms were last updated on 28 February 2026.