GENERAL TERMS OF SERVICE OF ZEBRASIGN PLATFORM 

  1. GENERAL PROVISIONS
    1. These General Terms of Service of Zebrasign Platform (hereinafter the ‘Terms of Service’) set out the terms and conditions of the Services provided on the Platform.
    2. The Services are provided and the Platform is administered by (hereinafter the ‘Platform Administrator’ or the ‘Company’):
      Name Zebracloud, AB
      Legal person
      number      		305694624
      Address Verkių g. 34-2, LT-08221 Vilnius, Lietuva
      Email info@zebrasign.com
      Phone +370 619 61444
    3. Users express their consent with the Terms of Service and their commitment to comply with them by using the Platform in any manner or form. Individuals who do not agree with at least one provision of the Terms of Service shall not have the right to use the Platform and Services. Users who have created an Account confirm their consent with the Terms of Service at the time of registration and when ordering Paid Services.
    4. By using the Platform and the Services provided thereon or by accepting the Terms of Service, the User confirms and warrants to the Platform Administrator that the User:
      1. undertakes to comply with and agrees to be bound by these Terms of Service and the Personal Data Processing Agreement, which shall be an integral part of these Terms of Service,
      2. has familiarized with the Platform’s Privacy Policy,
      3. has the right and appropriate authority to assume the obligations set out in these Terms of Service,
      4. in the event where the User enters into a contractual relationship on the basis of these Terms of Service on behalf of a legal person, the User has performed all actions necessary for the proper conclusion of the agreement, the validity of the relevant obligations and the performance thereof, and does not require any permission or consent other than those already obtained,
      5. entered into a contractual relationship on the basis of these Terms of Service without infringing or purporting to infringe the Applicable Legislation.
  2. DEFINITIONS
    1. The following capitalised terms used in these Terms of Service shall have the following meanings:
      Apple The www.apple.com platform and related applications operated by the Apple group of companies, including Apple Inc.
      GDPR Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
      Business Day Any day of the week Monday through Friday inclusive, excluding Saturdays, Sundays and public holidays in accordance with the Applicable Legislation.
      Facebook The www.facebook.com platform operated by the Meta group of companies, including Meta Platforms, Inc. and Meta Platforms Ireland Limited.
      Google The www.google.com platform together with related websites, such as www.youtube.com, operated by the Google group of companies, including Alphabet Inc., Google LLC and Google Ireland Limited.
      Intellectual Property Intellectual property, i.e. patents, utility models, rights to inventions, copyright and related rights, non-property rights, trademarks and service marks, business names, business goodwill and the right to bring an action for passing-off or unfair competition, design rights, rights to databases, rights to use and protect confidential information (including know-how and trade secrets), image rights and similar rights, and all other intellectual property rights, both registered and unregistered, including all applications and rights to file and grant applications, renewal or extension of such rights, and the right to claim priority and all similar or equivalent rights or forms of remedies that exist or will exist now or in the future in any part of the world.
      Website Company’s website www.zebrasign.com
      Trial Period The trial period referred to in Clause 8.12 of these Terms of Service during which Users can test the abilities offered by the paid Plans free of charge.
      Commercial User A natural or legal person or other organisation, or a unit thereof, that uses the Platform for the purposes of its trade, business, craft or profession, including persons acting on behalf or for the benefit of the Commercial User.
      Mobile Apps The Company mobile apps Zebrasign Signature Pad and Zebrasign Mobile jointly.
      Paid Services Services provided on the Platform for remuneration.
      Payment Service Provider The provider of payment services chosen by the Company and entitled to provide payment services in the Republic of Lithuania.
      User Any natural or legal person using the Platform and/or the Company Services, regardless of whether such person has created an Account.
      User Content Any data, documents or other information that the User will upload to the Platform through the use of Services (for example, documents uploaded by the User and content thereof).
      Additional Services The additional services specified in Clause 5.1 of these Terms of Service, which are not included in the Plans and which may be additionally purchased by the User in accordance with the procedure laid down in these Terms of Service.
      Account The User’s account on the Platform that the User creates in order to use the Company Services provided on the Platform.
      Services All services provided by the Company on the Platform and described in more detail in these Terms of Service and in the specifications of individual services provided on the Website, including:
      ✷ signing of documents,
      ✷ storage of documents,
      ✷ creation of documents,
      ✷ management of documents,
      ✷ creation of document templates,
      ✷ Additional services.
      The scope of services provided to a particular User depends on the User’s preferences, for example, the selected Plan and ordered Additional Services.
      Plan The Service Plan offered by the Company, which provides the User with access to the respective package of Platform options and functionalities. Each User who has created an Account has access to a free of charge Plan.
      Platform Zebrasign platform operated by the Company, which consists of:
      ✷ Website,
      ✷ Mobile Apps, and,
      ✷ Software.
      Platform’s Privacy Policy A document setting out the principles and conditions for the processing of personal data that apply to the Users. Users can familiarize with the Platform’s Privacy Policy here.
      Software or Zebrasign Printer The Company software Zebrasign Printer that the User may install on his or her computer in accordance with the procedure laid down in these Terms of Service.
      Consumer A natural person who uses the Platform for purposes unrelated to his or her business, trade, craft or profession (consumption purposes) or for dual-use purposes, i.e. for consumption and business purposes, but taking into account all relevant circumstances, business purposes do not prevail.
      Applicable Legislation Legislation applicable in the Republic of Lithuania which is currently in force or may be amended, supplemented or enter into force in the future.
      Zebrasign Mobile The Company’s mobile app Zebrasign Mobile.
      Zebrasign Signature Pad The Company’s mobile app Zebrasign Signature Pad.
    2. In these Terms of Service, except where the context requires otherwise, words referring to the singular shall include the plural and vice versa, and words referring to persons shall also include legal persons. Accordingly, words defined as masculine may, where the context requires, include feminine and vice versa.
  3. USER ACCOUNTS
    1. In order to use the Platform Services, except for simple navigation on the Platform (for example, to view information about the activities of the Company and the offered Services) or signing of documents with a qualified electronic signature after receiving an invitation from the User who created an Account, the User must create an Account. The User can create an Account:
      1. by entering his or her name, surname, company name (in the case of a Commercial User), email address and preferred password in the section of the Website called “Register”. The User who has chosen this method must activate the Account by clicking on the link in the email that will be sent to the email address specified in the Account, or
      2. through the use of accounts on the platforms of third parties, i.e. Apple, Facebook and Google, and by providing the Platform with access to the data of these third party accounts (account IDs, name, surname and email address specified therein).
    2. The Platform is not intended for persons under the age of 18. Parents or guardians of a person under the age of 18 have the right to create an Account and accept these Terms of Service on behalf of the person under the age of 18. In this case, the parents or guardians of the person under the age of 18 The Platform is not intended for persons under the age of 18. Parents or guardians of a person under the age of 18 have the right to create an Account and accept these Terms of Service on behalf of the person under the age of 18. In this case, the parents or guardians of the person under the age of 18
    3. When registering an Account, the User must indicate whether he or she will use the Platform Services as a Consumer (personal account) or as a Commercial User. The User is responsible for the correctness of the provided data.
    4. In the event where the Platform Administrator removes the User Account in cases set out in these Terms of Service due to the User’s breach of the Terms of Service, the User have no right to create new Accounts on the Platform. The Platform Administrator has the right to immediately remove all additional User Accounts from the Platform.
    5. The User is responsible for maintaining the confidentiality of the Account login data and for any activities carried out by third parties on behalf of the User in the Account due to the User’s failure to ensure the confidentiality of these login data. The User undertakes to immediately notify the Platform Administrator using the contact details specified in these Terms of Service of any loss or unauthorised use of login data or any other breach of security or confidentiality of these data.
    6. Two-factor authentication may be used to login to the Account on the Platform at the User’s discretion. Two-factor authentication is performed with the help of codes generated in the Google Authentificator app. In order to use two-factor authentication, the User must enable the use of this tool and perform the relevant actions. The User understands that if he or she does not activate and use two-factor authentication, his or her Account will be less secure and assumes the associated risk. The User shall also assume all associated risks of improper use of two-factor authentication, including, but not limited to, loss or transfer of the device used for two-factor authentication to third parties.
  4. PROVISION OF THE SERVICES
    1. The Platform Administrator shall make all reasonable efforts to make the Services available 24 hours a day, 7 days a week, 365 days a year, excluding scheduled maintenance. However, the Platform Administrator cannot and does not guarantee the uninterrupted availability of the Services, as the User’s successful access to the Services may be affected by many factors beyond the control of the Platform Administrator. Factors other than maintenance that may affect the availability of the Services include, but are not limited to:
      1. breakdown, malfunction, failure to timely update or other deficiency of any device used by the User to access the Services occurring through no fault of the Platform Administrator,
      2. disruptions of communication or power supply services,
      3. other events or circumstances beyond the reasonable control and influence of the Platform Administrator.
    2. The Platform Administrator will make reasonable efforts to notify of the planned maintenance works on the Platform affecting or likely to affect the functioning of the Platform or the provided Services at least 5 Business Days in advance, unless this is objectively impossible, for example, in the event of a need to take immediate action to ensure the safety of the Platform and/or its Users or to correct deficiencies in the Platform or the Services provided thereon. Please note that this provision does not apply if the maintenance works on the Platform should not affect the User experience on the Platform and the provided Services.
    3. The Platform Administrator itself does not provide qualified trust services. Qualified trust services are provided and their compliance with the Applicable Legislation is ensured by the Platform Administrator’s partner SK ID Solutions AS (Smart-ID), registration number 10747013, Pärnu mnt. 141, 11314, Tallinn, Estonia, phone number +372 610 1880, email address info@skidsolutions.eu, which is included in the list of trusted services provided in the Republic of Estonia (Trusted List), see https://sr.riik.ee/en/tl.html. For more information on the services provided by SK ID Solutions AS, please visit www.smart-id.com The services of qualified electronic time stamps are provided by the State Enterprise Centre of Registers, registration number 124110246, Lvivo g. 25-101, LT-09320, Vilnius, Lithuania.
    4. All information about the characteristics and specifications of the specific Services provided on the Platform is available on the Website. Before using the respective Services, the User undertakes to get acquainted with their characteristics, specifications and, on the basis of the information provided by the Platform Administrator, to independently decide whether the Services are in line with the interests and needs of the User. Except for the information regarding the Services clearly provided to the User, the Platform Administrator does not make any warranties to the User, including any implied warranties of fitness for a particular purpose.
  5. ADDITIONAL SERVICES
    1. The User may purchase the following Additional Services on the Website:
      1. additional electronic signatures provided on the Platform outside the scope of the Plan. In the event that the User purchases additional electronic signatures while having an unused limit of electronic signatures provided with the respective Plan, the electronic signatures provided with the Plan will be used first. The validity period of the purchased Additional electronic signatures is not limited;
      2. the option to add additional Users to the Account. This Additional Service is valid for the duration of its booking. After deactivating this Additional Service in the Account settings, the User will retain the right to use the quota of additional Users in the Account until the end of the booking period, however, the amounts paid for this Additional Service will not be refunded.
    2. Additional Services can be purchased by the User independently of the selected Plan. Users can access the pricing of Additional Services here.
  6. USE OF THE SERVICES
    1. By using the Platform and/or any Services provided thereon, the User undertakes:
      1. not to use automatic devices, applications, algorithms or methodologies, or any similar or equivalent manual processes to access, acquire, copy or monitor any part of the Platform or any content, or to recreate or circumvent in any way the navigational structure of the Platform or display of the Platform or any content thereof, in order to obtain or attempt to obtain any material or information not specifically made available to the User on the Platform,
      2. not to seek unauthorised access to any part or function of the Platform, or systems or networks associated with the Platform by hacking, password mining or other unlawful means,
      3. not to take any actions which would unreasonably or disproportionately overwhelm the Platform infrastructure or the systems or networks related to the Platform,
      4. not to use any device, software or other actions that interfere with or are intended to interfere with the proper functioning of the Platform or any operation of the Platform, or any other person’s use of the Platform,
      5. not to use the Platform or any content provided thereon for any unlawful or non-compliant purposes or to incite to any unlawful activities or other activities that violate the rights of the Platform Administrator or other persons,
      6. not to use the Platform as a means of communication or unlawful or unauthorised transfer of documents or other information to other persons in order to avoid communication by other means or to circumvent the restrictions established by the Applicable Legislation,
      7. comply with the requirements of these Terms of Service and Applicable Legislation when using the Platform.
    2. By using the Platform and/or any Services provided thereon, the User confirms as follows:
      1. he User has the right to upload User Content to the Platform and perform other actions on User Content using the Services, and
      2. the User is aware that the legislation applicable in individual jurisdictions may set specific requirements for the level of signature on the relevant document required to ensure its validity and authenticity. The User assumes full responsibility that the signature properties provided by the respective Services, which correspond to the information provided to the User by the Platform Administrator, are sufficient to meet the specific needs of the User.
    3. By using the option provided by the Platform to invite other persons to sign documents on the Platform, the User undertakes to ensure that such actions of the User will not infringe any obligations of confidentiality, protection of personal data and other obligations specified in the Applicable Legislation that are applicable to the User.
  7. MOBILE APPS AND SOFTWARE
    1. The Platform consists of the Website, Mobile Apps and Software. The Platform Administrator does not make any confirmations or assume any obligations that the scope of the Services provided on the Website, in the Mobile Apps and Software will be the same, as these environments have different functionalities, in particular:
      1. Zebrasign Mobile enables the User to set push notifications about the activity in the Account and view the statistics of the documents uploaded to the Account by status. Zebrasign Mobile may also identify the User and redirect him or her to the Website, where the User will not need to re-authenticate,
      2. Zebrasign Signature Pad enables the User to display the document on a mobile device, fill in the assigned data input fields and sign it,
      3. Zebrasign Printer enables the User to automatically convert a document to .pdf format directly from the document printing environment and transfer it to the Platform for storage or process execution.
      Users can learn more about the functionalities of the Mobile Apps and Software here.
    2. The functionalities of the Mobile Apps and Software, with the exception of Zebrasign Mobile, are available to Users only after the purchase of a paid Plan. Users can access more information about this here.
    3. Users can download the Mobile Apps in the App Store (Apple) and Google Play mobile app stores. Operation of the Mobile Apps may be subject to technical restrictions related to the mobile device or its operating system; in particular, the Mobile Apps are supported by Android operating systems version 12 or later and iOS version 15 or later. Users assume responsibility for not being familiar with the technical limitations applicable to the operation of the Mobile Apps.
    4. Users can download the Software on the Website in .exe format and install it on their computer by following the Deployment Wizard. The operation of the Software may be subject to technical limitations related to the technical parameters of the computer or its operating system; in particular, the minimum computer technical requirements necessary for the operation of the Software are as follows: RAM 1 GB, disk capacity of 400MB, OS Windows10 or macOS13. Users assume responsibility for not being familiar with the technical limitations applicable to the operation of the Software. When installing the Software, Users shall have no right to arbitrarily make any changes incompatible with the normal use of the Software for its intended purpose.
    5. The Platform Administrator will inform the User in the Mobile Apps and Software about the need to install updates. Failure to install updates in a timely manner may cause the Mobile Apps and/or Software to malfunction or stop functioning. The User undertakes to ensure the correct and timely installation of updates.
  8. PAYMENT FOR THE SERVICES
    1. The User who has created an Account has the right to use some Services free of charge, i.e. without purchasing the Paid Services. The User can learn more about additional options provided by paid Plans here.
    2. The User has the right to purchase additional paid Plans or Additional Services by selecting the relevant option on the Website. You can find up-to-date prices of Paid Services here.
    3. Payments for the Paid Services shall be made by the User through the Payment Service Provider. This service is provided by the Payment Service Provider in accordance with the rules introduced on its website. The Platform Administrator does not provide payment services and does not assume responsibility for their quality to the maximum extent permitted by the Applicable Legislation.
    4. Payments for Paid Services can be made in the following ways:
      1. by bank card,
      2. via Bank Link payments. 
      The User can find more information on each of the above payment methods and the restrictions applicable thereto in the payment environment or in the rules of the respective Payment Service Provider.
    5. The User may purchase paid Plans for a period of one month or one year at his or her own discretion.
    6. The User can pay for paid Plans in advance or set up recurring payments (a subscription):
      1. if prepayment was selected, at the end of the respective period of validity of the paid Plan (month or year), this Plan will be deactivated for the User and the free Plan will be automatically activated for his or her Account,
      2. if recurring payments (a subscription) have been set, at the end of the respective period of validity of the paid Plan (month or year), if the paid Plan has not been terminated before the expiration of its term and upon the expiration of this term, the paid Plan will be renewed automatically for the same period (month or year respectively). The User shall be responsible for ensuring that sufficient funds are available in the User’s bank account to debit the payment for the respective paid Plan. In the event that the User’s bank account does not have sufficient funds to debit the payment for the respective paid Plan upon expiry thereof, this Plan will be deactivated for the User and the free plan will be automatically activated for his or her Account.
    7. If the User cancels the paid Plan before it expires, the User will be able to use the respective Plan until its expiration date. Upon expiry of the Plan, this Plan will be deactivated for the User and the free Plan will be automatically activated for his or her Account.
    8. The privileges provided by the paid Plan may be used by the User only for the period of validity of the paid Plan. The Platform Administrator shall not be liable for the User’s failure to make timely use of the privileges provided by the paid Plan, such as the number of granted signatures, and any privileges provided by the paid Plan shall not be extended after its expiry.
    9. Order for the Paid Services submitted by the User shall be binding to the Platform Administrator and shall conclude an agreement between the User and the Platform Administrator only as of the moment of payment for the Paid Services.
    10. Having received the User’s payment for the Paid Services, the Platform Administrator will send the User a confirmation of the Paid Services to the email address specified in the Account. The User can check information about the validity period of the paid Plan in his or her Account.
    11. The User who has purchased a paid Plan for the period of one month has the right to purchase the same Plan for the period of one year or a paid Plan with higher privileges for the period of one month or one year at any time during the validity period of the paid Plan, and these changes will take effect immediately while the previous Plan will expire. If the User who has purchased a paid Plan for the period of one year wishes to replace the paid Plan with a paid Plan for the period of one month or a paid Plan with lower privileges for the period of one year, he or she will only be able to purchase such paid Plans upon expiry of the ordered Paid Plan.
    12. The Platform Administrator shall have the right, but not the obligation, to set Trial Periods for specific paid Plans, during which Users will be able to test the options provided by paid Plans for free. At the end of the Trial Period, the respective paid Plan will not be automatically activated for the User and the User will have to order it separately in order to continue using the benefits of the respective paid Plan. The terms and conditions applicable to a particular Trial Period will be available to the Users on the page of the Website where the User is notified of the possibility to test the respective paid Plan. The Platform Administrator shall have the right, to the maximum extent permitted by the Applicable Legislation, to amend the terms and conditions applicable to the Trial Period or terminate the Trial Period at its discretion at any time. The right of the Platform Administrator to amend the terms and conditions applicable to the Trial Period or terminate the Trial Period at its discretion at any time provided in this Clause of the Terms of Service shall not be applicable to the Trial Period that was already initiated by the User, unless it is necessary to ensure compliance with the Applicable Legislation.
    13. The Platform Administrator shall have the right, but not the obligation, to organise promotion campaigns related to the Services provided on the Platform. The promotion campaigns provided for in this Clause of the Terms of Service will be subject to the rules set for a specific promotion campaign published on the Website.
    14. The Platform Administrator shall have the right to change the prices of the Paid Services having notified the Users at the email address specified in the Account before a reasonable term, but no later than 10 Business Days in advance. Any changes shall not apply to already ordered Paid Services until they expire.
    15. Upon successful payment for the Paid Services, the User shall be granted access to them immediately. In view of this, the Consumer expressly confirms and agrees that the Consumer loses the right to withdraw from the agreement within 14 days, as provided for in the Civil Code of the Republic of Lithuania.
  9. INTELLECTUAL PROPERTY
    1. The Platform (including the Website, Mobile Apps and Software), the material, code, design, domain name of the Website, all copyrights, trademarks, databases, names and other Intellectual Property contained thereon or other property related to the Platform and/or the material (other than User Content) contained thereon shall be wholly owned by the Company, except for the Intellectual Property objects related to the Company’s partners or service providers, and is protected by national and international Intellectual Property protection laws and regulations.
    2. Without the express permission of the Company, the User shall not have the right to copy, capture, reproduce in any form or by any means, deliver, publish, transfer, sell, process, submit, license, modify, republish, edit, broadcast, re-broadcast or otherwise announce, publicly display or demonstrate, adapt, distribute or use the material contained on the Platform (other than the User Content) or its code or any part thereof, as well as to create derivative works based thereon.
    3. The Company, at its discretion, without any limitation, shall have the right to collect, publish statistical information or use it in any other way for commercial purposes, including, but not limited to, information on how and which Services and at what frequency the Users use, etc., provided that the information referred to in this Clause of the Terms of Service does not include the User’s personal data or User Content. In the event that the User’s personal data are used for the purposes specified in this Clause of the Terms of Service, detailed information on the use of the User’s personal data for these purposes will be provided in the Platform’s Privacy Policy, which you can find here.
  10. USER CONTENT
    1. All User Content shall be the sole property of the User. The User undertakes to grant the Platform Administrator a limited, gratuitous, non-exclusive right, for as long as the User uses the Platform Services, to access, manage, modify, store or otherwise use the User Content, but only in the scope and to the extent necessary for the provision of the Services or as expressly required by these Terms of Service.
    2. The User shall be solely responsible for all User Content. The Platform Administrator shall not review, access or otherwise use the User Content, unless a clear and unambiguous consent of the User has been obtained (for example, by providing customer service to the User) or the Platform Administrator is obliged to do so in accordance with the Applicable Legislation, in which case the User Content shall be used only to the extent necessary in accordance with the purpose of the respective use. In view of this, the Platform Administrator shall not be responsible for the User Content and its compliance with the Applicable Legislation to the maximum extent permitted by the Applicable Legislation.
    3. By posting any User Content on the Platform, the User undertakes to ensure compliance of such information with the Applicable Legislation, including, but not limited to, not infringing the Intellectual Property rights of third parties.
    4. Having obtained the prior consent of the Commercial User, the Platform Administrator shall have the right to use and publish the Commercial User’s name, trademark (registered or unregistered) and information about the ordered Services and reviews for the purposes of marketing the Services.
  11. PERSONAL DATA PROTECTION
    1. The Platform Administrator shall process the personal data provided by the Users in accordance with the requirements of the Applicable Legislation, including the GDPR and other applicable data protection legislation, and the instructions of the competent authorities. For more information about the processing of personal data by the Platform Administrator, please visit the Platform’s Privacy Policy and the Personal Data Processing Agreement.
  12. LIABILITY
    1. Both the Platform Administrator and the User undertake to properly fulfil their obligations under these Terms of Service and to refrain from any action that could cause loss (damage) to one another.
    2. The User agrees and undertakes to defend, compensate for damages and protect the Platform Administrator, the Platform Administrator’s affiliates, service providers and the Platform Administrator’s representatives, managers, authorised officers, employees or consultants from any and all losses, damages, claims and/or expenses incurred as a result of:
      1. a breach of these Terms of Service by the User,
      2. any infringement by the User of the requirements of the legislation applicable to the User, and
      3. infringements by the User of the rights of third parties, including the Intellectual Property rights.
    3. Neither the Platform Administrator nor the User shall be liable for any indirect, special, consequential or incidental damages arising out of or in connection with these Terms of Service (including, but not limited to, loss of income) to the extent permitted by the Applicable Legislation. To the extent permitted by the Applicable Legislation, the Platform Administrator’s liability for breaches of these Terms of Service shall be limited to the cost of Paid Services provided to the User within the last 12 months prior to the relevant breach. In the event that the User has not purchased any Paid Services within the last 12 months prior to the relevant breach, to the extent permitted by the Applicable Legislation, the liability of the Platform Administrator for breaches of these Terms of Service shall be limited to EUR 50.
    4. The Platform Administrator shall also not be liable to the maximum extent permitted by the Applicable Legislation for:
      1. disruptions of the Services caused by acts or omissions of third parties outside the responsibility of the Platform Administrator, including, but not limited to, technical malfunctions or failures related to the qualified electronic signature certificate used by the User,
      2. the User Content and how and for what purpose the User uses the Services, including, but not limited to, the provision of false information and the User Content that violates the legislation (such as forged or illegal documents). Forging of documents may be subject to criminal liability in accordance with the procedure established by the Applicable Legislation,
      3. taking into account the fact that the Platform Administrator does not perform User authentication, for the authenticity of the User’s identity. The User assumes full responsibility for the proper identification of the other party to the document (for example, an agreement). The Platform Administrator shall not assume responsibility for the proper performance of any documents (such as agreements) and the obligations of parties thereto,
      4. any disruptions of the Services related to breakdowns, viruses or malfunctions of the devices used by the User to access the Services, unless this is due to the fault of the Platform Administrator,
      5. failures or disruptions of the Services which are specific to the Services of this nature and which the User can reasonably expect in view of the nature of the Services, as provided for in Clause 4.1 of these Terms of Service,
      6. actions of the Users in violation of the Applicable Legislation against third parties, for example, if the Users use the functionalities provided by the Platform (for example, send a signing invitation) for fraud or other unlawful actions,
      7. in other cases expressly specified in these Terms of Service.
    5. The Platform may contain links to other third party websites. These links are provided for the convenience of the Platform Users only. The Platform Administrator has no control over such links and third party websites and does not assume responsibility for the content of third party websites, including any information or material contained on such websites.
    6. In the event that any signs of a criminal offense or other violations of the Applicable Legislation are detected in the User’s activities, the Platform Administrator shall have the right to notify the competent authorities thereof and provide them with all necessary or requested information, including the User’s personal data, relevant to the investigation of the respective violation. Upon receipt of information of unlawful activity of the User on the Platform or illegal User Content, the Platform Administrator shall have the right to delete such content.
  13. FORCE MAJEURE
    1. The Platform Administrator shall be released from liability for non-fulfilment of obligations under the Terms of Service if they are not fulfilled due to force majeure circumstances which the Platform Administrator could not control or reasonably foresee at the time of commencement of provision of the Services to the User and the consequences of which could not have been avoided.
    2. If the circumstances that prevent the Platform Administrator from fulfilling its obligations under the Terms of Service are temporary, the Platform Administrator may be released from liability for such period as is reasonable, taking into account the effect of these circumstances on the fulfilment of its obligations under the Terms of Service.
    3. The Platform Administrator, being unable to fulfil its obligations under the Terms of Service, will notify the Users of the occurrence of force majeure circumstances and their impact on the fulfilment of its obligations under the Terms of Service within 5 Business Days as of the date on which such circumstances became known. The grounds for releasing the Platform Administrator from liability shall arise from the moment of occurrence of force majeure circumstances, if the deadline for the submission of notification referred to in this Clause of the Terms of Service has been observed.
    4. Upon the expiration of force majeure circumstances, the Platform Administrator shall immediately notify the Users thereof.
  14. CHANGES TO THE SERVICES AND THE TERMS OF SERVICE
    1. The Platform Administrator shall have the right to unilaterally change the provided Services or amend these Terms of Service. Changes affecting the rights of Consumers shall be made by the Platform Administrator only when necessary to ensure the proper quality of the Services or when all of the following conditions are met:
      1. the Platform Administrator has a sufficient basis, for example, in the event of a change in the relevant provisions of the Applicable Legislation, in the event of requirements of the Applicable Legislation or instructions of the competent authorities affecting the content of the Services or these Terms of Service, in the event of a change in the Platform Administrator’s activities, for example, if the name or contact details of the Platform Administrator or the Platform owner have been changed, in the event of a need determined by objective market changes, or in the event of a change in the functionalities of the Platform or other technical changes,
      2. the change does not result in additional costs for the Consumer, and
      3. the Platform Administrator will follow the procedure specified in Clause 14.2 of these Terms of Service and will grant Consumers the rights specified in Clause 14.3 of these Terms of Service, where applicable.
    2. Consumers shall be notified of the changes at the email address specified in the Account before a reasonable time, but no later than 10 Business Days in advance, unless otherwise required by the Applicable Legislation or instructions of the competent authorities.
    3. The Consumer shall have the right to terminate the agreement if the change of the Services or amendments to these Terms of Service has a negative impact on his or her access to or use of the Services, except in cases where the negative impact is negligible. The Consumer must exercise this right within 30 calendar days as of the date of change to the Services and/or amendment to these Terms of Service. Should the Consumer exercise the right referred to in this Clause of the Terms of Service, the Platform Administrator undertakes to return to the Consumer the share of the price paid for the Services proportional to the period during which the Services were of inadequate quality, if applicable, and the other share of the price paid in advance by the Consumer for the remaining period of provision of the Services had it not been terminated.
    4. To the extent that changes to the Services do not affect the rights of Consumers under the Services that have been already provided or are currently provided, the provisions of this Section of the Terms of Service shall not apply and the Platform Administrator shall have the right to unilaterally change the provided Services or amend these Terms of Service. In any case, the Platform Administrator will notify the Users to whom the Services are provided of the intended changes before a reasonable term.
    5. For new Users, the updated version of the Terms of Service shall apply immediately after its publication on the Platform.
  15. ACCOUNT DELETION AND TERMINATION OF SERVICES
    1. The User shall have the right to terminate the use of the Platform at any time at no fault of the Platform Administrator. In order to delete the Account, the User may use the corresponding function in the Account settings, but in this case the User will lose access to the Services, including paid Plans or Additional Services, if they have been purchased, and transfer of the Services or refund of the paid amounts will not be possible. After deleting the Account in accordance with the procedure specified in this Clause of the Terms of Service, the User shall have the right to restore the Account within 14 days from its deletion. After this deadline, Account reset will not be possible.
    2. The User shall have the right to cancel the paid Plan at any time at no fault of the Platform Administrator by using the corresponding function in the Account settings. In this case, the User will retain the right to use the privileges of the paid Plan until the end of the paid Plan period, however, the amounts paid for the paid Plan will not be refunded. At the end of the respective period of validity of the paid Plan (month or year), this Plan will be deactivated for the User and the free plan will be automatically activated for his or her Account. User Content that exceeds the scope of the free Plan will be subject to the rules set out in Clause 15.11 of these Terms of Service.
    3. The Platform Administrator shall have the right to terminate the provision of the Services at no fault of the User having notified the Platform User by email 1 month in advance, unless the Applicable Legislation or the instructions of the competent authorities require a different notice period. In the event where the User had a purchased paid Plan or Additional Services, the User would be refunded at a proportionate price for the paid Plan and/or Additional Services that remained unused before the notice period.
    4. The User shall have the right to terminate the provision of the Services at the fault of the Platform Administrator by notifying the Platform Administrator at least 10 Business Days in advance in the following cases:
      1. the Platform Administrator does not provide or provides the User with defective Services and fails to rectify these deficiencies in the provision of the Services within 20 Business Days as of the date of receipt of notification from the User or the Platform Administrator notifies the User that the deficiencies are impossible to rectify. The User undertakes to submit the notification referred to in this Sub-Clause no later than within 5 Business Days as of the date on which the deficiencies were noticed or should have been noticed. The User shall not have the right to use the option to terminate the provision of the Services in accordance with the procedure laid down in this Sub-Clause when the deficiencies in the Services are negligible,
      2. the Platform Administrator provides defective Services to the User and these deficiencies are essential,
      3. the Platform Administrator otherwise breaches these Terms of Service and this breach complies with the criteria for the determination of a material breach defined in Article 6.217(2) of the Civil Code of the Republic of Lithuania.
    5. Upon termination of the Services in accordance with the procedure specified in Clause 15.4 of these Terms of Service, the Platform Administrator shall, no later than within 14 calendar days as of the date of receipt of the User’s notification, refund to the User the share of the price paid for the Services proportional to the period during which the Services were of inappropriate quality, where applicable, and the other share of the price paid by the User for the Services in advance for the remaining period of the Services, had it not been terminated, and/or the share of the price paid in advance proportional to the unused Additional Services. The User shall have the right to claim compensation for reasonable losses incurred as a result of the relevant breach in accordance with the procedure laid down in Section 12 of these Terms of Service. The Services will no longer be available to the User as of the moment of termination of the Services.
    6. The Platform Administrator shall have the right to temporarily suspend the User Account having notified the User by email specified in the Account if the User breaches the provisions of these Terms of Service. The Platform Administrator shall set a period of temporary suspension of the Account, which may not exceed 1 month, taking into account the seriousness of the User’s breach.
    7. The Platform Administrator shall have the right to delete the User Account and terminate the provision of Services through the User’s fault having notified the User at least 10 Business Days in advance in the following cases:
      1. the User repeatedly breaches the provisions of these Terms of Service,
      2. the User is in essential breach of the provisions of these Terms of Service, for example, misuses the Platform by obvious and intentional actions or infringes Intellectual Property rights,
      3. the User obviously infringes the requirements of the Applicable Legislation, for example, the User’s actions correspond to the features of fraud or other criminal acts,
      4. the User’s actions pose an essential risk to the safety and interests of the Platform, the Platform Administrator or other Users.
    8. The User whose Account has been temporarily suspended or deleted or for whom the Services have been terminated in accordance with this Section of the Terms of Service shall have the right to contact the Platform Administrator using the contact details specified in these Terms of Service within 10 Business Days of receipt of the notification and object to the imposed sanctions. In its notification, the Platform Administrator will provide all the information required by the Applicable Legislation regarding the grounds for such a decision. The Platform Administrator will examine the User’s objection and provide a response within 14 days of receipt thereof.
    9. Upon termination of the Services in accordance with the procedure specified in Clause 15.7 of these Terms of Service, the Platform Administrator shall have the right to claim compensation for reasonable losses incurred due to the relevant breach in accordance with the procedure specified in Section 12 of these Terms of Service. The Services will no longer be available to the User as of the moment of termination of the Services. The amounts paid for the Paid Services shall not be refunded to the User and shall be considered penalties to be included in the losses of the Platform Administrator incurred as a result of the relevant breach.
    10. If the User has not logged into the Account for 2 years, the Platform Administrator will send the User a notification to the email specified in the Account regarding the intended deletion of the Account. If the User does not log in within the additional 2-week period specified by the Platform Administrator, the User Account will be automatically deleted. This provision of the Terms of Service shall not apply in any cases to Accounts for which paid Services are activated.
    11. Upon termination of the Services or deletion of the Account, the User Content will be stored for the period of 14 days, after which it will be deleted.
  16. GOVERNING LAW AND DISPUTE RESOLUTION
    1. The Platform operates in accordance with the legislation of the Republic of Lithuania. Any disputes arising out of or in connection with the operation of the Platform or the Services will be settled by negotiation, and in the event of failure to reach an agreement, by the competent court in accordance with the provisions of the Applicable Legislation.
    2. Disputes arising between the Platform Administrator and Commercial Users shall be settled in the court of the registered office of the Platform Administrator.
    3. The Consumer who believes that the Platform Administrator has violated his or her rights or legitimate interests related to the services provided by the Platform must first submit a complaint in writing to the Platform Administrator and indicate his or her claims. Please send such letters to the email address indicated at the top of these Terms of Service. If the Consumer disagrees with the response of the Platform Administrator, the Consumer may contact the State Consumer Rights Protection Authority at its website www.vvtat.lt, or fill in the application form on the Online Dispute Resolution platform at https://ec.europa.eu/odr/. Judicial disputes shall be settled in accordance with the procedure laid down in the Applicable Legislation, including Article 29 of the Republic of Lithuania Law on Consumer Protection.
  17. FINAL PROVISIONS
    1. These Terms of Service constitute the entire agreement between the User and the Platform Administrator and modify and repeal all prior written or verbal contracts, promises, statements, and agreements between the User and the Platform Administrator relating to the subject matter of these Terms of Service.
    2. If any part of these Terms of Service be declared invalid, illegal or unenforceable to any extent in accordance with the procedure established by the Applicable Legislation, the recognition of such condition as invalid, illegal or unenforceable shall not render invalid, illegal or unenforceable the remaining provisions of the Terms of Service, which shall remain in force and shall be implemented to the maximum extent permitted by the Applicable Legislation.
    3. The Platform Administrator shall have the right, at its discretion, to assign all or part of the rights and/or obligations under these Terms of Service without the prior consent of the User, provided that this does not reduce the warranties provided to Users who are Consumers. The transfer of rights and/or obligations of the Platform Administrator carried out in accordance with this Clause of the Terms of Service shall release the Platform Administrator from all obligations under these Terms of Service. The User shall not be entitled to transfer or assign any or all of his or her rights and/or obligations under these Terms of Service in accordance with the legislation or otherwise without the prior written consent of the Platform Administrator.
    4. The User undertakes to ensure the accuracy, currentness and completeness of the information provided by the User during the entire period of his or her relationship with the Platform, and therefore, the User must immediately update such information in the event of any changes thereto. In carrying out its obligations under these Terms of Service, the Platform Administrator shall be guided by the information, including contact information, provided by the User to the Platform Administrator in the User Account and otherwise, and shall consider it to be correct and complete.
    5. In the event that Users notice any breach of these Terms of Service or Applicable Legislation, they are encouraged to immediately notify the Platform Administrator thereof using the contact details specified above in these Terms of Service. The notification should contain at least the following information:
      1. a sufficiently substantiated explanation as to why you claim that the relevant information is considered illegal content or is otherwise in breach of these Terms of Service or Applicable Legislation,
      2. a link to the location of the illegal information, where possible and applicable,
      3. your name, surname and email address, unless the information relates to one of the offences referred to in Articles 3 to 7 of EU Directive 2011/93/EU,
      4. a statement confirming your sincere belief (bona fide) that the information and allegations contained in the notification are accurate and complete.
      Where required by the Applicable Legislation, the Platform Administrator will notify you of its decision regarding the information to which the notification relates and provide information on the remedies available in relation to that decision.
    6. Failure by the User or the Platform Administrator to exercise any of the rights set out in these Terms of Service shall not constitute a waiver of such right.
    7. If you have any questions about the content of these Terms of Service, please contact us using the contact details specified in these Terms of Service.