User Agreement

Last revised November 11, 2022.

This User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the "Services") provided by Pentadrive OÜ ("we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. Please take a look at our Privacy Policy too—it explains how and why we collect, use, and share information about you when you access or use our Services.

1. Your Access to the Services

Children under the age of 14 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services.

In addition, certain of our Services or portions of our Services require you to be 18 years of age or older, so please read all notices and any Additional Terms carefully when you access the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

2. Content Guidelines

When using or accessing our Services, you agree to follow our Content Guidelines.

3. Your Use of the Services

We grant you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
• access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted by our official API.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

4. Your Account and Account Security

To use certain features of our Services, you may be required to create an account on our platform (an "Account") and provide us with an e-mail address, username, password, display name and certain other information about yourself.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately change your password if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, or other materials ("Content"), including Content created or submitted to the Services by you or through your Account ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant us the following license to use that Content:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us.

You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about us or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Guidelines, or if you otherwise create or are likely to create liability for us.

6. Third-Party Content, Advertisements, and Promotions

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes ("Promotion"), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with us, and the rules for your Promotion must require each entrant or participant to release us from any liability related to the Promotion.

7. Things You Cannot Do

When using or accessing our Services, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Guidelines, which are part of these Terms and contain our rules about prohibited content and conduct. In addition to what is prohibited in the Content Guidelines, you may not do any of the following:

• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
• Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
• Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
• Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with us. We conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without our prior consent is prohibited.
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on us or any payment system.
• We encourage you to report content or conduct that you believe violates these Terms or our Content Guidelines. We also support the responsible reporting of security vulnerabilities.

8. Moderators

Moderating a community is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.

If you choose to moderate a community:

• You agree to follow the Moderator Guidelines;
• You agree that when you receive reports related to a community you moderate, you will take appropriate action, which may include removing content that violates policy and/or flagging it for further review;
• You are not, and may not represent that you are, authorized to act on our behalf;
• You may not enter into any agreement with a third party on our behalf, without our written approval;
• You may not enter into any agreement with a third party on behalf of any communities that you do not own;
• You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
• If you have access to non-public information as a result of moderating a community, you will use such information only in connection with your performance as a moderator; and
• You may create and enforce rules for the communities you moderate, provided that such rules do not conflict with these Terms, the Content Guidelines, or the Moderator Guidelines.
• We reserve the right, but have no obligation, to overturn any action or decision of a moderator in our sole discretion.

9. Copyright, Trademark, the DMCA, and Takedowns

We respect the intellectual property of others and require that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify us.

Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to us for certain costs and damages.

10. Paid Services and Payment Information

There are no fees for the use of many aspects of the Services. However, some services, including our premium subscription, advertising services and virtual goods, may be available for purchase ("Paid Services"). In addition to these Terms, by purchasing or using our Paid Services, you further agree to their respective terms and conditions.

We may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.

11. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the "Our Entities") harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Our Entities do not warrant that the Services are accurate, complete, reliable, current, or error free. We do not control, endorse, or take responsibility for any content available on or linked to the Services or the actions of any third party or user, including moderators. While we attempt to make your access to and use of our Services safe, we do not represent or warrant that our Services or servers are free of viruses or other harmful components.

13. Limitation of Liability

In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the Our Entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the Services, including those arising from or relating to content made available on the Services that is alleged to be defamatory, offensive, or illegal. Access to, and use of, the Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of Our Entities exceed the greater of one hundred U.S. dollars ($100) or any amount you paid us in the previous six months for the services giving rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the Our Entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

14. Governing Law and Venue

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Estonia without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the courts located in Tallinn, Estonia and you consent to personal jurisdiction in these courts.

15. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

16. Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by us ("Additional Terms"). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.

• If you want to monetize Your Content, you must also agree to the Monetization Agreement.

17. Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Guidelines.

The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 11 (Indemnity), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Governing Law and Venue), 17 (Termination), and 18 (Miscellaneous).

18. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.