This Service Agreement (the "Terms"), in conjunction with our Privacy Policy (available at https://estatebud.com/privacy-policy), constitute the entire Agreement between estatebud.com, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (hereinafter referred to as "estatebud.com", "we" "our" or "ours") and you (hereinafter referred to as "You", "the User", or "Your/s"), collectively referred to as "the Parties" and individually as "Party". These Terms govern Your use of the Website estatebud.com (the "Site"), as well as the Software and all related Services provided by estatebud.com (collectively referred to as the "Service").
By using the Software of estatebud.com, you acknowledge and declare that you have read and agreed to this Service Agreement. As we may update these terms from time to time, we encourage you, to review the service agreement once in a while. If you disagree to our service agreement and/ or our privacy policy, please do not use our services. If you have any questions, please do not hesitate to get in touch with our support team at support@estatebud.com.
PRIVACY AND COMMUNICATIONS
By accepting the Service Agreement and therewith our Privacy Policy, you acknowledge and agree that estatebud.com may send You e-mails related to your account and/or the Service you chose to use. You further agree that at estatebud.com, we may use your company’s name or logo in our adverts and for the purpose of advertising our website and our Services unless and until you tell us in writing not to do so.
Some features of estatebud.com’s system enables You to connect with a third party. Any such connection includes the transfer of personal data from Your estatebud.com account to the third party. Whenever such connection is created, and data will be transferred to a third party, we will inform You prior to that. A data transfer will occur only after you consent your approval of such and will follow the rules and regulations of our data privacy policy. After approval, data will be transferred regularly to the third party. Please note that this transfer happens under your own responsibility.
ACCOUNTS, PASSWORDS & SECURITY
In order to access our Software Services, You must be a registered User. If you are a Business registered with estatebud.com, we recognize that you may have multiple User’s connected to the same account. No matter whether You are registered as a unique User or as a Business with several different User’s, You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name, even if certain content is shared between many User’s. By agreeing to the Service Agreement and therewith our Privacy Policy, You agree to refrain from accessing, or attempting to access, other User’s accounts and/or data.
Estatebud.com offers an API (Application Programming Interface) feature, which enables users to develop their own connection to estatebud.com from an external system (such as an external website or app). Authentication to the API requires a key which is generated by our system. You must keep the API key secure and confidential at all times. By agreeing to our service agreement and our privacy policy, You agree not to disclose your API key to anyone else. If there has been a disclosure of this information, You shall promptly notify us of such disclosure so that we can take appropriate security measures, and if appropriate, provide you with replacements.
DATA STORING & PROCESSING
All data stored and/or processed through and by estatebud.com is subject to our Privacy Policy.
All data files uploaded to estatebud.com are uploaded on Your own risk and responsibility. Data files may be shared between users in the same subscription depending on the configured access levels. Data files may also be published through a manual user action, to websites and plugins.
By agreeing to this service agreement and our privacy policy, You agree and acknowledge Your understanding of intellectual property rights, copyrights and all other rights that may exist of third parties, and You declare and assure not to upload any content to Your account that is of exclusive nature or requires a license to be used. Against this backdrop, You guarantee that all content used and provided for is free of copyright or other intellectual property rights of any third party. You guarantee that You are in possession of all consents and all approvals for all data uploaded.
ACCEPTABLE USE AND CONDUCT
We at estatebud.com are always trying to keep our reputation high by delivering a great Service and being tentative to our customers. And with respect thereto, we recognize that it is not only our but also the task of our customers to spread a good word. Therefore, we discourage certain types of usage of the software in order to make sure, our platform is and will be kept safe and our message deliverability high.To be specific, we may not allow the following types of usage:
- Sending communication that offer illegal goods or services
- Communication that violate any Laws
- Multi-level or Affiliate marketing
- The display of pornographic/sexual content
- Offers to gamble
- Opportunities to improve your financial status and/ or minimize your debt count
- Selling and/ or advertising "Likes" or followers for a social media platform
- Any other Emails or any other form of Communication on our Website or through our Software Services that we find, in our sole discretion, hurt our reputation directly, or has the ability to do so.
If we have proof or a good reason to believe that You undergo activities which are harmful to our reputation (listed or not listed above), we reserve us the right, here at estatebud.com, to block your account until and unless we are credibly convinced that your actions do not opt or do not in any way tend to harm our reputation.
DISCLAIMER OF WARRANTIES
We at estatebud.com represent and warrant that:
- We will perform our Services with reasonable care and skill; and
- the Services and the Materials provided by us to You under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
The Services provided by estatebud.com are provided "as is", and you use them at your own risk and at your own responsibility. estatebud.com disclaims all warranties, including without any limitation, the warranty of fitness for a particular purpose.
The "as is" condition of our Services also bear upon the use of plugins. The use of plugins is subject to availability and estatebud.com does neither guarantee nor warrants for the functioning or availability of these plugins. Plugins may be removed at any given point in time without giving prior notice.
We at estatebud.com do our very best to keep the Services bug-free and safe, however, we do not warrant for continuous bug-free performances. Neither do we warrant or guarantee that our Services will be performed error-free, or virus-free at all times. By agreeing to this service agreement, you agree, not to make any claims based on our failure, irrespective or fault, to provide bug-free, error-free and/ or virus-free Services, unless such failure was the result of estatebud.com’s negligence, wilful misconduct or fraudulent behaviour.
LIMITATION OF LIABILITY
In no event shall either party be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, arising out of this agreement, even if such party has been advised of the possibility of such damages.
As a User of the Internet, you bear the risks associated with the use of the internet. With respect thereto, you will be solely responsible for any damage done to your computer or your data that results from your activity. In no event can estatebud.com be held liable for such damage.
Nothing in this Clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
CREDITS
You can deposit credits to your user account. Credits can be used as means of payment for some services offered by Estatebud.com. Credits can not be used to renew or pay for user accounts. One (1) credit at estatebud.com is equivalent to one (1) Euro (€).
If you register an account as a Business account to which more than one person shall have/ has access to, all credits deposited to this account can be used for payment purposes by each individual who was permitted access to Your account.
Credits are non-refundable and do not expire over time unless and until You decide to terminate Your subscription with us.
FEES
The amount to be paid to estatebud.com depends on the plan You chose. The price of each plan may change over the course of time. Also, the specified features for each plan may change with time. You will be notified of any such changes via Email, 14 (fourteen) days before such change is taken into effect. If you disagree to the planned change/s, you will be able to opt out of your plan within the period of 14 (fourteen) days following the day at which we gave notice. If we do not hear from you within these 14 (fourteen) days, we assume that you approve the change/s conclusively.
Certain fees or costs may arise from certain plugins used and embedded in our system and for the purpose of providing our Services. These costs may be either fixed or reoccurring on a monthly basis. All fees and costs that may occur along the way will be displayed on our Website and will be notable. No charge will be made unless and until you consent to it by ticking the appropriate boxes on our website and declaring that you are aware of all costs, the service agreement, as well as our privacy policy.
REFUND POLICY
Eligible refunds will be issued to the credit card that was used to make the credit purchase, according to the refund policy described in the "Fees" section. Estatebud.com will not issue cash refunds under any circumstances. If a charge was made in error, we will credit your account for the appropriate amount as soon as we get informed about the payment made wrongfully. If you disputed a payment as wrongfully made but is eventually found to be valid, You will be permanently banned from using our Services.
Any credits you may have purchased on your account are non-refundable.
TERM AND TERMINATION OF SERVICES
This Agreement shall be effective once You booked a Service provided by estatebud.com and shall continue until terminated by either party. Either Party may terminate this Agreement upon 30 calendar days’ notice in writing if:
- the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 calendar days of written notice (the “Termination Period”) from the other Party so to do; or
- a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. We at estatebud.com reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, we may, but have no obligation to, remove accounts and content containing what we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material, harmful to estatebud.com’s reputation in any way.
In the event of termination, You will receive one (1) free data backup for any data stored in the Software, to include but not limited to all data relating to all Services, including but not limited to all images and documents, no later than one calendar day prior to the expiration of the Termination Period. If additional data backups are required, it can be provided at an additional cost determined by estatebud.com. To request a data backup, You must send a written request by email to support@estatebud.com before your Software subscription expires. Estatebud.com guarantees such requests will be prioritized and provided to You in a secure manner and within a reasonable amount of time.You may terminate Your account at any time, and if eligible, estatebud.com will issue refunds of paid sums for unused credits according to the refund policy set aside in the "Fees and Remuneration" section.
INTELLECTUAL PROPERTY
We do not claim any intellectual property right over the data provided by You. Vice versa, You acknowledge that estatebud.com owns the full title, all rights and interest in and to the Service, including without limitation all intellectual property rights on our Software, as well as on all associated Services offered. If any third party intellectual property rights are used and displayed in correlation with our Website, the Software and all other related Services, we guarantee and ensure that we have secured all necessary consents and approvals to use such third party intellectual property rights.
ENTIRE AGREEMENT
This Agreement embodies the entire agreement of and between estatebud.com and You with regard to Service Level, and Service Provision, and no representations, warranties, agreements, understandings, verbal or otherwise, exist except as herein expressly set out.
INDEMNIFICATION
Each party agrees to indemnify, defend and hold harmless the other party from all direct damages, liabilities, claims and expenses, including without limitation any occurring attorneys’ fees and costs (the “Losses”), directly arising from or directly related to the data, and/or the Services (depending on the respective claim and party), unless such Losses result from the gross negligence, bad faith, fraud, or wilful misconduct of the other party, and/or any breach of these Terms up to the value of the Services (the “Liability Cap”). Both parties further agree to defend, indemnify and hold harmless the other party from all Losses, arising from or related to any claims by third parties that the data or the Services (depending on the respective claim and party) infringe upon, violate or misappropriate any of their Intellectual Property Rights or disclose their Proprietary Information.
FORCE MAJEURE
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
If any Party is prevented or delayed in performing any obligation under this Agreement for any reason beyond the reasonable control of that Party, then that Party shall be excused from performing or timeously performing that particular obligation for the duration of that prevention or delay. Any Party so prevented or delayed shall inform the other in writing of that prevention or delay as soon as reasonably possible after the circumstances causing such prevention or delay has arisen.
The Parties shall do everything reasonably possible to prevent, avoid or limit the duration or effects of any such prevention or delay. Upon termination of the circumstances giving rise to any such prevention or delay, the Party so prevented or delayed shall forthwith give written notice to the other Party. While any such prevention or delay continues, the Parties shall continue to comply with their obligations under this Agreement which are not affected by it, to the extent that they are able lawfully to do so, subject to the right of the other Party not prevented from continuing with all its obligations under this Agreement to cancel this Agreement by giving 30 calendar days’ written notice of such termination to the other Party. Upon such notice the other Party has thirty (30) days to complete a data transfer process, calculated from the date of notice.
PLACE OF JURISDICTION
This agreement is subject to the laws of the Republic of Cyprus. In the event of a dispute related in any way to or arising from Your use of our Website and our Services, the dispute shall be resolved by the laws of the Republic of Cyprus.
DISPUTE SETTLEMENT
By agreeing to this service agreement and our Privacy Policy, you agree that the sole and exclusive forum and remedy for the resolution of disputes and claims shall be conducted and settled through final and binding arbitration.
In the event of any dispute or difference arising between the Parties out of, or in relation to, or in connection with this agreement, or the interpretation thereof, or its termination, both while in force and after its termination, the Party claiming such dispute or difference shall forthwith advise the other in writing thereof.
Should the Parties fail to resolve such dispute or difference through arbitration, either party may seek injunctive relief in state or federal court located in the Republic of Cyprus, (a) concerning infringement, misappropriation or other violation by either party of the other party’s Intellectual Property Rights, and (b) estatebud.com may seek injunctive relief in state or federal court located in Cyprus concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
To the extent permitted by law, both Parties agree that each may bring claims against the other not as a plaintiff or class member in any purported class or representative proceeding. Both Parties further agree that no arbitration or claim shall be joined to other proceedings, or claims, including any other arbitration or claim, involving either party.
CONFIDENTIALITY
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one year after such claim or cause of action was discovered or be forever barred.
SPECIAL ADMONITIONS
With respect to the global nature of the Internet, You agree to comply with all applicable laws of Your country of residence regarding the transmission of data exported from Your own or another country.
SEVERABILITY CLAUSE
If any clause or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.
