Terms and Conditions

I. DEFINITIONS & TERMS

The Website is operated by Salamol International Ltd, a BVI Business Company on the 21st day of June, 2021, headquartered in Intershore Chambers #45, Road Town, Tortola, British Virgin Islands VG1110, hereinafter referred to as the "Company".

For the purposes of this document, the terms used shall have the following definitions:

• General Terms and Conditions (GTC) - The rules and legal provisions established by the Company to regulate the use of the Website by Users, Clients, and any other interested parties. These terms govern the relationship between the Company and those accessing or interacting with the Website and its Services.
• Website – The domain flight.cash and its subdomains, including all pages, content, functionalities, and features hosted within this domain, designed to facilitate the provision of services to users and clients.
• User – Any individual or legal entity who navigates the Website, whether or not they have created a personal Account. This term encompasses both passive users (browsing) and active users (interacting with the Website or Services).
• Client – Any User - individual aged 18 or older, or a legal entity - who submits a compensation request form through the Website. By submitting the form, the User initiates their engagement with the Services offered by the Company. Subsequent transactions, agreements, or interactions are subject to the fulfillment of the requirements specified in these GTC.
• Services - The activities provided through the Website, including, but not limited to, verifying eligibility and assisting in filing compensation claims for flight delays, cancellations, or denied boarding, as well as any other services described on the Website. These services are delivered under the provisions of these GTC.
• Contract - The agreement concluded between the Company and the Client for the provision of Services, governed by these GTC, the Privacy Policy, and, where applicable, the Assignment Agreement. The Contract becomes effective upon the Client's acceptance of the GTS.
• Account - The personal account created by the User to access certain features or services on the Website.
• Airline - A commercial airline that operated the flight for which the Client seeks assistance or compensation through the Company’s Services.
• Air Passenger Rights Regulations - Any law, regulation, directive, international convention, or similar legal instrument that provides passengers with the right to monetary compensation, damages, or refunds due to overbooked, delayed, canceled, or otherwise disrupted flights or luggage-related issues. These may include but are not limited to: Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, The Montreal Convention 1999, and any general consumer protection laws relevant to air travel.
• Assignment Agreement - A document, in electronic or other format, entered into between the Client and the Company. This agreement assigns the Client’s Claim to the Company, granting the Company full legal rights to pursue, manage, collect, and receive any payments related to the Claim. The terms and conditions governing this agreement are specified within the document and ensure that the Company acts exclusively on behalf of the Client for the purposes outlined therein.
• Claim - Any request for monetary compensation, damages, or refunds submitted by the Client against an Airline, based on applicable Air Passenger Rights Regulations. Claims may include, but are not limited to, government-regulated passenger compensation for flight delays, cancellations, denied boarding, and any items related to flight delay, cancellations, or boarding denials that are deemed to be the fault of the airline. No other claims against the airline shall be allowed.
• Power of Attorney - User further authorize FlightCash (Salamol International Limited) to be granted Power of Attorney rights over my claim and to create and use my digital signature on my behalf as further authorization for Power of Attorney over my claim.

II. GENERAL PROVISIONS

The use of the Website and the contractual terms applicable to the relationship between the Company and its Users and Clients are governed by these GTC. By accepting the GTC, you expressly agree to the following:

• The User will act on their own behalf when using the Website and, if acting as a representative of an individual or legal entity, will not exceed the scope of the authority granted.
• The User will provide accurate and complete information to enable the use of the Website.
• The User will not use the Website in any way that could negatively impact the availability of its resources or the ability of others to use it, nor in any way that could damage, disable, overload, or impair the Company’s servers, networks, or those of third parties.
• The User will not use the Website for any purpose that is unlawful or prohibited by these GTC or other relevant policies.
• The User will comply with all specific obligations detailed in the dedicated sections of this GTC below.

The User must acknowledge and accept these GTC by checking the box stating, "I have read and agree to the General Terms and Conditions of the Website." This acknowledgment is mandatory whenever the User wishes to create an Account or complete a compensation claim form, alongside accepting the Privacy Policy.

To ensure proper use of the Website, the User must carefully read and comply with these GTC and any other applicable policies that are notified or made available to them at any time on the Website.

The User acknowledges that the Company reserves the right to amend the GTC or other policies at any time. Users will be notified of such amendments and continuing the use of the Website, including access to an Account or any of its functionalities, after the Company has issued a notification of changes to the GTC, constitutes the User’s acceptance of those changes. Users are responsible for reviewing the GTC and other relevant policies before using any of the Website’s functionalities to ensure awareness of applicable terms.

The Company expressly limits its obligations to the exercise of diligence and reasonable efforts in the provision of its services. Under no circumstances does the Company guarantee the achievement of a specific outcome, result, or success in connection with the services provided through the Website, including but not limited to compensation claims.

The Company’s role is strictly limited to facilitating communication, supporting procedural steps, and acting in good faith to assist Users and Clients within the scope of the services described in these GTC. The Company disclaims any liability for outcomes that depend on factors beyond its control, including but not limited to the decisions of third parties (such as airlines) or judicial authorities.

By using the Website and accepting these GTC, the User acknowledges and agrees that the Company’s obligations are of diligence, not of result, and that the Company shall not be held liable for any unfavorable outcomes, delays, or inability to achieve the desired objectives.

The User further acknowledges and agrees to these GTC, as well as any amendments thereto, by continuing to access and use the Website or its services following notification of such changes.

III. GENERAL CONDITIONS FOR THE USE OF THE WEBSITE

The Website flight.cash provides a platform designed to assist Users and Clients in understanding and exercising their rights as air passengers. By using the Website, you gain access to tools and services that simplify the process of submitting and managing claims related to flight disruptions, cancellations, delays, denied boarding, and other travel-related issues, in accordance with applicable passenger rights regulations.

The services offered through the Website include, but are not limited to:

1. Account creation and use: Users must create a personal account, which allows access to the platform's features, including the ability to track claims and receive updates.
2. Compensation form completion: Users are required to submit detailed flight information, supporting documents, and any relevant details to initiate the compensation claim process.
3. Eligibility assessment: The Company will verify whether a flight qualifies for compensation under applicable regulations.
4. Assignment Agreement: For eligible claims to move forward, Users are required to sign an Assignment Agreement to grant the Company the legal authority to act on behalf of the Client in pursuing compensation from the airline.
5. Compensation claims submission: Facilitating the preparation and submission of Claims to Airlines.
6. Claim management: Overseeing the progress of submitted Claims, including communication with Airlines and, where applicable, legal representation. Further details regarding account creation, form submission, and the subsequent steps involved in managing claims will be explained in the following sections.

3.1. Creating and Managing Your Account

To access the full functionality of the Website flight.cash, Users must create a personal account by following these steps:

• Account registration:
  • Click on the "Register" button on the Website.
  • Complete the registration form by providing a username, email address, and password.
  • Agree to the Terms and Conditions and the Privacy Policy by checking the mandatory box.
• Login process:
  • Navigate to the "Login" section of the Website.
  • Enter the registered email address and password, then click "Login".
  • Successful login grants Users access to the "My Claims" interface.
• My Claims interface:
  • View detailed information about submitted claims, including the data they provided.
  • Check the current status of their claims as updated by the Company.
  • Access any additional features or updates related to their claims.

3.2. Claim Submission Process

To submit a Claim for flight compensation on the Website flight.cash, Users must complete a multi-step form. Each step gathers essential details to determine eligibility and prepare the Claim. The process is designed to be user-friendly, guiding Users through successive interfaces with a "Next" button for navigation.

To begin the process, the User must provide basic flight information, starting with the departure airport and the final destination, selected from dropdown menus. If the journey included connecting flights, the User will be asked to confirm this detail. Next, the form prompts for more specific flight details, such as the airline, flight number, and flight date, which can be selected from a calendar.

The User is then asked to specify the type of disruption they experienced, choosing from options such as delayed flight, canceled flight, or denied boarding. If the claim involves a delay, the User will be required to indicate the duration of the delay in hours. Additionally, the form includes a question about whether the User voluntarily gave up their seat in exchange for benefits offered by the Airline.

To proceed, the User needs to provide their personal details exactly as they appear on their identification, including their first and last name and a valid email address. Supporting documentation, such as the boarding pass or e-ticket, as well as a passport or ID copy, must also be uploaded to validate the claim.

In the final steps, the User is asked a few additional questions, such as whether they have already contacted the airline, their preferred communication language, and where the ticket was purchased. There is also an optional field to provide any further details about the disruption or overbooking and to share how they heard about the platform.

Once completed, the Claim will be submitted and visible in the "My Claims" section of the User's account for tracking.

3.3. Eligibility Assessment

The Company conducts a thorough review of the User’s submitted flight details to determine whether the Claim meets the criteria established under applicable air passenger rights regulations. Upon receiving the submission, the Company evaluates the information provided to assess eligibility.

The Company is committed to completing the eligibility review and providing the User with a verdict within a reasonable time from the date of submission. Once the review is finalized, the User is notified of the outcome through their account dashboard or the registered email address.

• Eligible Claims: Users are guided on how to proceed with the Claim submission process.

  Disclaimer: An "eligible" claim does not automatically guarantee compensation, as this outcome depends on various factors beyond the eligibility assessment.

• Ineligible Claims: Users are provided with a clear explanation of the decision and, where applicable, suggestions or advice for alternative solutions.

  Disclaimer: The determination that a claim is ineligible is based on the information and documentation provided by the User during the assessment.

3.4. Assignment Agreement

For eligible Claims to proceed, Users are required to sign an Assignment Agreement that grants the Company the legal authority to act on their behalf in interactions with the airline. The Assignment Agreement ensures a clear and binding arrangement, enabling the Company to represent the Client effectively. By signing the Assignment Agreement, the Client:

• a. The Client agrees to receive legal assistance services from the Company and its partners, which commits to pursuing the compensation claim unless the Company informs the Client within a reasonable timeframe that it cannot proceed with the case.
• b. The Client guarantees they have the legal authority and capacity to sign the Assignment Agreement on their own behalf and, where applicable, on behalf of any other passengers (including minors) who traveled with them.
• c. The Client declares that the compensation claim has not been transferred to third parties, nor is there any ongoing or pending legal dispute with the airline regarding the same matter.
• d. Once the Assignment Agreement is signed, the Client cannot transfer the claim to another party, as the legal title to the claim is transferred to the Company. Any existing commitments or assignments must be canceled before signing.
• e. After signing the Assignment Agreement, the Client must cease all direct negotiations with the Airline and redirect any Airline communications to the Company to ensure the claim's optimal resolution.
• f. If the Client receives any direct payments or compensation from the airline after signing the agreement, they must notify the Company immediately. Such payments are considered compensation, entitling the Company to its service fees and litigation fees (if applicable).
• g. If legal action is required to pursue the Claim:
  • The Client authorizes the Company to engage legal representatives, granting them access to all relevant data and documents.
  • The Client agrees to sign additional legal documents if requested by courts or authorities, such as powers of attorney, sworn statements, or authentication certificates.
  • The Client understands that if a claim is reassigned for procedural reasons, it will revert to the Client’s ownership before signing legal documents.
• h. The Client authorizes the Company to make settlement decisions on their behalf, ensuring the best possible outcome. For claims pursued under an Assignment Agreement, the Company may accept or reject settlement offers at its sole discretion.
• i. The Client must provide accurate and complete data necessary for pursuing the claim. Providing false or incomplete information may negatively impact the Company’s ability to deliver services.
• j. If the Client provides fraudulent or intentionally incorrect information, they are liable for any resulting costs or damages incurred by the Company.
• k. The Client must promptly update the Company on any changes in personal or claim-related information to avoid delays or issues in processing.
• l. The Client acknowledges that obtaining compensation may involve lengthy procedures, especially if litigation is required. While the Company strives for efficient resolutions, the outcome may take months or even years, depending on the case's complexity and jurisdiction.
• m. By adhering to this procedure, the Client and the Company collaborate to ensure a structured and transparent process for obtaining rightful compensation.

3.5. Procedure for Obtaining Compensation

Once the Assignment Agreement is signed by the Client, the Company assumes full responsibility for pursuing the compensation claim. This includes all necessary steps, from initial notification to the airline to potential legal proceedings if required. The Company's actions are structured as follows:

1. (i) Initial Notification to the Airline
   After receiving the signed Assignment Agreement and all required supporting documents, the Company sends a formal notification to the airline. This notification outlines the claim details, including the nature of the disruption (e.g., delay, cancellation, or denied boarding), the compensation amount sought, and the legal basis for the claim under applicable air passenger rights regulations.
2. (ii) Negotiations with the Airline
   If the airline responds to the initial notification, the Company initiates negotiations to secure the compensation on behalf of the Client. The Client can track the progress and view updates regarding the status of their claim directly on the platform.
3. (iii) Escalation to Legal Proceedings
   If the airline fails to respond within a reasonable timeframe or denies the claim without valid justification, the Company may escalate the case to legal proceedings. This step involves:
   • Engaging legal representatives or external counsel, as necessary, to file a claim in the relevant court or tribunal.
   • Preparing all required legal documentation, including filing petitions, compiling evidence, and submitting supporting documents.
   • Representing the Client’s interests in court, pursuing the claim with professionalism and persistence. The Client acknowledges that litigation may result in extended timelines and that outcomes depend on factors beyond the Company’s control, such as court schedules, procedural requirements, and the airline’s defense strategies.
4. (iv) Final Resolution
   The process concludes when the Claim is resolved through one of the following outcomes:
   • a) Successful compensation: The airline agrees to pay the compensation amount, which is then transferred to the Client after deducting the applicable service fees outlined in these GTS and the Agreement.
   • b) Negative outcome – rejection by the Airline: If the airline, after receiving the notification, rejects the claim based on substantiated reasons (e.g., extraordinary circumstances or other defenses under applicable law), the Company will inform the Client. In such cases, the Company cannot be held liable for the rejection, as it is based on factors outside its control.
   • c) Court decision – favorable: If the claim proceeds to litigation and the court awards compensation, the Company will facilitate its collection and transfer to the Client after deducting the applicable service fees outlined in these GTS and the Agreement.
   • d) Court Decision – unfavorable: If the court rejects the claim for any reason (e.g., insufficient evidence, procedural issues, or legal interpretations), the Company cannot be held liable for the outcome. Note that the court decision rests solely with the judiciary, and the Company assumes no responsibility for the outcome of the legal process. The Company’s role is strictly limited to facilitating communication and providing procedural assistance, without assuming any obligation to achieve a specific result. Court decisions, whether favorable or unfavorable, shall be deemed final and binding.

IV. FEES AND PAYMENTS

4.1 General Provisions

The Service is provided on a "no win, no fee" basis. Users are not required to make any upfront payments or incur hidden fees to initiate the compensation process.

This means the Company will not charge any fees unless compensation is successfully secured on behalf of the Client. In such cases, the Company will retain a service fee, as specified in the Assignment Agreement and detailed in these GTS. The applicable fee percentage depends on the stage at which the compensation is obtained (e.g., during negotiations or after litigation).

4.2 Service Fees

All fees are transparently outlined so the Users can access at any time before engaging with the Company's services. The fee structure includes:

• Standard compensation fee: If the claim is resolved without litigation (e.g., through negotiation with the airline), the Company will retain a 25% service fee from the compensation amount.
• Litigation fee: If litigation is necessary to secure compensation, an additional litigation fee of 50% will apply to cover legal expenses.

4.3 Payment to the Client

Once compensation is secured, the Company will transfer the agreed amount to the Client after deducting the applicable service fees. Payment will be made using the method selected by the Client during the claim process.

If the Client provides incorrect or incomplete payment information and the transfer fails, the Company will make reasonable efforts to contact the Client to resolve the issue. If the Client does not respond or provide accurate payment details within 30 days, the Company reserves the right to retain the compensation amount.

4.4 Direct Payments from Airlines

In cases where the Client receives compensation directly from the airline, the Client must notify the Company immediately of the payment. In this case, the Company will issue an invoice for the applicable service and litigation fees, which the Client must pay without undue delay.

Failure to comply with this provision may result in additional legal measures to recover the outstanding fees.

4.5 Liability for Payment Errors

Once the compensation has been transferred to the Client, the Company is not responsible for:

• Loss of payment during transit due to issues with checks, prepaid debit cards, credit cards, or other transfer methods selected by the Client.
• Payments made to an incorrect recipient due to inaccurate bank account details, address information, or similar errors provided by the Client.

In such cases, the Company is not obligated to recover the funds but may assist the Client in addressing the issue with the relevant financial institution or airline.

4.6 Interest and Delays

The Client is not entitled to claim interest for the period between the receipt of funds by the Company and the transfer to the Client.

The Company will not be held liable for any delays in transferring compensation caused by factors beyond its control, including:

• Incorrect or incomplete payment information provided by the Client.
• Delays caused by financial institutions or third-party payment processors.
• Events of force majeure, as outlined in these GTS.

V. RIGHTS AND OBLIGATIONS OF THE COMPANY, INCLUDING LIMITATIONS OF LIABILITY

5.1 Right to Dismiss or to Discontinue Claims

The Company reserves the exclusive right, at its sole discretion, to dismiss, continue pursuing, or terminate its involvement in any compensation Claim at any stage, including immediately after the completion of the initial form submission, during the eligibility assessment, or at later stages such as negotiation or litigation.

The following conditions may lead to such a decision:

• If the Client fails to provide adequate documentation or information to substantiate the claim, or if the evidence submitted does not align with the requirements of applicable air passenger rights regulations.
• If the Client fails to respond to requests for additional information, documentation, or clarification within a reasonable timeframe, or otherwise impedes the Company's ability to pursue the claim.
• If legal developments, regulatory changes, or other external factors render the claim impracticable or legally unsustainable.
• If the financial or operational resources required to pursue the claim significantly outweigh the expected compensation or benefit, making the continuation of the claim impractical.

In exercising this right, the Company shall notify the Client of its decision, providing a brief rationale where applicable. The Client expressly acknowledges and agrees that:

• The Company’s decision to discontinue a claim will be made based on clear and reasonable grounds and shall not be arbitrary or disproportionate.
• The Company’s decision to discontinue a claim is final and binding.
• The Company shall not be held liable for claims it decides not to pursue, whether due to insufficient evidence, low probability of success, or other valid reasons.

By agreeing to these GTS, the Client waives any right to dispute the Company’s decision to terminate a claim in the above-mentioned scenarios.

5.2 Right to Adjust the Fees

The Company reserves the right to amend its fee structure, at any time, ensuring compliance with applicable laws and transparency in communication.

Fee adjustments will not apply to Claims that have already been submitted and accepted under the previous Fees. For these claims, the fee structure agreed upon at the time of submission will remain binding throughout the claim process, regardless of subsequent changes to the Fee Schedule.

Revised fees will apply exclusively to claims submitted after the effective date of the updated fee structure. To ensure clarity and transparency, the Company commits to explicitly informing the Client of the applicable fees at the time of each new Claim submission.

By continuing to use the Website or submitting new claims after being notified of fee adjustments, the Client explicitly acknowledges and agrees to the revised Fees.

5.3 Obligation of Means

The Company undertakes to provide its services with diligence, professionalism, and in accordance with industry standards, but does not guarantee the success or outcome of any compensation claim. The Client acknowledges and agrees that the Company’s role is to employ reasonable efforts within the limits of applicable law and resources and expertise in pursuing the claim, without any obligation to achieve a specific result.

The Company commits to using its best efforts to pursue claims on behalf of the Client. This includes performing eligibility assessments, preparing and submitting claims, engaging in negotiations with airlines, and, if necessary, initiating legal proceedings. However, the Company cannot guarantee a favorable outcome in all cases.

5.4 Limitations of Liability

5.4.1 Factors Beyond the Company's Control

The success of any claim depends on various factors beyond the Company’s control, such as:

• The accuracy and completeness of the information and documentation provided by the Client. The Client is solely responsible for ensuring that all information and documentation provided to the Company is accurate, complete, and authentic. Any errors, omissions, or falsifications may adversely affect the claim and relieve the Company of further responsibility.
• The airline’s willingness to cooperate or settle the claim. The outcome of a claim significantly depends on the airline's willingness to cooperate, respond, or settle. The Company cannot control or predict the actions of the airline, which are beyond the Company's control.
• Legal, regulatory, or procedural challenges that may arise during the claim process.
• The decisions of courts or other adjudicative bodies in cases involving litigation.

5.4.2 Exclusions of Liability

The Company shall not be held liable for:

• Claims that are rejected by Airlines due to insufficient evidence, lack of legal grounds, or other reasons not attributable to the Company's negligence.
• Unfavorable rulings, judgments, or decisions by courts, tribunals, or regulatory bodies, including reductions in compensation amounts or complete dismissals.
• Any delays, or failures by third parties—including airlines, legal representatives, courts, regulatory authorities, or postal services—that impact the processing or outcome of a claim.
• Any delays or failures in service caused by Force Majeure events as detailed in section X;
• Interruptions, delays, or malfunctions of the Website due to technical problems, server outages, software bugs, or internet connectivity issues.
• Any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, loss of opportunity, loss of data, emotional distress, or damage to reputation arising from the use of the Website or services.
• Losses resulting from unauthorized access to the Client's account unless such access is directly caused by the Company's failure to implement reasonable security measures. Clients are responsible for maintaining the confidentiality of their login credentials and must promptly notify the Company of any suspected unauthorized use.
• The Company is not responsible for the accuracy or reliability of information provided by third parties, including airlines, airports, regulatory bodies, or other external sources.
• The Company does not warrant that the Website will be available at all times or free from errors. The Client uses the Website at their own risk, and the Company is not liable for any harm resulting from downloading, accessing, or using any content on the Website.
• The Company provides services on a best-effort basis and does not guarantee any specific outcome, compensation amount, or time frame for resolving a claim.

5.4.3 Survival of Limitations of Liability

The limitations of liability outlined in this section shall survive the termination or expiration of any agreement between the Client and the Company. By accepting these GTS, the Client expressly acknowledges and agrees to the limitations of liability as detailed above, understanding that the Company operates with an obligation of means and not an obligation of result.

VI. RIGHT OF WITHDRAWAL

If you qualify as a consumer under EU consumer protection regulations—meaning you are a natural person entering into a legal transaction for purposes that are neither commercial nor part of an independent professional activity—you are entitled to a statutory right of withdrawal.

You have the right to withdraw from this Agreement within 14 calendar days from the date of its conclusion without providing any reason. After the expiration of the 14-day period from the conclusion of the Contract, the User no longer has the right to withdraw from the Contract, and any request submitted in this regard will not be considered by the Company.

To exercise your right of withdrawal, you must notify the Company in a timely and explicit manner, clearly stating your intention to withdraw from the Agreement. You can use the following contact details to send your notice of withdrawal: [email protected].

By accepting these General Terms and Conditions and requesting our Services, you expressly consent to us beginning the performance of the Services before the end of the 14-day withdrawal period. You acknowledge that once the Service has been fully performed by us, you will lose your right of withdrawal.

Upon successful withdrawal, the Company will cease any ongoing processing of your compensation claim.

Due to the nature of the services provided, if the airline has already accepted your compensation claim or if we have fully performed the Service with your prior express consent and acknowledgment of the waiver of the right of withdrawal, the right of withdrawal does not apply.

VII. PRIVACY

For details regarding the processing of personal data on the Website, please refer to the Privacy Policy.

VIII. COPYRIGHT ISSUES RELATING TO THE USE OF THE WEBSITE

The content and functionalities available on the Website are protected by applicable copyright and intellectual property laws. This includes, without limitation, the software, text, images, design, structure, and any other material or information made available through the Website.

Unless explicitly authorized by the Company in writing, any use of the Website's content that exceeds personal and non-commercial purposes is strictly prohibited. Such prohibited actions include, but are not limited to:

• Copying, reproducing, modifying, or distributing the content in any form;
• Engaging in reverse engineering, decompiling, disassembling, or publishing the content on other platforms;
• Framing, distributing, redistributing, sublicensing, licensing, or transferring content for any commercial or public purpose;
• Using or processing the content or software for unauthorized purposes.

The User's access to and use of the Website does not imply a waiver, transfer, licensing, or assignment of intellectual property rights owned by the Company or its affiliated third parties. The User understands and agrees that unauthorized use of the Website’s content constitutes a violation of the intellectual property rights of the Company or its partners, and such actions may result in the Company exercising all available legal remedies.

Nothing on the Website shall be interpreted as granting, directly or indirectly, any express or implied license or right to use any part of the content without the prior written consent of the Company. Similarly, no part of the content may be incorporated into any electronic or mechanical information system, other than for personal use as authorized by the Company.

The User is prohibited from accessing or using the Website in a manner that may damage or disrupt its functionality, servers, or networks, or that interferes with other users’ rights to access and use the Website. Any such activity will be subject to legal action by the Company.

By accessing the Website, the User acknowledges and agrees to these intellectual property provisions, and any breach of these terms will result in appropriate legal consequences, including claims for damages.

IX. INDEMNIFICATION

9.1.

The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and affiliates from and against any liability, loss, claim, and expense, including but not limited to reasonable attorneys' fees and costs, arising out of or related to:

• the User breach of these GTS or any other relevant policies;
• improper use of the Website or the Services by the User;
• The User's violation of any applicable laws or regulations;
• failure to respect or violation of copyright, intellectual property rights, or other rights of third parties by breaching the "Intellectual Property" clause in these Terms and Conditions.

9.2.

The Company shall promptly notify the User of any claim for which it seeks indemnification and shall provide reasonable cooperation in the defense of the claim, at the User's expense.

X. FORCE MAJEURE

All force majeure events constitute grounds for the Company’s exemption from liability for any failure to fulfill its obligations resulting from the occurrence of such events.

Neither party shall be held liable for failure to perform its obligations under these GTS if such failure, whether in whole or in part, is caused by a force majeure event. A force majeure event is defined as any external, unforeseeable, absolutely unavoidable, and insurmountable event.

If the force majeure event does not cease within fifteen (15) days from its occurrence, either party has the right to notify the other of the cancellation of any ongoing orders or agreements, without any party being entitled to claim damages or compensation from the other.

The Company shall not be held responsible for non-performance or delays caused by force majeure events.

XI. COMPLAINTS AND DISPUTES

The Company's liability is limited to matters arising from the availability and functionality of the Website and the Services it provides. However, to accommodate Clients and Users, the Company offers a dedicated customer support service through which Users can submit any complaints or reports regarding the Services provided through the Website or any issues related to their interactions with the Company.

The Company will review and address complaints and/or reports submitted by Users, analyze them, and, if necessary, work with relevant parties to identify the facts and propose potential solutions. The Company will respond to the User as promptly as possible, based on the following provisions:

If the User has a complaint regarding the functionality of the Website or related Services, they may contact the Company using the following communication channels:

• Email: [email protected]
• Live Chat: The live messaging functionality available on the Website, operating between Monday to Friday, 9 AM to 6 PM.

The Company will respond to written complaints via email or the live chat functionality within 30 days, providing a reasoned response. A copy of the reply will be retained for 3 years and made available to inspection authorities upon request.

If the objections raised by the User cannot be resolved through the complaint process or if disputes cannot be settled amicably, the User may utilize the following resolution forums and mechanisms:

• (i) Alternative Dispute Resolution (ADR) Platforms:
  • ECC: https://www.eccnet.eu/consumer-rights/how-enforce-my-consumer-rights/alternative-dispute-resolution
  • SOL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO
• (ii) Legal Remedies: If no resolution is achieved through the above mechanisms, the User may bring the matter before the competent court.

XII. MISCELLANEOUS PROVISIONS

12.1. Amendments to the GTC

The Company reserves the right to unilaterally amend these GTC or any other relevant policies regarding the use of the Website at any time. Amendments will be communicated to Users in accordance with applicable laws and prior notification will be provided when required by legal provisions.

Users will be informed within reason, of any amendments to the GTC via notification sent to the email address associated with their account. The Company shall not be held liable for non-receipt of such notifications due to invalid or inaccessible email addresses provided by the User.

By continuing to use the Website following the notification of changes, the User explicitly agrees to and accepts the amended GTC. If a User does not agree with the proposed changes, they have the right to discontinue using the Website and its associated services.

12.2. Website modifications

The Company reserves the right to modify, remove, or update parts of the Website or its features, including but not limited to services, functionalities, and design, at any time, without prior notice. Users are informed that such changes may affect the availability or quality of services provided on the Website.

12.3. Technical requirements

Access to the Website requires an internet connection. While no specific technical requirements are imposed for such a connection, the quality of the Website’s services may vary depending on the speed and stability of the User’s internet connection.

12.4. Platform availability and limitations

The Company does not guarantee that the Website will meet all User expectations or be continuously available without interruption, errors, or technical issues. The User acknowledges the inherent technological limitations of the Internet and accepts that occasional interruptions or errors may occur despite the Company’s efforts to maintain the Website’s functionality.

12.5. Languages

The Website is available in multiple languages. Users can select their preferred language in their account settings. The English version of these Terms shall prevail in the event of any discrepancies with any other language version.

12.6. Contractual nature of the GTC

These GTC represent a binding agreement between the User and the Company for the use of the Website and its services. The structuring of the document into sections and subheadings is for clarity and ease of reference only and does not affect the interpretation, application, or obligations of the parties under this agreement.

12.7. Severability Clause

If any provision of these GTC is deemed invalid, void, or unenforceable under applicable law, such provision shall be deemed excluded from the GTC without affecting the validity and enforceability of the remaining provisions.

12.8. Governing Law

These GTC, including the rights and obligations of the parties, as well as all resulting legal effects, are governed and interpreted in accordance with the applicable laws of BVI. For matters not expressly regulated within these GTC, the relevant provisions of BVI law shall prevail.

However, if you are a consumer residing in the European Union, you may benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

12.9. Dispute Resolution

The Parties agree to attempt resolving disputes amicably before seeking judicial remedies. If amicable resolution fails, disputes arising from or related to these GTC will fall under the exclusive jurisdiction of the courts in the location of the Company’s headquarters.

Any disputes arising out of or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of BVI, without prejudice to your rights under Article 18 of the Brussels I Regulation (EU Regulation No. 1215/2012) to bring proceedings in the courts of your place of habitual residence.

12.10. Acknowledgment

By using the Website, Users expressly acknowledge and agree to the provisions of these GTC, including those related to Definitions & Terms, General conditions for the use of the website, Fees and payments, Rights and obligations of the company, including limitations of liability, Intellectual property, Force majeure, Complaints and Disputes.