Terms of Service

This Terms of Service Agreement (“Terms”, “Terms of Service”) governs your („you“, „Customer“) relationship with www.moderan.net website (the “Service”) operated by Moderan Solutions OÜ (“us”, “we”, or “our”).

Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Your use of the Service is at your sole risk. The Service is provided on an „as is“ and „as available“ basis.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Moderan Solutions OÜ cancels it. You may cancel your Subscription renewal by contacting Moderan Solutions OÜ customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Moderan Solutions OÜ with accurate and complete billing information including full name, address, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Moderan Solutions OÜ to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason or if you have agreed with us to pay by invoice, Moderan Solutions LLC will issue an electronic invoice in the beginning of each Billing Cycle indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. In case of delay with the payment, we shall have the right to request from you a fine of 0,5% of the outstanding amount for each calendar day of delay.

Free Trial

Moderan Solutions OÜ may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Moderan Solutions OÜ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Moderan Solutions OÜ reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Moderan Solutions OÜ, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Moderan Solutions OÜ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to input, upload, link, store and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. We claim no intellectual property rights over the materials you provide to the Service. All materials uploaded remain yours.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You grant us a license to use, copy, transmit, store and back-up your Content for the purpose of enabling you to access and use the Service and for any other purpose related ot the provision of services to you.

The detailed regulations for data processing by the Service are specified in the “Contract on the commissioned processing of personal data in accordance with the EU General Data Protection Regulation (DPA)”. The DPA is part of the Moderan Terms & Conditions.

We encourage you to maintain copies of all data inputted into the Service. We adhere to our best practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not make any guarantees that there will be no loss of data. We expressly exclude liability for any loss of Content no matter how caused.

Confidentiality

Both you and we should keep in secrecy the confidential information about the other, which became known to them in connection with the conclusion and execution of the Terms for the use of the Service, especially information about the business activities of the Customer, technical solutions and security requirements related to the execution of the Terms, and other sensitive information, which is not available in public. Neither you or we will, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as described in these Terms.

Confidentiality clauses shall not apply to any information which:

• Is or becomes public knowledge other than by a breach of this clause.
• Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
• Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party.
• Is independently developed without access to the confidential information.

Accounts

When you as a Customer create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Customer is liable for all the users acting in Customer’s name and shall ensure that a user acting in the name of the Customer fulfils unwaveringly these Terms and requirements for the use of the Service. Customer is responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).

You must be a human. Accounts registered by „bots“ or other automated methods are not permitted.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Moderan Solutions OÜ.

Moderan Solutions OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Moderan Solutions OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Cancellation and Termination

You are solely responsible for properly canceling your account. To cancel your account, send your cancellation request to info@moderan.net .

You and we both have the right for ordinary termination of the Service at any time and irrespective of the reason, notifying the other thereof in writing in 30 (thirty) calendar days in advance.

We may terminate or suspend your account immediately, without prior notice or liability, if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@moderan.net .