This document includes the following terms:
- MANIGO TERMS of SERVICE govern your contractual relationship with a Technical Service Provider (as defined in Section 1) in support of the Card Issuer's provision of payment services (including Addendum 2 contains the applicable Fee Schedule)
- CARDER'S TERMS AND CONDITIONS govern your contractual relationship with the Card Issuer (as defined in Section 1) when using the A2z VDC.
All terms are important and together make this Agreement applicable to you. If you find anything in this document that you disagree with, please:
- Do not use A2z or part of it
- Don't use the "register early and earn rewards" option
- Do not download the A2z app
If you have created a User account, stop using the Platform immediately and/or delete your User account.
When we say "AML/CTF", we mean applicable Anti-Money Laundering/Anti-Terrorist Financing regulations and requirements.
When we say “Card Issuer”, we mean CashFlows Europe Limited (registration number 5428358), CPC1, Capital Park, Cambridge, CB21 5XE, United Kingdom, CashFlows Europe Limited is an issuer of cryptocurrencies regulated by the Financial Conduct Authority under registration number FRN: 900006.
When we say "Content" we mean all A2z’ features and technical resources available to users, including but not limited to information, data, text, images, Videos, sound clips, software, scripts, graphics, and interactive features created, provided, or otherwise made available on or through the Platform.
When we say "Enterprise", we mean a A2z User who is a legal entity.
When we say "Intellectual Property Rights", we mean any and all registered and unregistered rights granted, registered or present or hereafter existing under or in connection with any patent, copyright, trademark, trade secret, database protection or other intellectual property right, and all similar or equivalent rights or protections, in any anywhere in the world.
When we say "KYC", we mean due diligence on Users (called Know Your Customer) checks done in accordance with AML/CTF.
When we say "Party" or "Parties", we are referring to A2z and/or User.
When we say "A2Z", "we" or "us", we are referring to A2z, a company registered in Estonia, Keemia tn 4, 10616 Tallinn, TIN: 16108647, VAT number: EE102322835.
When we say "A2z" or "Platform", we are referring collectively to the A2z Website, Software and Services.
When we say “A2z Services”, we mean the A2z App, A2z referral program, A2Z token, A2z Cashback, A2z Airdrop, A2z Redemption Code and other services described above Platform Some A2z Services will be available after the effective date of the Terms, as further explained on the Website.
When we say "A2z App", we mean making the Software available to A2ZPAD in any version in whole or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools that allow Users to control their subscription to online services offered by third-party providers by allowing, snoozing or blocking payments as they occur out.
When we say “A2zpad Virtual Debit Card” or “A2zpad VDC” we mean virtual debit cards issued under the Agreement for each subscription to third-party services to be managed via A2zpad App under Manigo Terms of Service and Cardholder Terms and Conditions. A User may obtain two types of virtual debit cards: A2zpad VDC and A2zpad VDC Pro.
When we say “A2zpad Virtual Debit Card” or “A2zpad VDC” we mean virtual debit cards issued under the Agreement for each subscription to third-party services to be managed via A2zpad App under Manigo Terms of Service and Cardholder Terms and Conditions. A User may obtain two types of virtual debit cards: A2zpad VDC and A2zpad VDC Pro.
When we say "Subscription Plans" we mean A2zpad App plans, as described here.
When we say “Technical Service Provider” or “Manigo” we mean Manigo Services Limited, a company incorporated in England and Wales, with company number 9894618 and whose registered office is at LEVEL39 TECH HUB, One Canada Square, E14 5AB, LONDON UK. Manigo is a technical service provider under the terms of the Payment Services Regulations 2009 and provides support to the provision of payment services to you by Card Issuer. Manigo does not receive, hold, transfer or come into possession of User's funds. Manigo provides the following technical services: administering your enrollment into that service; receiving, and relaying your transfer instructions for execution by the Card Issuer and User; reporting services regarding the funds held or transferred for you by the Card Issuer and User; and, associated customer support.
When we say "User", "You" or "you" we refer to any person or entity, other than A2ZPAD , that uses, downloads, accesses or attempts to access Platform or any A2zpad Service.
When we say "User Content" we mean any content provided by the User to the Platform or A2zpad community or social media including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.
When we say "Website" we mean the website located at https://A2zpad .com/, as well as the related mobile apps and desktop apps collectively or each of them individually.
Defined words can be recognized throughout this document by the capitalized first letter.
Titles and headings provided in these TOU are for convenience and ease of access only and they will not affect the interpretation of the TOU.
WHO CAN USE A2ZPAD?
A2zpad is available only to persons of full legal capacity.
If you are a natural person, you need to be of age (legal age) to use A2zpad. The legal age depends on the applicable national la for Users (you may be 18 years old). By using A2zpad, you represent that you are of legal age. If you are under the required age, please stop using A2zpad immediately.
If you are an Individual User, or are accessing the A2zpad Services or Software, or browsing the Website, this Agreement is between you, individually, and A2ZPAD. If you enter into this Agreement on behalf of Business, you warrant that:
- You have full legal authority to bind Business to the Agreement
- You have read and understood the Agreement
- You represent that you have Enterprise's permission and authority to use Enterprise's User Content
- You agree to the Agreement on behalf of the Business You represent
Please note that, if you sign up for a certain Premium Plan using an email address from Business, you will be deemed to represent that Party and the word "User" or "you" in this Agreement will refer to that Enterprise.
Businesses and authorized users of enterprises are jointly responsible for authorized users' use of the platform or part of it. Any breach of the Agreement by any Authorized User will be deemed by Business and by Business Authorized Users to be a breach of such Agreement.
Given the nature of the Platform, the A2zpad App is only available to residents of the European Economic Area and the United Kingdom ("Territory").
The Platform or some parts of it may be accessed globally (e.g. subscription) and we cannot control who uses the Platform. However, even if you register outside of the Territory, you will not be able to use the A2zpad App to manage your subscription as you will not be able to receive the A2zpad VDC. In addition, use of other A2zpad Services, such as A2Z Tokens and A2Z crypto wallets (as explained below) may also be restricted outside of the Territory.
By opening a User account, you represent and warrant to us that opening a User account does not violate any laws or regulations applicable to you.
You authorize A2ZPAD , directly or through third parties, to make any requests we deem necessary to verify your identity. This may include:
- Ask you to provide additional information, such as your date of birth, taxpayer or national identification number, proof of your physical address, and other information that will allow us to identify you appropriately reasonable
- Ask you to take steps to claim your email address or financial instruments
- Verify your information against third-party databases or through other sources
- Require you to provide further documents, such as your driver's license s or other identification documents at any time
AML/CTF may require A2ZPAD to verify certain identifying information. A2ZPAD reserves the right to close, suspend or restrict access to your User account and/or the A2zpad Service in the event that, upon reasonable request, we are unable to obtain the necessary information about you. to verify your identity.
2. CONSENT AND SERVICES
The User will be bound by this Agreement in any of the following circumstances, whichever occurs first:
- When creating a User account
- Download the Software as a mobile application and accept these CONDITIONS
- If the User agrees or is deemed to have agreed to the Agreement. Any use, access or attempt to use or attempt to access the Platform will be deemed consent
- If the User pays for the A2zpad App
- If the User participates in any A2zpad Services (e.g. A2zpad Referral Program)
You acknowledge that A2zpad modify the features and functionality of the Platform or part of it during the Term of the Agreement. A2ZPAD will provide you with commercially reasonable advance notice of any substantial discontinuance of any significant feature or functionality.
A complete list and description of the A2zpad Services are available on the Site and Users should check the Content for up-to-date information.
We will provide the A2zpad Services to you pursuant to this Agreement. We will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, except (a) during planned downtime (we will notify you in advance). ); and (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, force majeure (c) internet outages beyond our control. within our control, (v) defects in the code, hardware, or Services for which no commercial fix is available. Specific Users may experience inability to use the Platform due to suspension or termination of their User account. However, we cannot guarantee that the Service will meet your requirements or be available on an ongoing, secure or error-free basis.
3. AGREEMENT AMENDMENTS
A2ZPAD, Card Issuer and Technical Service Provider reserves the right to change any of its third party service providers, with or without notice, which we, in our sole discretion, which is reasonable under the circumstances. You agree to cooperate with A2ZPAD, Card Issuers, Technical Service Providers and any other service providers as reasonably required to perform the services for which you are responsible.
4. ELECTRONIC COMMUNICATIONS
By accepting these CONDITIONS, you agree to this electronic contract. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email, meet any legal requirements for such communication in writing.
Please note that notices of any TOU modification under Section 3 (Agreement Amendments) or any material changes to the A2zpad Service or the Agreement that we will send pursuant to Section 17 (Notify).
We are legally obligated to notify you of the change in terms so that you can decide whether to continue using the A2zpad Services. Such communications are not marketing or promotional emails, and you may not unsubscribe from such communications. If you do not wish to receive such notices, you will need to terminate the Agreement by deleting your User account.
5. INTELLECTUAL PROPERTY
Except as otherwise provided in the Agreement, the Platform and all Content (including but not limited to the source code, the A2zpad Website and App "look and feel", Site copies, images, graphic elements graphics, user interfaces, sound and video clips, designs, databases, logos or other signs, domains, trade and business names, trademarks or service marks, any work customizations and other related materials) are protected by the Intellectual Property Rights of A2zpad r its affiliates, agents or licensors, as applicable.
The User has only the rights specified under this Section of the Agreement. The User may not acquire any other Intellectual Property Rights under this Agreement. No title may be transferred to any User, regardless of the use of terms such as "buy" or "sell" in the TOU or elsewhere on the Platform.
Any unauthorized use of the Platform and the Content and/or any part thereof, without our permission, will be considered a violation of Intellectual Property Rights. A2ZPAD will take all legal measures to protect its Intellectual Property Rights immediately upon becoming aware of such unauthorized use.
Any copying of the Content or downloading of the Content in whole or in part is permitted only with written consent from A2ZPAD.
A2ZPAD also reserves all Intellectual Property Rights not expressly granted in this Agreement.
If you believe that any material on this Website or the A2zpad Service, including any material posted by members, infringes your copyright, please notify us at [email protected]
If you are an individual user of A2zpad , in view of your acceptance of this Agreement and your payment of all applicable fees (if any), A2ZPAD grants you a limited, personal account, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the A2zpad Services for your personal purposes in accordance with the Agreement and any other instructions on the Platform.
If you are a A2zpad Business, subject to your acceptance of this Agreement and your payment of all applicable fees (if any), A2ZPAD grants you a limited, non-exclusive authorization, non-transferable, non-sublicensable, revocable to access and use the A2zpad Services solely for your internal business purposes, in accordance with the Agreement and any other instructions on the Platform.
If you are using the A2zpad Software, such as an API or other software application, that you have downloaded through a web or mobile platform, A2ZPAD grants you a limited, non-exclusive, non-exclusive license transferable, non-sublicensable, revocable to use the A2zpad Software in accordance with the documentation accompanying that Software and all updates, upgrades, and new versions of such Software.
Any other use of the A2zpad Platform, Software or Services, not specifically addressed in this Agreement, by any User, is prohibited. For example, you cannot:
- Publish, copy, rent, lease, lend, sell, create derivative works of, or transfer in any way the Software, the Website, the A2zpad Services or any part of the foregoing above;
- Distribute, transmit, publish or otherwise disseminate the A2zpad Software, Website, Services or any part thereof;
- Attempt to access or obtain the source code or architecture of the Software, or address any limitations or technical limitations in the Software;
- Reverse engineer, decompile or disassemble the Software, or attempt to do so;
- When using internet-based features, you may not use those features in any way that would interfere with anyone else's use of them, or attempt to gain access access or use any service, data, account, or network, in an unauthorized manner;
- Attempt to probe, scan, or test the vulnerability of the Website, the Service and/or the Software, or any related system or network, or violate any security or authentication feature or measure, and if you are blocked by A2ZPAD from accessing the A2zpad Platform or Services (including by blocking your IP address), you will not take any action to circumvent such blocking (for example, by masking your IP address or use a proxy IP address).
For the sake of clarity, the User may not have access to the source code under the Agreement and should not attempt to do so.
6. ACCEPTABLE USE
In order to use A2zpad (including participation in the A2zpad community and social media), each User must adhere to the following accepted usage rules:
- User must provide complete information for registration purposes.
- Users must provide accurate and up-to-date information. User must use correct contact information. Using false identities is strictly prohibited.
- The user will prevent any other person from using that user's account. The use of User accounts by more than one person is prohibited.
- A User can have only one User account.
- The user must maintain the confidentiality of the account and password and share it only with authorized persons. The user is responsible and responsible for any use of A2zpad through use of the account, whether authorized or unauthorized. A2ZPAD cannot be held liable for any loss, damage or expense incurred as a result of the user's failure to comply with this obligation. The user will be responsible for any loss, damage, liability and expense incurred by A2zpad r third parties as a result of the authorized use of the account. If you become aware of any unauthorized use of your account on A2zpad , you should notify us immediately by sending an email to [email protected] .com
- Users will not engage in activity that violates the privacy of others, or any misuse or illegal processing of personal data, nor will publicly display or use A2zpad to share share inappropriate content or material. Users must not violate any applicable laws or regulations in connection with your use of A2zpad .
- Users shall not access the A2zpad Services or the Software to build competing products or services, build products using similar ideas, features, functionality or graphics, or to copy any any ideas, features, functions or graphics.
- The User will not engage in the collection of web or data on or in connection with the Software or the Platform, including but not limited to the collection of information through any software that simulates activity. by humans or any bot or web crawler.
- Users will not automatically access the Website or the Services, including but not limited to, through the use of APIs, bots, scanning engines or other similar devices.
- Users are solely responsible for all activities that occur under their User accounts.
7. USER CONTENT AND USER DATA
A2ZPAD shall have no responsibility or liability for the accuracy of data uploaded by Users to the Software, including but not limited to User Data and any other data uploaded by Users.
By accepting this Agreement, each User represents and warrants that the User owns or has a valid and valid license to use all User Content. User Content will not infringe, appropriate or otherwise infringe the rights of any person or entity or any applicable law, rule or regulation of any governmental authority. The User remains the owner of the User Content and User Data under the Agreement.
However, by posting User Content on the A2zpad Platform or Community, you grant A2ZPAD a non-exclusive, irrevocable, transferable, sublicensable, royalty-free, worldwide and a license to use the User Content and related Intellectual Property Rights in any way in any known media now or in the future. You agree to waive moral rights and promise not to assert such rights against A2ZPAD.
You are also prohibited from providing false information on the A2zpad Community. If you become aware that information in your profile is no longer accurate, it is your responsibility to correct or notify A2ZPAD .
A2ZPAD reserves the right to refuse, limit or cancel the A2zpad Services to Users, terminate User accounts, or delete or edit User Content in its sole discretion. Therefore, when investigating alleged violations of this Agreement, A2ZPAD reserves the right to review your User Content to resolve the issue (such as to prevent harmful or illegal activity). A2zpad also access User Content when providing technical support or when performing other legal obligations under this Agreement.
However, A2ZPAD has no obligation to monitor User Content (and will not attempt to do so) and has no obligation to remove any User Content.
A2ZPAD is not responsible for any loss, damage, expense or other harmful consequences to any User caused by User Content.
In the event of becoming aware of illegal content, activities that violate anyone's intellectual property rights or personal information or any other rights, or activities that violate the Agreement , A2zpad , in its sole discretion, disable, close, temporarily or permanently limit access to any User account without any notice. A2zpad not be liable for any loss, damage or unintended consequences caused by such action.
A2zpad permanently delete User Data if a User account is past due, suspended or terminated for 30 (thirty) days or more.
8. SUBSCRIPTION TO A2ZPAD APP
By creating a User account at A2zpad , you automatically start your Free Subscription. The Free Subscription requires us to pay a protection fee per transaction of up to 4% of the value of the transaction.
You can choose to switch from a Free Subscription to a Paid Subscription at any time. When you choose to do so, we initiate a corresponding monthly subscription fee under the applicable Paid Subscription, and we do not charge a fee for protection. You can get Cashback in the amount of 4% in Withdrawal.
Anyone subscribing to any Premium Subscription or anyone authorizing or requiring others to place orders on their behalf will be responsible for any payments resulting from such subscription. All payments for Premium Subscriptions are due in advance on the first day of the billing period.
Subscription fees are subject to change at any time. Any fees are subject to change at any time and will be binding on the User under the following conditions:
- A2ZPAD sent 7 days notice;
- The User has not unsubscribed from the Premium Subscription during such period or before the end of the then current subscription period, whichever is later.
Such notice may be sent to the User by email to your most recently provided email address, or posted on the Website, or in any other manner chosen by A2ZPAD in its sole discretion. Commerce. You will be deemed to have received any such notice posted on the Website on the day following the date the notice was posted.
9. A2ZPAD VIRTUAL DEBIT CARD (A2ZPAD VDC)
Upon entering details of a subscription to a service provided by a third party and a successful KYC condition, each User will receive a A2zpad VDC for each subscription (including free trial subscriptions). Users are advised to use A2zpad VDCs for all service subscriptions offered by third-party providers that are believed to be managed through the A2zpad App. Use of another debit or credit card prevents the User from receiving the benefits offered through the A2zpad App.
A2zpad VDC is owned by Card Issuer. A2zpad is not a party to such contracts and acts only as an agent to Manigo and Card Issuer.
However, A2ZPAD will be your first point of contact regarding Manigo's Terms of Service and Cardholder's Terms and Conditions. You should contact us if you, for example:
- Want to report an unauthorized transaction via your A2zpad VDC
- You want to cancel your VDC
- You want to make a complaint about the Manigo service or the Card Issuer's service.
The A2zpad VDC is a prepaid card, not a credit card, issued for each subscription to a third party service managed through the A2zpad App. A2zpad VDC is intended for use as a means of payment and funds deposited into A2zpad VDC do not constitute a deposit. Users are not entitled to interest on the balance of A2zpad VDC
The User understands that A2ZPAD, Manigo, Cardholder and User must comply with AML/CTF at all times. The User understands that A2zpad VDC or A2zpad VDC Pro may not be released before the User passes through KYC. The User acknowledges and agrees that A2zpad request additional data or identity checks at the point of sale or application for the User's A2zpad VDC or A2zpad VDC Pro.
In the event such additional requirements are imposed or recommended by any competent authority or association, the User understands and accepts that A2ZPAD will subsequently make appropriate changes to the Service. service and/or its operating procedures as soon as reasonably practicable and in all cases within 30 days of receipt of notice by such regulatory body or association, whichever is earlier.
Users can choose A2zpad VDC Pro. The purpose of A2zpad VDC Pro is to provide A2zpad App Pro Users with added security and personalization to their VDC. A2zpad VDC Pro will be the first debit card to have a custom phrase printed on the card instead of the debit card number. More precisely, A2zpad VDC Pro will be issued with only the Cardholder's name and 19 digits (numbers, capital letters and !? @ # $ & *) Custom phrase printed on the front of the card.
10. MOBILE IN-APP PURCHASES
A2zpad is free to download and use the app on the app stores. However, we do offer extra features in our Paid Subscriptions. You can sign up for your selected Paid Subscriptions through an App Store or Google Play Store in-app purchase. Payment will be processed through Google Play or the App Store from which you originally downloaded the app. You can access the applicable “in-app” purchase rules and policies directly from the app stores. If you make any "in-app" purchases, the app store provider terms and conditions/EULAs will also apply.
All payment requests should be redirected to the app store you downloaded the app from.
If you signed up for a Paid Subscription through an app store provider, you can cancel your subscription renewal with the app store provider. You will not receive a refund for the fees you paid for the current subscription period, and you will continue to receive A2zpad Services until the billing period expires.
11. A2ZPAD REFERRAL PROGRAMS AND A2ZPAD KENS
11.1. REFUTO REFERRAL PROGRAMS
A2ZPAD and its affiliates offer participation in referral or account opening promotions. By using Referral Programs, Users are offered to promote A2zpad Services among their friends and earn various benefits.
By participating in the A2zpad Referral Programs, the User accepts the Agreement:
In order to receive credits in A2Z Tokens in the A2zpad Referral Program, Eligible Users (hereinafter referred to as: Referrals) must submit their unique referral link to a qualified Lead User. Eligible Recipients (hereinafter referred to as Recipients) and Eligible Recipients must use their Eligible Referrer's unique referral link to sign up for the A2zpad Application. If the Eligible Recipient uses the Eligible Referrer's unique referral link to apply for the A2zpad App and if the early registration is approved, the A2zpad App will reward the Eligible Referrer with the right to receive A2zpad ken 10 times referral bonus for each new signup and 12 A2zpad ken one time referral bonus for each new signup after 30 new Users sign up using Referrer's unique referral link.
According to the A2Z Tokens earned through the A2zpad Referral Program, User accounts can change and transition to Beginner, Basic, Advanced and Professional status.
11.2. A2ZPAD KENS
The A2Z token is a native token on the Cardano network (blockchain) issued by our affiliated company A2zpad Savjetovanje doo, in charge of the A2Z token sale.
With the A2Z token, we strive to introduce Users to the crypto market at large and help them earn crypto-related benefits, such as ease of transferring and/or selling digital assets digitally for others and pay less for goods and services online (especially for online subscriptions).
By using A2zpad, you can earn the right to claim a Revocation in a number of ways:
- Through the A2zpad Referral Program
- By applying A2zpad Redeem Code to User account. A2zpad Redemption Codes will be shared by us and our affiliates with old and new Users during live events where A2zpad Services will be promoted, via print media, via email, through programs special online promotions, via A2zpad social network or other means.
- By getting cashback rewards when using A2zpad App and A2zpad Virtual Debit Card to make online payments.
The A2zpad ken Crypto Wallet will be available with the A2zpad App. A2zpad ken Wallet will only be available to Users who are legally eligible to receive cryptocurrency according to their place of residence.
A2zpad Wallet is a simple and secure crypto wallet that supports all Cardano based tokens, defaults include A2Z and EURr stablecoins. The A2zpad wallet will also have specific functions that allow for automatic pull payments. The end goal here is to give A2zpad users an option to sign up with service providers using only their A2zpad Wallet address. For more information on how A2zpad Wallet works, please see here.
In phase one, A2zpad will only support subscription payments and rely on an existing payment processor, a Croatian startup called Electrocoin, to perform cryptocurrency swaps and process transactions. fiat. At this stage, all payments registered with A2zpad will be made using an actively managed A2zpad Virtual Debit Card that supports fiat currency and the EURr-derived stablecoin from Cardano.
12. DISCLAIMER OF WARRANTIES
Your use of A2zpad is at your sole risk. This service is provided on an "as is" and "as available" basis.
Any warranty by A2ZPAD in relation to the Platform (or part thereof) not expressly set forth herein shall be deemed disclaimer. A2ZPAD disclaims, to the fullest extent permitted under applicable law, all statutory warranties and warranties of operation, transaction and use with respect to the User's expectations.
The User is solely responsible for any damages the User may suffer as a result of the use of the Platform and any A2zpad Services. No oral or written communication or advice given by A2ZPAD O or its authorized representatives shall create a warranty or in any way increase the extent of A2ZPAD ' obligations.
Without prejudice to the generality of the previous terms, A2ZPAD does not warrant that: Any A2zpad Service will satisfy the user's specific requirements nor that it will be 'fit for purpose', The A2zpad Platform and Services will be uninterrupted, timely, secure, error-free or of satisfactory quality, results that may be obtained from the use of the Service will be accurate or reliable, any errors in the A2zpad Service will be rectified. A2ZPAD and/or its suppliers make no representations as to the suitability, reliability, availability, continuity, timeliness and accuracy of the A2zpad Services and Platforms.
13. LIMITATION AND EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable law, A2ZPAD and/or its suppliers, employees and representatives shall not be liable for:
- Any loss, damage, expense or other harmful consequence arising from anyone's use of or inability to use A2zpad;
- Any installation, implementation, customization or modification of the Software not made by A2ZPAD;
- Any error in applying an available update, service pack, fix or upgrade that would avoid a harmful event;
- Any unauthorized access to User Content;
- Any unauthorized use of any account' credentials
To the maximum extent permitted by applicable law, in no event will REVETO OÜ and/or its suppliers, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential or any damages (including without limitation, loss of usage rights, data or profits, or business interruption) arising out of or under any way is connected:
- With the use or performance of A2zpad,
- With delay or inability to use A2zpad and any A2zpad Services, including the provision or failure to provide the A2zpad Services.
- User or third party fraud
- Any transaction resulting in a negative balance on the User's account.
If any of the foregoing limitations are held to be unenforceable, or in the event that any liability of A2ZPAD is established, to the fullest extent permitted by law, You agree that all A2ZPAD 's aggregate liability and sole remedy available to any User in any way whatsoever arising out of or in connection with the A2zpad Agreement, Platform or Services shall be limited to monetary damages, the aggregate amount of which may not exceed the total amount paid by such User (if any) in the twelve months prior to notification to RESOLUTION of the dispute for which remedy is sought. If the User is not obliged to make such payment within that period, monetary damages may not total in excess of 100 EUR (hundred euros).
You agree that this limitation of liability represents a fair allocation of risk and is the basis of any negotiation between you and A2ZPAD. You understand that the A2zpad Platform and Services would not be provided without such limitations.
Certain countries do not allow limitations on certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights. However, if any part of these sections is held to be invalid under applicable law, the invalidity of that section shall not affect the validity of the remaining portions of the applicable sections.
Section 13 does not exclude mandatory liability for:
- A2ZPAD knowingly breaches any of its obligations;
- Death or personal injury resulting from a defective item manufactured by A2ZPAD.
Neither Party shall be liable for a breach of its obligations due to a situation that it could not reasonably have foreseen and was beyond its control, such as forces of nature, acts of legislative or executive authorities, war, civil unrest, acts of terrorism, strikes, non-trivial cyberattacks, failure of a third-party hosting, Internet failure or any other circumstances qualifies as force majeure under applicable law - to the extent that respective circumstances impede or hinder the Party's performance. For the avoidance of doubt, the provisions of this section:
- Is not intended to negate or limit the application of any limitation or exclusion of liability;
- Shall not be construed to limit the amount or excuse the User pays, any fees or other considerations owed hereunder.
You agree to indemnify and hold A2ZPAD harmless from any and all demands, losses, liabilities, claims or expenses (including attorney's fees) made against A2ZPAD by any any third party resulting from or arising out of or in connection with your use of A2zpad and the Services including but not limited to:
- Your use of the Platform or part of it violates this Agreement, third party agreements and/or any applicable law;
- Any third party claims of copyright or other Intellectual Property Rights or invasion of privacy arising from the storage of User Content and/or your provision of User Content to the other User and/or the actual use of your User Content by the other User or the person concerned under the Agreement;
- Any activity in connection with a User account, be it by you or by any other person accessing your account with or without your consent unless such activity is caused by the act of or default of A2zpad caused.
This Agreement shall continue until either:
- You cancel your subscription and/or request for your User account to be deactivated and deleted;
- Terminated by A2zpad.
15.1. TERMINATION BY USER
A2zpad Users may terminate this Agreement by closing the User account.
You may cancel your subscription to any Premium Subscription at any time. If you cancel after the subscription renewal date, you will not receive a refund for any amount charged. Your cancellation will be effective at the end of your current subscription period.
You understand that discontinuing use of the A2zpad App without canceling the Paid Subscription will not entitle you to any refund. If you are not using the A2zpad Apps Paid Subscription, you need to cancel the subscription and switch to the Free Subscription or close the User account.
15.2. TERMINATION BY A2zpad
You agree that A2zpad immediately terminate this Agreement if you fail to pay the fees by the due date.
A2zpad deny you access to all or any part of the Service or terminate your account with or without prior notice if you engage in any conduct or activity that A2zpad determines, in its sole discretion, to violate this Agreement or the rights of A2zpad r any third party, or otherwise be inappropriate. Without limitation, A2zpad deny you access to the Service or Platform, or terminate this Agreement and your User account.
A2zpad , in its sole discretion, at any time and for any reason, terminate the A2zpad Service, terminate this Agreement or suspend or terminate any User account on A2zpad . A2zpad will send a notice to the User at the email address the User provided when creating the User account, or other email address the User may later provide to A2zpad .
15.3 TERMINATION SURVIVAL
The following provisions will remain in effect after termination of this Agreement:
- Any obligations of the User in payment for the Services
- Section 5 (Intellectual Property)
- Section 12 (Disclaimer of Warranties), Section 13 (Limitations and Exclusions of Liability) and Section 14 (Indemnification)
- Section 15.3 (Existence of Termination)
- Section 20 (Jurisdiction and Choice of Law; Dispute Settlement)
- Section 21 (No Class Action)
- Any other provision of this Agreement must exist to fulfill its essential purpose.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement. , will remain in full effect.
If any provision of this Agreement violates any mandatory rule of applicable law and is found to be void as a result of it, then that provision, in the particular circumstances and only in the particular respect to which it is void, shall be deemed to have been modified in compliance with the law. Any such modification shall be limited to the minimum extent necessary to give effect to the provision and shall retain as much of its original value and meaning as possible.
All notices for A2zpad will be made available to A2zpad , Keemia tn 4, 10616 Tallinn, Estoniaor to the address specified in Section 1 (Definitions).
A2zpad notify the User via the email address associated with the User account or by mail or courier to the address provided to such User.
Notice will be deemed to have been received:
- Next day if notified via User account or by email
- Five business days after posting notice via courier or registered post. By business days, we mean working days at A2ZPAD 's registered chair.
18. NO WAIVER
19. LINKS TO THIRD-PARTY WEBSITES
If A2zpad allows access to data from another service provider through the link, A2zpad is not responsible for such information.
Placing links to third party websites on the Website does not mean that A2ZPAD recommends or approves of the services or products offered through such websites.
20. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION
Mindful of the high cost of dispute, you and A2zpad agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or relating to : (i) Website; (ii) This Agreement; (iii) Services; (iv) breach, enforcement, interpretation or validity of this Agreement; or (v) any other dispute between you and A2zpad ("Dispute"), the Dispute Confirming Party will first attempt to resolve such Dispute in good faith by providing written notice to the other Party (by email, first class or registered mail) describing the facts and circumstances (including any relevant documents) regarding the Dispute and allowing the Receiving Party 30 days to respond or resolve Disputes ("Required Negotiation").
- If coming to A2zpad at: A2zpad , Keemia tn 4, 10616 Tallinn, Estonia
- If for you at: the address last used in your account information or the registered office address of the company (if the User is a legal entity to the Enterprise).
If no such address exists, or if delivery to such address is unsuccessful, notification will be sent to the email address connected to the User's account.
Both you and A2zpad agree that this dispute resolution procedure is a precedent, a condition that must be met before proceeding with any dispute resolution or submitting any claim against the other Party.
Failing to resolve a dispute as described in the preceding paragraphs of this Section, any controversy or claim arising out of or relating to the Agreement, or a breach of the agreement, shall be within the exclusive jurisdiction of the courts. jurisdiction in the city of Tallinn, Estonia.
This provision will become effective upon termination of the Agreement.
Notwithstanding the foregoing, A2zpad , in its absolute discretion, assert and seek protection of its Intellectual Property Rights and rights relating to confidential information or data processing anywhere in the world.
21. NO CLASS ACTION
Except as prohibited by law, as a condition of your use of the Software and/or the Services, you agree that any and all disputes, claims and causes of action arising out of or connection to the Software and/or Services, will be resolved individually, without resorting to any form of class action.
THE PARTIES AGREE THAT ONE PARTY CAN BRING ON ANY CLAIM AGAINST THE OTHER PARTY IN ANY PERSONAL CAPACITY, AND NOT AS EMPLOYEE OR CLASS MEMBERS IN ANY CLASS OR CLASS OR PARTY, AND/ PERSONAL COMPETENCE WAY, LIKE IN PRIVATE ACTION AGAINST OTHER PEOPLE. Furthermore, unless both you and A2ZPAD agree otherwise, the court may not consolidate more than one person's claim, and may not otherwise preside over any form of a representative or class proceeding.
22. ENTIRE AGREEMENT
This Agreement (as amended from time to time) including any document or linking document expressly or implicitly incorporated into the Agreement shall constitute the entire Agreement between the Parties with respect to the subject matter. of this Agreement and supersedes all prior Agreements and understandings between the Parties with respect to that subject matter.
In the event of a conflict between any of the terms herein and any statement, representation or other information published on the Site or contained in any other document or communication, the provision of this Agreement agreement shall prevail.