Billinger

Last updated: December 12, 2023

, hereinafter referred as the “Operator”, offers to conclude an agreement of using the interactive service for making payouts to Subcontractors (hereinafter referred to as the “Agreement”) under the conditions set out below. This Agreement has the status of an accession agreement addressed to eligible entities.

1 DEFINITIONS

In the text of this Agreement, unless the Parties hereinafter attach a different meaning to the terms stated, which shall be agreed in writing by the Parties, the following terms shall have the following meanings, with each term defined in this Agreement despite the place in which the Agreement and its Annexes occur, the words denoting a single number include both, plural and vice versa:

"Billinger Service" means the online interactive service managed by the Operator, available via URL https://billinger.io

"Customer" means a legal entity or an individual entrepreneur who registered with the Billinger Service as the Customer and executed the Customer Agreement on Performance of Works and Rendering of Services.

“Date of task completion” means a date of works performance/rendering of services completion, determined by the Customer in the Personal Profile upon a task setup for fulfillment by the Subcontractor.

"Operator" means , a company duly registered and operating under the laws of the Estonia, and its subsidiaries and affiliates.

"Personal Profile" means the personalized module of the Billinger Service, closed for public access. Personal Profile is accessed by entering authentication details on the Billinger Service login page: login (username) and password (access code).

"Subcontractor" means an individual or an individual entrepreneur and who has registered with the Billinger Service as the Subcontractor and accepted the terms of the Subcontractor Offer Agreement on Performance of Works and Rendering of Services

2 GENERAL PROVISIONS

These Terms of Use establish the principles and conditions of Your use of the "Billinger" interactive service located on the Internet on the website https://billinger.io (the "Billinger Service"), which is provided and operated by the Operator. These Terms of Use constitute a legally binding agreement between the Internet user (notwithstanding whether the user is a natural person or an authorized representative or employee of a legal entity) accessing and using the Billinger Service and accepting these Terms of Use and all associated documents, including but not limited to the Privacy Policy included by reference herein ("You") and the Operator with respect to Your access to and use of the Billinger Service, and its provisions may be enforced against You under applicable law. Please read and review these Terms of Use before commence using the Billinger Service. By accessing or using the Billinger Service You acknowledge that You have read, understand and agree to be legally bound by all of the provisions of these Terms of Use without any limitations whatsoever. These Terms of Use are subject to change; please review these Terms of Use each time You access and/or use the Billinger Service. You acknowledge and agree that by accessing or using the Billinger Service, You shall be deemed as having accepted the most recent version of these Terms of Use. If You do not agree to follow the terms of and/or be bound by these Terms of Use, You may not access or use the Billinger Service in any way.

For the purposes of these Terms of Use the term "Billinger Service" includes but is not limited to the Billinger Service itself, underlying software programs, software algorithms, databases and hardware, all content available on or by means of the Billinger Service, all Billinger Service design elements and all of the interactive services and functionality provided on or through the Billinger Service, and any and all other elements and parts of the Billinger Service without any limitation. You will be deemed using the Billinger Service anytime You access (via computer, mobile device or other technology) or otherwise interact or communicate with or connect to, the Billinger Service or any parts or sections thereof or interact or communicate with other users of the Billinger Service by means and with help of the Billinger Service.

These Terms of Use apply to only and exclusively to Billinger Service, apply only to Your rights and responsibilities in connection with Your use of Billinger Service and do not apply to Your use of, or rights and responsibilities regarding, any other websites including but not limited to any other websites that may be operated or offered by the Operator or other third parties.

These Terms of Use constitute an integral part of, and are incorporated by reference in, the following legal documents regulating Your relationship with the Operator or , a company duly registered and operating under the laws of Estonia, that You, as a user of the Billinger Service, may enter into with the Operator, or the terms of which You may accept, and execution or acceptance of terms of such documents notwithstanding the territory of Your operations shall constitute Your express consent to be legally bound, inter alia, by these Terms of Use without any limitations:

Customer Offer Agreement on Performance of Works and Rendering of Services;
Subcontractor Offer Agreement on Performance of Works and Rendering of Services.

Your access to and/or use of the Billinger Service and/or any part, feature or functionality thereof at any moment signifies Your agreement to be bound by the most recent version of these Terms of Use.

By accepting these Terms of Use and agreeing to be bound by them, You agree that Your access and use of the Billinger Service must be at all times performed in strict accordance with the following rules:
You must use the Billinger Service in accordance with its designated purpose only;
Your accessing and use of the Billinger Service must be performed by You in full compliance with these Terms of Use, other applicable documents related to the Billinger Service and all applicable laws;
You must always provide true and complete information about Yourself and parties You represent, whichever is applicable;
You must not perform any action listed in the "Restrictions" section of these Terms of Use.

3 USER ELIGIBILITY

If You intend to use the Billinger Service as a Subcontractor, You must be not less than 14 (Fourteen) full years of age if You are a citizen of a member state of the Commonwealth of Independent States, and not less than 15 (Fifteen) full years of age if You are a citizen of the European Union or any other country. At that if You are a minor in the jurisdiction of your residence, You shall obtain all necessary permissions and consents for performance of Works and/or rendering of Services under this Offer Agreement if such are required under the applicable laws. The Operator reserves the right to report use of the Billinger Service by minors to the appropriate officials.

If You intend to use the Billinger Service as a Customer, You must be duly authorized by the legal entity You represent to register with the Billinger Service and use its functionality. The Operator reserves the right to investigate attempts of use of the Billinger Service by parties not officially authorized to represent legal entities these parties claim to represent and report such attempts to the appropriate officials.

4 REGISTRATION, ACCEPTANCE PROCEDURE AND PAYMENTS

Depending on Your intended use of the Billinger Service (i.e. as a Subcontractor or as a Customer) You may be asked to provide certain registration details in order to access the Billinger Service and use the Billinger Service. You expressly agree that all of the information You provide upon registration with the Billinger Service must be correct, truthful, current, and complete. Providing misleading or false information about Your identity is forbidden and constitutes a material breach of these Terms of Use. If the Operator believes that the information You provide is not correct, truthful, current, or complete, or is false or misleading, the Operator has the right to refuse, suspend or terminate Your access to this Billinger Service or any of its resources and to suspend or terminate Your Personal Profile at any time.

When You register as a user of the Billinger Service and accept these Terms of Use, You are required to create a login/Email and a password for logging into Your Personal Profile on the Billinger Service. You are personally and solely responsible for any use of the Billinger Service with Your login/Email and password. You agree to take due care in protecting Your login/Email and password against misuse by third parties and promptly notify the Operator about any misuse via the following e-mail: [email protected].

The Customer, upon registration in the Billinger Service and entering into its Personal Profile, can create a team of Subcontractors, and thereafter upon invitation of the Subcontractors into the team, the Customer can make tasks for execution by a Subcontractor. Upon creation by the Customer of a respective task at its Personal Profile, the Subcontractor receives at its email a notification of new task receipt. At that the task is in “not confirmed” status.

The Subcontractor upon registration in the Billinger Service and entering into its Personal Profile can read the Customer’s task conditions and accept it for execution. At that to the Customer’s task the status “in progress” is assigned automatically, the moment of the task’s status change is considered to be the beginning of works performance/services rendering under the respective Customer’s task.

The Subcontractor upon completion of works performance/services rendering under the respective task shall attached results of performed works to the task in its Personal Profile and shall press rollover button “finish”. At that to the Customer’s task the status “pending acceptance” is assigned automatically and the Customer may view the result of performed works.

Upon completion by the Subcontractor of works performance/services rendering under the respective task, the Customer may not cancel the task without preliminary consent of the Subcontractor in the Personal Profile.

In the event when the Customer has no objections to the quality of performed works/rendered services under the respective task, the Customer shall press rollover button “accept” in its Personal Profile within 15 (fifteen) calendar days. At that to the Customer’s task the status “pending payment” is assigned automatically.

In the event when the Customer is not satisfied with quality, time period, or other of performed works/rendered services under the task, the Customer may send the task to the Subcontractor for revision. At that to the Customer’s task the status “in progress” is assigned automatically.

Upon expiry of fifteen-day period stated above, that is on the sixteenth calendar day the Customer’s capability to create new and accept other existing tasks in its personal profile will be blocked, with exception to the tasks in relation to which the acceptance or sending for revision are overdue. At that blocking will be automatically released upon acceptance or sending for revision by the Customer of such overdue tasks.

Upon correction of all errors under the respective task, the Customer shall press rollover button “accept” and thereby confirm that the Customer has no complains to the quality of performed works/rendered services. At that to the Customer’s task the status “pending payment” is assigned automatically.

The Customer shall pay for respective task within 60 (sixty) calendar days from the moment of its acceptance. In the event when the Customer does not pay for the task within the specified time, the amount equal to the cost of respective task will be automatically deducted from the Customer’s balance in the Personal Profile.

For the avoidance of doubts, in any event the payment for performed works/rendered services by the Subcontractor within setup Date of task completion, regardless of such task acceptance by the Customer in accordance with the procedure described above, shall be performed by the Operator in compliance with terms of the Offer Agreement on Performance of Works and Rendering of Services only after payment for named task by the Customer or automatic deduction of an amount equal to the cost of such task from the Customer’s balance, as stated above.

If the currency of the Subcontractor’s remuneration under a particular task differs from the currency related to the option for the remuneration receipt selected by the Subcontractor, as specified herein above, the remuneration shall be converted by Billinger Service into the currency selected by the Subcontractor for the Remuneration receipt at the moment when the Subcontractor presses the “withdraw” button in its Personal Profile.

At that:

I. the discussed conversion shall be made in accordance with applicable currency exchange rates stated in the Personal Profile of Billinger Service, set by European Central Bank at the last banking day prior to withdrawal date. Billinger Service applies 3,5% commission for conversion;

II. The Subcontractor independently carries all financial risks relating to the discussed conversion, including the risks related to possible fluctuations of currency exchange rates;

In case if the Subcontractor fails to meet the Date of task completion, and if such Date of task completion is not extended by means of written agreement between the parties, the Customer may not perform payment for performed works/rendered services under such task, even though the specified task was accepted by the Customer in the Personal Profile or API.

When the Customer presses the rollover button “pay” in its Personal Profile, the status “task completed” is assigned to the task automatically, the moment of such status change of the task shall be the moment of works performance/services rendering completion under the Customer’s task, and respective date will be indicated in the works/services acceptance act.

5 PRIVACY, PERSONAL DATA AND COOKIE POLICY

The information required to be provided in connection with Your use of the Billinger Service may include certain personal data. Collection, use and processing of Your personal data by the Operator, as well as the applicable cookie file policy, are governed by the Billinger Service’s Privacy Policy, available here: https://billinger.io/privacy.

6 CONSENT TO MONITOR

The Operator reserves the right, but is under no obligation, to monitor Your Personal Profile and Your activities on the Billinger Service related to Your Personal Profile for the purposes of confirming that You use the Billinger Service in full accordance with these Terms of Use and applicable law. You hereby grant the Operator Your express permission and consent to monitor Your Personal Profile and all activities performed under Your Personal Profile for purposes of confirming legal use of the Billinger Service and identifying instances of restricted use and potential violations of these Terms of Use and applicable law.

7 RESTRICTIONS

By accepting these Terms of Use You expressly agree that You are expressly prohibited to, and are prohibited to allow any third party to, perform any of the following actions, and any actions similar in nature or intent thereto, and that performance of any such actions shall constitute a material breach of these Terms of Use:

display, copy, store, modify, adapt, reverse engineer, sell, publish, make available to the public or redistribute the Billinger Service or any services or functionality made available to You via the Billinger Service;
allow any third party to access and use the Billinger Service using Your login and password;
use the Billinger Service for any illegal purposes;
impersonate or falsely claim affiliation with any person or entity;
misrepresent, defraud or defame others;
negatively present the Billinger Service and/or the Operator and/or its affiliates;
transmit malicious software code on or with help of the Billinger Service;
collect information of other users through the Billinger Service;
interrupt the normal operation of or tamper with the Billinger Service or any functionality contained in or provided through the Billinger Service, or any servers used in providing the Billinger Service, or to unreasonably affect others’ use of the Billinger Service in any way;
invade privacy of other Billinger Service users by means of phishing, identity theft and other means;
use bots, spiders, offline readers or other automated software systems to access or use the Billinger Service;
otherwise use the Billinger Service for engaging in any activities that are illegal under laws of any jurisdiction or that encourage criminal conduct;
use the Billinger Service for any purposes other than those expressly permitted under these Terms of Use.

Breach of this "Restrictions" Section of these Terms of Use shall constitute a material breach of these Terms of Use by You and a direct violation of applicable laws. Unauthorized access and use of the Billinger Service, including any use in contravention of these Terms of Use and the "Restrictions" section of these Terms of Use, is prohibited and may result in criminal prosecution and/or civil and/or disciplinary or administrative liability, including court action against You initiated by the Operator or relevant law enforcement authorities.

8 REPORTING VIOLATIONS OF TERMS OF USE

You may inform the Operator about violations of these Terms of Use by other users of the Billinger Service by sending an e-mail to the following address: [email protected].

9 SUSPENSION/TERMINATION OF PERSONAL PROFILE

You may terminate Your access and use of the Billinger Service if You no longer wish to use the Billinger Service by permanently deleting Your Personal Profile upon termination of the relevant Customer Agreement or Offer Agreement between You and the Operator.

The Operator reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, as the Operator may determine appropriate. The Operator may suspend, terminate, modify, restrict or delete Your access to the Billinger Service at any time at its sole discretion, with or without notice to You, if there is an indication that You have breached these Terms of Use.

If You are found to be in a material breach of these Terms of Use, such as being found violating the "Restrictions" section of these Terms of Use by using the Billinger Service for illegal purposes or infringing Operator’s or its licensors’ or third parties’ intellectual property rights discussed in the "Intellectual Property Rights" section of these Terms of Use, the Operator reserves the right to both suspend Your Personal Profile for an indeterminable amount of time and notify the relevant government officials in the relevant jurisdiction if Your actions may be classified as illegal and punishable under applicable laws.

10 ACCESS, UPTIME AND AVAILABILITY

The Billinger Service may not be available in some countries and may be provided only in selected languages. The Billinger Service may be network dependent. The Operator reserves the right, in its sole discretion, to change, improve and correct the Billinger Service.

Service may not be available during maintenance breaks and other times.

The Operator may decide to discontinue the Billinger Service or any part thereof in its sole discretion and at any given moment. The Operator does not represent or warrant that the Billinger Service, or any part or functionality thereof, is appropriate or available for use in any particular jurisdiction, and does not represent or warrant that Your access to the Billinger Service will be error-free, virus-free, uninterrupted, and that the servers on which the Billinger Service is deployed will be up permanently.

11 INTELLECTUAL PROPERTY RIGHTS

All rights, title and interests, including but not limited to the exclusive copyrights and other intellectual property rights in and to the Billinger Service and all parts, elements and sections thereof including without limitation any and all computer code, technology, website engine, themes, objects, logos, artwork, menu items, user interface, embedded services, functionality, design of the Billinger Service, message exchange system, text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and other materials and content available on or through the Billinger Service are owned by the Operator and/or its licensors and/or third parties, constitute intellectual property of said parties, and the Operator and its licensors and such third parties retain all right, title, and interest in and to these intellectual property items. All contents of the Billinger Service, including the selection arrangement, and look and feel, are protected by various national copyright, trademark and trade secret laws and by international treaties and conventions. No right, title, license or other interest in any of the contents or any patent, trademark, copyright or other intellectual property rights are transferred, assigned, licensed or otherwise conveyed to You by Your access to and use of this Billinger Service, and the Operator, or the party that provided the relevant intellectual property, at all times retains all right, title, and interest in any such intellectual property that You may be accessing or using on the Billinger Service.

copy, replicate, distribute, modify, remake, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, derive source code from, disassemble, decompile, reverse-engineer, or create derivative works based on the Billinger Service or any part or portion thereof, update, broadcast, make available to the general public, or otherwise transmit, disseminate or use in any similar way or manner whatsoever the Billinger Service, any of its functionality, or any of the Billinger Service’s contents;
sell, license, grant on a royalty-free basis or transfer access to the Billinger Service or Your Personal Profile within the Billinger Service;
develop, distribute or host any service or website that is based on, or is confusingly similar to, the Billinger Service;
remove, obscure or alter any copyright, trademark, or other proprietary notice appearing in any part of the Billinger Service’s contents;
perform any other actions that may infringe or put under threat of infringement intellectual property rights of the Operator, its licensors or third parties with respect to the Billinger Service.

All of the product or service or interactive service names, trade names, slogans, logos, and other trademarks and service marks and designations appearing on the Billinger Service are the property of the Operator, its licensors, affiliates, or third parties. The Operator, its licensors and third parties retain any and all rights in these designations. The use or misuse of these designations or any other similar materials is prohibited and may be in violation of applicable law.

You understand and agree that You have no legal interest, monetary or otherwise, in any feature, functionality or content contained on the Billinger Service.

You hereby expressly agree that the Operator, its licensors and relevant third parties are entitled to enforce their intellectual property rights with respect of the Billinger Service to the fullest extent of any applicable law in case of any violation of their intellectual property rights by You.

12 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE BILLINGER SERVICE AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. THE BILLINGER SERVICE, AND ANY PORTION OR SECTION OF THE BILLINGER SERVICE, INCLUDING BUT NOT LIMITED TO ANY INTERACTIVE SERVICES AND FUNCTIONALITY AVAILABLE TO YOU THROUGH THE BILLINGER SERVICE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE OPERATOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE BILLINGER SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED UNDER ANY APPLICABLE LAWS, NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE BILLINGER SERVICE OR THE CONTENT OF ANY OTHER INTERNET OR MOBILE RESOURCES RELATING TO THE BILLINGER SERVICE OR LINKS TO WHICH ARE CONTAINED IN THE SERVICE. THE OPERATOR RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO CHANGE, MODIFY, ADD, REMOVE OR DISABLE ACCESS TO ANY PORTION OF THE BILLINGER SERVICE AT ANY MOMENT OF TIME.

13 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER ANY AND ALL APPLICABLE LAWS, IN NO EVENT WILL THE OPERATOR, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE THE BILLINGER SERVICE OR ANY PART OR PORTION THEREOF, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE BILLINGER SERVICE.

14 INDEMNITY

You agree to defend, indemnify and hold the Operator, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, authorized designees, successors, assigns and contractors harmless from and against, and reimburse to the Operator or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees resulting from or arising out of:

any breach by You of these Terms of Use;
Your infringement or violation of any intellectual property, other rights or privacy of a third party, including but not limited to other users of the Billinger Service; and
misuse of the Billinger Service by a third party where such misuse was made possible due to Your failure to take reasonable measures to protect Your username and password against misuse.

The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with the Operator in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Billinger Service.

15 WAIVER

BY USING THE BILLINGER SERVICE AND ACCEPTING THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE MAXIMUM EXTENT AVAILABLE UNDER ANY APPLICABLE LAW YOU HEREBY WAIVE AND AGREE TO RELEASE AND HOLD HARMLESS THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS AND ANY OTHER APPROPRIATE PARTY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS AND ANY OTHER APPROPRIATE PARTY DURING OR AS A RESULT OF INVESTIGATIONS WITH RESPECT TO YOUR ACCESS AND USE OF THE BILLINGER SERVICE OR ANY PART OR PORTION THEREOF, AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, WEBSITE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, AND ANY OTHER APPROPRIATE PARTY, INCLUDING BUT NOT LIMITED TO ANY LAW ENFORCEMENT AUTHORITIES.

16 JURISDICTIONS

The Billinger Service, its functionality and its contents are intended to comply with applicable laws and regulations of Estonia. Other countries may have laws, regulatory requirements and business practices that differ from those established in Estonia. The Billinger Service may link to other websites produced and/or operated by the Operator’s operating divisions and subsidiaries, some of which are located or hosted or intended to be accessed and used outside Estonia. Such websites may have information that is appropriate only to that particular originating country. The Operator reserves the right to limit access to and the ability to use the Billinger Service to any person, geographic region or jurisdiction. Any offer for any product or service made on this Billinger Service is void where prohibited.

17 APPLICABLE LAW

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

18 INJUNCTIVE RELIEF

You expressly acknowledge and agree that the Operator may suffer irreparable damage if You breach any of the provisions of these Terms of Use. Therefore, in any case of Your violation of these Terms of Use the Operator shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate in any jurisdiction.

19 SEVERABILITY

If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

20 CHANGES TO TERMS OF USE

To the fullest extent permitted under applicable law, the Operator reserves the right to modify, update, supplement, revise or otherwise change these Terms of Use in order to comply with applicable new legislation and/or regulations and/or to improve the Billinger Service, and to impose new or additional rules, policies, terms or conditions in relation to the Billinger Service, from time to time with or without notice to You. The Operator may notify You of the amendments to these Terms of Use by sending an email message to the email address listed in Your Personal Profile or by posting the notice on the Billinger Service or posting the notice in Your Personal Profile with the Billinger Service. All amendments to these Terms of Use will be effective immediately and incorporated into the Terms of Use upon sending or posting of such notice. You are solely responsible for regularly reviewing these Terms of Use. Your use of the Billinger Service or any part or functionality thereof after any changes to these Terms of Use are posted on the Billinger Service or otherwise made available for review will be considered acceptance of those changes and will constitute Your agreement to be bound thereby. If You object to any such changes, Your sole recourse will be to terminate the relevant agreement with the Operator with subsequent purging of Your Personal Profile and stop using the Billinger Service.

21 NO RIGHT OF FUTURE ACCESS

THESE TERMS OF USE DO NOT GRANT YOU ANY RIGHTS WITH RESPECT TO YOUR FUTURE ACCESS TO THE BILLINGER SERVICE. THUS, THE OPERATOR MAY, IN ITS SOLE DISCRETION AND AT ANY TIME, DISCONTINUE THE BILLINGER SERVICE OR ANY PARTS THEREOF OR LIMIT OR RESTRICT ANY USER, INCLUDING YOU, ACCESS THERETO, FOR ANY REASON, WITH OR WITHOUT NOTICE. YOU UNDERSTAND AND AGREE THAT THE OPERATOR MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR OR ANYONE ELSE'S ACCESS TO THE SERVICE OR PARTS THEREOF AND/OR TERMINATION OF YOUR PERSONAL PROFILE AND/OR REMOVAL OR PURGING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU OR ANYONE ELSE MAY HAVE PROVIDED ON OR BY MEANS OF THE SERVICE.

22 MISCELLANEOUS

The terms and conditions set forth in these Terms of Use are fundamental elements of the basis of the agreement between the Operator and You with respect to Your use of the Billinger Service, and You expressly acknowledge and agree that the Operator would not be able to provide the Billinger Service and its functionality to You without the limitations and restrictions set forth herein.

The Operator will not be liable or responsible for any failure to fulfill any of its obligations under these Terms of Use which failure is due to any cause or condition beyond the reasonable control of the Operator, which cause or condition may include, but in no event shall be limited to, force majeure circumstances.

The provisions of these Terms of Use that are intended to or by their nature should survive termination of Your use of the Billinger Service shall remain valid and shall be legally effective after any such termination.

You expressly agree that for the purposes of these Terms of Use You are not considered, and shall not represent Yourself as, an agent, employee, joint venturer, or partner of the Operator, and that Your use of the Billinger Service does not vest in the Operator or You the rights or obligations of the discussed parties.

You may not assign these Terms of Use in whole or in part to any third party, and any attempted assignment in violation of this provision shall be null and void. The Operator may assign these Terms of Use or any of its rights and obligations under these Terms of Use without Your consent at any time.

You must individually supply all necessary facilities, utilities and equipment necessary to access and use the Billinger Service, including but not limited to appropriate computer and/or mobile equipment and Internet connections, at Your sole risk and expense.

These Terms of Use constitute the entire agreement between You and the Operator relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on or made available via the Billinger Service at any moment will govern the items, functionality, services or Your relationship with the Operator to which they pertain.

CONTACTS

If You have any comments or questions concerning Your access and/or use of the Billinger Service or in relation to these Terms of Use, please contact the Operator using the following contact details:

[email protected]

Tornimäe mnt., 5, Tallin, Estonia, 10145