GRACEFUL EFFORTS USER AGREEMENT

This is a binding agreement between you or the organization that you represent, including all individuals you authorize to access your account, and Moonbase SRL, governing your use of the Company's online Services. By signing up to use the Services, you agree to the following terms:

1. DEFINITIONS

1.1 "Agreement" shall mean this entire Graceful Efforts user agreement and incorporates by reference the Privacy Policy.

1.2 "Collaborator" shall mean an User enlisted by a Project Owner in order to collaborate on specific Projects.

1.3 "Content" shall mean any data and content the User uploads, posts, transmits or otherwise makes available via the Services, including, without being limited to, messages the User sends, files uploaded, comments made on files, profile information and anything else the User enters or uploads into the Services.

1.4 "Customer" shall mean an User who purchased and uses a Paid Plan.

1.5 "Delegate Project Manager" shall mean an User enrolled in a Project who is assigned by the Project Owner to manage the Project.

1.6 "Eligible User" shall mean any person who is deemed eligible to use the Services according to the Terms of Service as set forth below.

1.7 "Feedback" shall mean any ideas, suggestions, proposals or other feedback you may provide regarding the Services.

1.8 "Free Trial" shall mean the limited period of time during which the Prospect User may use the Services at no cost.

1.9 "Moonbase" shall refer to Moonbase SRL, a limited liability company incorporated and operating under the laws of Romania, whose registered headquarters is located in Bucharest, Romania at Strada Grigore Ionescu, nr 63, Camera 1, registered with the Trade Register Office of the Bucharest Court under no. J40/8814/17.07.2015, sole registration code 34789503, which is the developer of the Services. Moonbase shall be hereinafter alternatively referred to as we, us or the Company.

1.10 "Paid Plan" shall refer to the plan that allows Users to enlist Collaborators and access premium and/or extended features associated with the Services e.g. enlist certain numbers of Collaborators, manage a certain number of projects, in exchange for a fee.

1.11 "Project" shall mean a collaborative undertaking organized by a Project Owner which allows the Users enrolled in the Project to work together towards common objectives. Users enrolled in a Project may be assigned specific tasks by the Project Owner or the Delegate Project Manager. Projects can only be created by Project Owners.

1.12 "Project Owner" shall mean any Customer who creates a Project and shall also include any present or former representative, agent, independent contractor, employee, servant, attorney and any entity or person who has authority to act on the Project Owner's behalf. Project Owners manage the resources allocated to the Projects they organize, enlist Users as Collaborators and assign tasks to their Collaborators.

1.13 "Prospect User" shall mean an User who uses the Free Trial of the Services and has access to each and any feature associated with the Services.

1.14 "Public Content" shall mean a particular category of Content uploaded by a User, which is shared or made available to use by other Users, such as templates. However, individuals who are not registered or logged in into the Services shall not be able to view or search any information related to Public Content.

1.15 "Public Profile" shall mean the User's option to display all or some of its information and Content to other Users within the Services. However, individuals who are not registered or logged in into the Services shall not be able to view or search any information related to Public Profiles.

1.16 "Services" shall mean any software or online services provided by Moonbase, including, but not limited to, Graceful Efforts, a web application meant to provide a way for people to collaborate.

1.17 "Specialist" shall mean an User whose Free Trial has ended and who did not purchase a Paid Plan in order to use each and any of the features associated with the Services. Specialists may not create and manage Projects, however they can be enlisted as Collaborators by Project Owners.

1.18 "Terms of Service" shall mean any and all of the terms and conditions set forth below, which details both your rights and your obligations for using our Services.

1.19 "User" shall mean any Eligible User who has agreed with these Terms of Service and registered an account in order to use the Services. For the avoidance of any doubt, User shall refer to any Prospect Customer, Customer or Specialist. Users shall be hereinafter alternatively referred to as you.

2. ACCEPTANCE OF TERMS

2.1 This Agreement must be concluded in order for you to use the Graceful Efforts Service provided by the Company.

2.2 You must be of legal age to enter into a binding agreement in order to accept the terms of this Agreement – by using our Service, the User asserts that he/she is of legal age in his/her jurisdiction of residence. If you do not agree to the terms and conditions as set forth below, you are not of legal age in your jurisdiction of residence, or do not have the authority to enter into this Agreement on behalf of the organization you represent, do not use the Services.

2.3 The Agreement details both your rights and your obligations for using our Service. It is important that you read it carefully because you will be legally bound to these Terms of Service. If you do not agree to any, do not use our Services.

2.4 This Agreement is effective upon the date of your acceptance hereof, as set forth below. If you are accepting the Terms of Service on behalf of the User, you warrant that (i) you have full legal authority to bind your employer or the entity you represent and its affiliates to these terms and conditions (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the party that you represent, to this Agreement – if you do not have the legal authority to bind the User, please do not click the "Accept" button below.

2.5 The Terms of Service are applicable to all Users.

3. MODIFICATION OF TERMS OF SERVICE

3.1 These Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service.

3.2 The Company reserves the right to modify this Agreement or its policies related to the Services at any time, without prior notice, effective upon posting of an updated version of the Terms of Service on its website. Modifications to this Agreement will only apply going forward. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. If you do not agree to the updated Terms of Service, you may not access or use the Services.

3.3 You can review the most current version of the Terms of Service at any time, by visiting this website.

4. ACCESS TO THE SERVICES

4.1 The Services are accessible via a web browser, or, if applicable, programmatically via an API.

4.2 You may connect to the Services using any internet browser supported by the Services. You are responsible for obtaining access to the internet and the equipment necessary to use the Services.

5. REGISTRATION OF USERS

5.1 Any Eligible User shall register an account by filling in the form provided on the Services' website. Eligible Users shall provide their name, contact information, professional information and applicable time-zone. For further details on the security of Users' personal data, please read our Privacy Policy.

5.2 An User's login credentials may only be used by one person – a single set of login credentials shared by multiple people or software agents is not permitted. Customers can invite several Specialists as Collaborators depending on the Paid Plan bought, and each Collaborator will have their own login credentials.

5.3 You shall have the option to enable the Public Profile feature, which shall allow other Users to view your name, job title, the Public Content you upload and whatever contact information you consent to provide.

5.4 Users shall set a password which they will use each and every time they use the Services. The Company shall provide a secure method of authentication and accessing its Services, which will (i) allow for user password management (ii) receive passwords in a secure format (iii) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.

5.5 The User is responsible for maintaining the confidentiality of their identity, password, and account and for all activities that occur under their account, including the activities of other project Users. The User is also responsible for protecting the security of usernames and passwords, or any other codes associated with the Services, and for the accuracy and adequacy of personal information provided to the Services.

5.6 Users agree to immediately notify the Company of any unauthorized use of their password or account or any other breach of security. Users shall ensure that they exit from their account at the end of each session.

5.7 As we honor any action coming from a logged in User, Users accept that they shall be responsible for all account activity conducted as a result of any access obtained through the use of their login credentials, should they (i) share their access rights or credentials with any other person by disclosing or allowing others to gain knowledge of their login credentials or (ii) leave their browser unattended while in an active browser session or (iii) in any other manner conduct or access their account carelessly or negligently.

6. USE OF SERVICES

6.1 The Services are designed to allow Project Owners to manage their team's work, using features that are best practices in the project management field. A Project Owner may use a custom mix of features associated with the Services for each project, enabling just the necessary ones.

6.2 The User is solely liable and responsible for their interactions with other Users of the Services. In using the Services, you may enter into a business relationship with a third party offering it goods and/or services through the Services. Any such activity is solely between you and the relevant third party. The Company does not endorse any such third parties and shall have no liability, obligation, or responsibility for any such business activity.

6.3 Users understand that the Services constitute a venue that allows Users to engage with each other in online workspaces. The Company is not involved in actual conversations or interactions between Users. The Company does not edit, modify, filter, screen, or otherwise monitor the content of questions, projects, submissions, deliverables, profiles, qualifications, or comments or have any obligation to monitor the Content. As a result, we have no control over the quality, safety, or legality of the Content , the truth or accuracy of the Content, the ability of parties to provide quality deliverables, or the ability of parties to pay for services delivered. The Company cannot ensure that an User will actually complete a transaction or collaboration. In the event that you have a dispute with one or more Users, you release the Company, including our officers, directors, agents, parents, subsidiaries, joint venturers, and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.4 The Services comprise budgeting and time tracking features. However, the Company makes no claim that the Services are either an accounting or time tracking software, and the User may not use the Service as such. The Company is not liable for any damages, financial or otherwise, resulting from using the Services as an accounting or time tracking software.

6.5 The Company may directly or indirectly provide free-to-use information or material e.g. project templates. The information contained in any such materials shall not be deemed as professional advice. The Company makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the materials.

7. SUSPENSION AND MODIFICATION OF SERVICES

7.1 The Company reserves the right to temporarily suspend or restrict access to the Services for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide notice prior to any such suspension if possible. Such notice shall be provided to you if possible via notification within the Services, e-mail or other notification method deemed appropriate by the Company. The Company shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the User, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, the Company will endeavor to use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension if possible. You agree that the Company will not be liable for any loss, cost, damage, or expense resulting from or relating to your lack of access to the Services.

7.2 From time to time, The Company may temporarily or permanently change or discontinue the Services or change and/or permanently remove any features associated with the Services. If you do not agree to any such change, your recourse is to terminate this Agreement in accordance with these Terms of Service.

8. CONTENT

8.1 Graceful Efforts reserves the right to create copies of the Content for the purpose of providing a high level of service availability. All Content is subject to our backup policies, meaning we retain the Content in specialized and encrypted backup systems for up to 180 days. The Company's backup services and systems are subject to access control policies.

8.2 The User acknowledges that the copies of the Content in our backup systems are not subject to individual restore requests.

9. PUBLIC CONTENT

9.1 Users who configure the Services to share or make available certain Public Content to the public, are deemed to acknowledge and agree that everyone will have access to the Public Content. It is the responsibility of the User to determine if the Public Content being shared is appropriate for each User. The Company reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.

9.2 Use of any Public Content uploaded by an User or working together with a Collaborator or Project Owner found on or through the Services and any other terms, conditions, warranties or representations associated with such any collaboration between Users, are under the sole responsibility of the Users. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such collaboration between you and any other User.

9.3 It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any opinion, advice, project templates or any other Content uploaded by other Users. Please seek the advice of professionals, as appropriate, regarding the evaluation of any Content. The materials made available through the Services are not intended to and do not constitute professional advice. Throughout the Services, certain terms e.g. "Expert", "Consultant," or "Advisor" may be used to refer to Users who claim to have certain knowledge, background, or experience that may be useful in responding to a question or project posted by other Users. Use of such terms provides no assurance that a Collaborator or Project Owner has any expertise or qualifications to give such advice or to manage such a project. You acknowledge that the Company is not obligated to independently verify User's qualifications.

10. LIMITED LICENSE, PURPOSE OF USE

10.1 The User is granted a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services.

10.2 You are authorized to use the Services for your personal and business use or for internal business purposes in the organization that you represent.

11. PAYMENTS, REFUNDS AND SUBSCRIPTION CHANGES

11.1 In exchange for the Services or some of the features associated with the Services, Project Owners shall pay the fees advertised by the Company within the Paid Plans and in the manner and at the times specified below.

11.2 When the User selects a Paid Plan, the User must provide the Company with their current and accurate billing data. Users must provide the Company with a valid credit card for payment of the applicable subscription fees.

11.3 All payments shall be charged in US dollars.

11.4 In addition to any fees advertised for the Services, the User may incur additional expense incidental to using the Services including charges for internet access, data roaming, and other data transmission charges.

11.5 Unless cancelled, the Paid Plan will be automatically renewed at the end of their subscription period.

11.6 The Company provides the Users the option of changing their payment details if they would like the payment for the renewal to be made through a different credit card. If the User does not wish to renew the subscription, they must cancel their current Paid Plan before they are billed for the next cycle.

11.7 Any upgrade or downgrade in Paid Plan level will result in the new rate being charged at the next billing cycle. Differences will be prorated.

11.8 If the User downgrades their Paid Plan, a loss of features or capacity of their account may occur. The Company does not accept any liability for such loss.

11.9 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies or duties.

11.10 If any charges are not received from the User by the due date, then such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or Graceful Efforts may condition future subscription renewals and Purchase Orders.

11.11 From time to time, the Company may change the price of any Services. Any increase in charges will not apply until the expiry of the User's current billing cycle.

11.12 Except as expressly stated in the Agreement, all charges are final and non-refundable, including payments made by monthly and annual subscribers, setup fees and other professional service charges.

11.13 Technical and billing support is only provided via trouble tickets in the support section of your account's homepage.

12. TRIAL PERIOD

12.1 The Company offers new Users a trial basis free of charge.

12.2 The Free Trial starts when you register as User and ends as advertised at the time of your registration. The Company will make all features associated with the Services available to you during the Free Trial. At any time during the Free Trial you can convert to a paid subscription to the Services.

12.3 When the Free Trial ends, if you do not upgrade to a Paid Plan, the Services or some of the features associated with the Services shall become inaccessible until you make the payment.

12.4 If an User upgrades his or her Paid Plan, the amount charged on the next billing cycle will be automatically updated to reflect any changes to the Paid Plan, as upgrading your Paid Plan will trigger prorated charges in the current billing cycle.

13. CANCELLATION AND TERMINATION

13.1 The User is solely responsible for properly canceling their account. An email or phone request to cancel their account is not considered cancellation. The User can cancel their account at any time by clicking the homepage link at the top of the screen and navigate to the support section. The support section provides a simple no-questions-asked cancellation link.

13.2 If you cancel the Services before the end of the current paid up month, their cancellation will take effect immediately, and you will not be charged again. However, there will not be any prorating of unused time in the last billing cycle.

13.3 Canceling the account will result in the immediate deactivation of the User's account. Following a period of no less that 180 days from the cancellation, all Content associated with the deleted account will be irrevocably deleted from the Services, unless legally prohibited. During a period of 180 days upon cancellation of an account, the User shall be able to retrieve his or her data in JSON format.

13.4 The Company in its sole discretion has the right to suspend or discontinue providing the Services to any User without notice for actions that are (i) in material violation of these Terms of Service or (ii) create a security emergency with respect to the Services. Upon termination of this Agreement due to reasons related to the aforementioned (i) and (ii) scenarios, no portion of any payments of any kind shall be owed or refunded to the User, as these sums shall be withheld as compensation for the damages incurred by the Company. In no event will any termination relieve the Users of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

13.5 Objections to suspension or disabling of User accounts should be made to build_email_disabledaccounts.

14. RESTRICTIONS

14.1 The Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Services, use of the Services, or any portion of the Services, including, but not limited to, any visual design elements without the express written permission from the Company.

14.2 Users agree not to modify, reverse engineer, disassemble, decompile, adapt or otherwise tamper with the Services or modify another website so as to falsely imply that it is associated with the Services, the Company, or any other software or service provided by the Company.

14.3 The User shall not apply any process or procedure to derive the source code of, create derivative works from, or build a product or service similar to any software or content included in the Services.

14.4 Users agree not to attempt to gain unauthorized access to the Services, other Users' accounts, computer systems or networks connected to the Services through injection, brute force, phishing, session hijacking, man-in-the-middle, access control mapping, default credential probing, cross-site scripting, software version probing, url alteration, or any other means. The Users agree not to use the Services or any features associated with the Services to transmit any computer viruses, worms, exploits, trojan horses, malicious code or other items of a destructive nature. The Users also agree not to (i) use any device, software, or technique that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services as defined by the Company (ii) make excessive traffic demands (iii) use the Services to violate the security of any computer network, device or API (iv) disrupt or interfere with the security of, or otherwise cause harm to, the Services or any features associated with the Services (v) remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services, or features that enforce limitations on the use of the Services.

14.5 Users agree that they will not knowingly use the Services in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening or in violation of the terms of this Agreement.

14.6 You shall not, and shall not attempt to, either directly or indirectly (i) gain (or provide to third parties) unauthorized access to the Services or the systems or networks of Moonbase or its affiliates (ii) access, use, or attempt to modify the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas under this Agreement.

14.7 Users agree that they will not knowingly use the Services to (i) upload, post, host or transmit unsolicited bulk email, spam, junk mail, chain letters, phishing or any other unsolicited mass distribution of email (ii) impersonate or misrepresent User relationship with any person or entity.

15. MALFUNCTION

15.1 As the Service is a complex software, the User understands and accepts the fact that unexpected behaviour may arise from their usage of the Service. Such unintended malfunctioning may affect the User's access to the Services, or their generated Content. Under no circumstances will the Company be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of or inability to use the Services or any features associated with the Services.

16. OWNERSHIP OF THE SERVICES, FEEDBACK AND THE COMPANY'S RIGHTS

16.1 You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by the Company.

16.2 Subject to these Terms of Service, the Company grants you a limited, non-exclusive revocable, non transferable, and non-sublicensable license to use the Services and in accordance with the Terms of Service. Any future release, update or other addition to the Services shall be subject to these Terms of Service. The Company, its suppliers and service providers reserve all rights not granted in these Terms of Service.

16.3 The Services, any features associated with the Service and any content comprising or used to display the Services, are protected by copyright, trademark, and other laws relating to intellectual property rights. Except as expressly provided in the Terms of Service, we and our licensors exclusively own all right, title, and interest into and to the Services, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the Company or their respective owners.

16.4 By sending us any feedback, comments, questions, or suggestions concerning The Company or any of our Services, you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or any aspect of the Services, e.g., should we cease offering it.

16.5 Except as expressly authorized by the Company or respective owners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or any features associated with the Services.

17. INTELLECTUAL PROPERTY

17.1 The Company claims no intellectual property rights over the Content you upload.

17.2 The Company does not review or pre-screen the Content and the Company does not claim any intellectual property rights in respect to the Content you upload.

17.3 You agree not to upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.

18. PERSONAL DATA AND PRIVACY

18.1 Personal information you provide to the Company through the Services is governed by the Company's Privacy Policy. Your election to use the Services indicates your acceptance of the terms of the Privacy Policy.

19. THIRD PARTY CONTENT AND LINKS

19.1 In the provision of Services the Company may use its own resources or those of third parties or a combination of such resources, which shall result in the display of links to other internet web services or in the automatic interaction with other internet web services on behalf of the User, when configured by the User to do so.

19.2 Because the Company has no control over such sites and resources, the User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

19.3 The User acknowledges and agrees that Graceful Efforts 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 goods or services available on or through any third party site or resource.

19.4 The Company does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein.

19.5 User interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms.

19.6 The User must agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

19.7 The Company may provide the ability to integrate the Services with third party products and services that User may use at User's option and risk. Access to and use of any third party products and services are subject to the separate terms and conditions required by the providers of the third party products and services. The User agrees that the Company has no liability arising from User's use of any integrations or arising from the third party products and services.

20. DISCLAIMER OF WARRANTIES

20.1 You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is and as-available basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Company makes no warranty that the Services will (i) be uninterrupted, timely, secure, or error free or (ii) meet your requirements or expectations or (iii) be free from viruses or other harmful components. Use of any material downloaded or obtained through the use of the Services shall be at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device, or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from the Company, its employees, or representatives shall create any warranty not expressly stated in the Terms of Service.

20.2 While the Company strives to keep the information on the Company's website accurate, complete, and up-to-date, the Company cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website of the Company.

21. LIMITATION

21.1 You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Services. You agree that the Company has no obligation or liability arising from or related to third party applications or the content thereof made available through or in connection with the Services, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to the Company, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

21.2 In no event shall the Company or its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, independent contractors, and related parties be liable to you or any third-party for any loss of profits, loss of use, loss of data, interruption of business, or any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Services or with the delay or inability to use same, or for any breach of security, or for any copyright infringement of the Content you uploaded, or for any content, products, and service obtained through or viewed on the Services, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise.

21.3 The aggregate liability of the Company for claims relating to this Agreement with respect to Users shall not exceed the amount payable by Users to the Company for a Paid Plan in the month preceding the date the claim arose.

22. INDEMNIFICATION

22.1 You agree to defend, indemnify, and hold harmless the Company its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Service and any breach by you of these Terms and Conditions.

23. MISCELLANEOUS

23.1 Technical support is available to Users via electronic support ticket in the support section of your account's homepage.

23.2 The User acknowledges and agrees that the Company may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

23.3 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

23.4 The Services may include certain communications from the Company, such as service announcements, administrative messages and newsletters. The User must understand that these communications shall be considered part of using the Services. As part of the Company's policy to provide the User total privacy, the Company also provides the User the option of opting out from receiving newsletters from the Company. However, the User will not be able to opt-out from receiving service announcements and administrative messages.

23.5 Except as otherwise specified herein, the Company may give notice to you by means of a general notice through the Services, electronic mail to your email address on record in your account information, or by written communication sent by first class mail to your address on record in your account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent electronically). You may give notice to the Company (deemed given upon receipt by the Company) to one of the addresses detailed in the "contact us" section on our website.

23.6 Use of the Internet is solely at your own risk and is subject to all applicable provincial, national and international laws and regulations. Neither The Company nor its affiliates will be liable for any loss resulting from a cause over which they do not have control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

23.7 Should any provision of these Terms of Service be found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

23.8 This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

23.9 The Company will not make any use of your name, trademarks or logo or any variations thereof, alone or with any other word or words, without your prior written consent, which consent will not be unreasonably withheld. Despite this, you agree that the Company may include your name in customer lists or related marketing and promotional material for the purpose of identifying users of the Services. If you do not wish to be used as a reference, please contact build_email_legal stating that you do not wish to be used as a reference.

23.10 This Agreement is governed by the laws and regulations of Romania; the conflict-of-laws rules are excluded. Any obligations, rights and remedies of the parties shall be determined in accordance with such laws. Any and all complaints, disputes, controversies, claims and/or litigation either party may have against the other, arising from or in relation to this Agreement, shall be settled amicably by the parties. If amicable settlement cannot be reached, either party shall submit the litigation to The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania which will settle the dispute according to the rules of arbitrage procedure of this arbitral court. The decision of The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania will be final, mandatory and binding towards the parties.

23.11 If you have any questions or concerns regarding this Agreement, please contact us at build_email_legal.

24. FINAL DISPOSITION

24.1 Subject to clause 13.4, violation of any of the Terms of Service of service may result in immediate revocation of authorization to use the Services.