Terms of Service

Last Updated February 05, 2025

Subject to these Terms of Service (this "Agreement"), Zing7 OOD ("we", "us", and/or "our") provides access to Trigani (the "Platform"), which is owned and operated by Zing7 OOD, along with its related Services. "Services" refer collectively to any products, functionalities, and offerings made available by us or our affiliates. Certain Services may be subject to additional terms, which will be outlined in specific agreements or appendices where applicable. For the avoidance of doubt, any open-source software provided through the Platform is governed by its respective open-source license and is not covered under this Agreement. By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

If you are using the Services on behalf of a company, business, or other legal entity, you confirm that you have the authority to bind that entity to this Agreement, in which case the term "you" shall apply to the entity you represent. If you do not have such authority or do not agree to the terms of this Agreement, you must not accept this Agreement and may not use the Services.

1. Description of Service

We provide cloud-based software solutions and applications designed to support businesses and organizations.

Access to the Services is available through any supported web browser, with users responsible for ensuring a stable internet connection and the necessary hardware or software for optimal use. Through a user account, you can create, modify, and manage content, with the option to publish and share it via the Platform if desired.

2. Age and Eligibility

You confirm that you are at least 16 years old. The Services may only be accessed through an electronic device that remains under your direct control at all times. A valid user account on the Platform can only be created and maintained if you provide accurate and up-to-date information during the registration process and ensure its continued accuracy.

You are responsible for maintaining the confidentiality of your login credentials and must not share them with others. Each user must have unique credentials, and account details may not be used by multiple individuals. You assume full responsibility for all actions and activities carried out under your account.

3. User Sign-Up Obligations

To access and use the Services, you must create a user account by submitting all required information during the registration process. If you are registering on behalf of an organization and intend to use the Services for internal business operations, it is recommended that you, along with other members of your organization, register using your corporate contact details, including your corporate email address.

By signing up, you agree to: (i) provide accurate, complete, and up-to-date information as requested during the registration process; and (ii) promptly update any information to ensure it remains true, current, and complete at all times. If you provide false, outdated, or incomplete information, or if the Platform has reasonable grounds to believe that the information you submitted is incorrect or misleading, your user account may be suspended or terminated, and you may be denied access to some or all of the Services, both now and in the future.

4. Organization Accounts and Administrators

When registering an organization account, you may designate one or more administrators. These administrators have the authority to configure the Services according to your organization’s needs and manage end users within the organization account. If a third party creates and configures the organization account on your behalf, they may assume the role of administrator. It is your responsibility to establish a clear agreement with such third parties, defining their roles and limitations as administrators of your organization account.

You are responsible for: (i) maintaining the confidentiality of your organization account credentials, (ii) appointing qualified individuals to serve as administrators, and (iii) ensuring that all activities conducted under the organization account comply with this Agreement.

We are not responsible for the internal administration or management of your organization account. It is your duty to take necessary precautions to prevent loss of control over administrator accounts. If your organization requires a recovery process for regaining access to administrator accounts, you must define and communicate this procedure. In the absence of a specified recovery process, we may grant access to an individual who provides satisfactory proof of authorization to act on behalf of the organization. You acknowledge that any actions we take in good faith regarding account administration or recovery are not grounds for liability.

5. Temporary Use License

For the duration of your authorized access to the Services, and provided you comply with the terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services solely for your personal or internal business purposes, in accordance with the capabilities of your account. Any rights not explicitly granted under this Agreement remain reserved. This license does not grant you any rights to use our trademarks or those of any third party in connection with the Services.

6. Your Content

You are entirely responsible for any software, code, data, information, feedback, suggestions, text, content, and other materials that you upload, submit, transmit, or store (referred to as "Your Content") in connection with the Services. It is your responsibility to maintain the confidentiality of your user account credentials, including usernames and passwords, and you are accountable for all activities conducted through your account.

We reserve the right to access your account if necessary to respond to your technical support requests. By uploading or transmitting Your Content via the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, store, display, publish, and distribute Your Content as necessary to operate the Services and safeguard the Platform and third parties against fraud, malware, malicious files, or security threats.

Additionally, we reserve the right to remove or disable Your Content at any time, with or without notice, for any reason, including but not limited to legal concerns, claims from third parties, or violations of this Agreement. If you are a user located in the European Economic Area (EEA): (i) We will remove or restrict access to Your Content or limit your use of the Services if required by applicable laws, such as cases involving illegal content, intellectual property violations, or breaches of this Agreement; (ii) If your Content is removed or your access to the Services is restricted, you and any third party who reported the issue may contact us to request a review of our decision. We will assess the complaint and provide information on possible further review options, if applicable.

7. Hobby Plan

We provide a free hobby plan at our sole discretion. The Services under this plan are strictly for personal or non-commercial use. We reserve the right to modify, suspend, or discontinue the hobby plan at any time, with or without prior notice.

Additionally, we may disable or remove any project or website deployed under the hobby plan at our discretion, without notice. Projects or deployments using the hobby plan may be terminated or shut down at any time for any reason or no reason. We also reserve the right to take such actions if a project experiences delays, performance issues, or security threats, including but not limited to malicious attacks on the deployment.

8. Acceptable Use

Your use of the Services (which includes participation in discussion forums or community spaces related to the Platform, if applicable) is subject to the following guidelines:

8.1. The Services must only be used for lawful purposes.

8.2. You must not attempt to compromise the security or integrity of our systems, networks, or those of any other users or entities. Unauthorized access to any system, network, or data is strictly prohibited.

8.3. You may not facilitate, support, or participate in the sale, distribution, or promotion of illegal goods or services.

8.4. You must not impersonate any person or entity, misrepresent your affiliation with any entity, or falsely claim authorization to act on behalf of another individual, business, or the Platform.

8.5. The use of software, scripts, or automated agents to create multiple user accounts, conduct automated searches, submit excessive requests, or extract content or data from the Platform is prohibited.

8.6. Circumventing or abusing our fair use policies, system limits, or any usage restrictions is not allowed, including the creation of multiple accounts to bypass limitations.

8.7. Accessing the Platform through automated means (e.g., bots, scrapers, or unauthorized scripts) is not permitted.

8.8. Sending bulk, unsolicited messages (spam), engaging in phishing, or creating deceptive content such as clickbait or fraudulent schemes is strictly prohibited.

8.9. You may not create, share, or distribute synthetic media (e.g., “deepfakes”) or any other materials that promote illegal activities, including but not limited to child exploitation or abuse.

8.10. You may not use the Services to replicate, imitate, or develop competing storage or cloud solutions.

8.11. The Services cannot be used primarily as a remote storage server or for mass distribution of downloadable content.

8.12. You may not resell, rent, lease, loan, sublicense, or otherwise transfer access to the Services, whether through framing, proxying, or any other method.

8.13. You are not permitted to engage in name-squatting within the Platform, including but not limited to reserving usernames, team names, or deployment URLs without active use. Additionally, you may not attempt to resell, trade, or barter these names, nor can you hold them with the intent of future use without legitimate activity.

8.14. You must not engage in activities that interfere with or disrupt the Services, overload our systems, or degrade performance for other users.

8.15. Using the Services to operate proxies, scrape data, create VPNs, or establish virtual private servers is prohibited.

8.16. You may conduct benchmark tests on the Services, provided that any publicly disclosed results include sufficient information to allow for replication by others.

We reserve the sole discretion to determine whether an account is in violation of this Agreement. Any breach of these Acceptable Use policies, whether by you or anyone using your account, may result in suspension or termination of access to the Platform, along with the removal of any related projects, deployments, or content.

9. Etiquette

You are prohibited from using the Services in connection with any website or linking to content that is deemed objectionable, abusive, profane, or hate speech, or that violates applicable laws, as determined at our sole discretion. You agree to indemnify and hold us harmless from any damages, losses, liabilities, settlements, and expenses, including legal fees, arising from any third-party claims related to your use of the Services in a manner that violates this Agreement.

While we are not obligated to monitor your use of the Services, we may do so using tools designed to detect patterns of abuse. If an investigation determines that your use of the Services violates this Agreement, we may restrict or terminate your access. You acknowledge that we have the right to disable or suspend your access to the Services if your content violates these terms, including but not limited to our Acceptable Use Policy, legal obligations, or hosting provider requirements.

10. Security and Compliance

You must configure Your Content, including any projects or deployments, in a way that ensures personal data or information is not transmitted, stored, or used without obtaining proper consent in accordance with applicable law. The Services must be set up in compliance with the Documentation, including the proper implementation of encryption as specified. While we perform regular backups of Your Content, you are also responsible for maintaining your own backups.

We are not liable for any unauthorized access, corruption, deletion, destruction, or loss of Your Content if it results from your misconfigurations, security vulnerabilities in your project, malware, or malicious content present in your website, project, or Content. If you become aware of any security incidents, vulnerabilities, or violations of these terms, or if you suspect any issues related to the Services, you must report them immediately to our security team.

11. Data Protection

11.1. International Transfers of Data

If Your Data or Your Content is subject to any data protection or privacy laws, its processing and storage within the Services must comply with the relevant legal requirements. By using the Services, you acknowledge and agree that your data may be transferred, stored, and processed internationally in accordance with applicable regulations.

11.2. Use of Your Data

You retain full ownership, rights, and interest in Your Data. We may only access, use, or disclose Your Data as necessary to provide the Services, ensure security, and protect against fraud, illegal activity, malware, or other threats. We do not sell, share, or distribute Your Data to third parties for any unrelated purposes. To safeguard your information, we maintain robust security policies and protocols, including technical, administrative, and physical safeguards to prevent unauthorized access, misuse, or disclosure.

11.3. Aggregate Data

We may collect and analyze non-identifiable, aggregate data related to the performance, usage, and operation of the Services. This data may be used to enhance, improve, and develop the Services, as well as for diagnostic, optimization, and analytical purposes. Any disclosure of such data will be in aggregate or de-identified form to ensure that no personally identifiable information is shared.

12. Usage Restrictions

You are prohibited from directly or indirectly sublicensing, reselling, renting, leasing, transferring, assigning, or otherwise commercially exploiting the Services or making them available to any third party, unless explicitly permitted under a separate agreement. However, certain authorized partners may offer access to the Services to their clients under partner agreements or other applicable terms. If such a relationship exists, it is governed by the specific terms agreed upon between us and the partner, which may supplement or modify certain provisions of this Agreement.

You may not attempt to reverse engineer, decompile, disassemble, or otherwise seek to uncover the source code, object code, underlying structure, ideas, algorithms, or technical know-how related to the Services or any associated software, documentation, or data. If reverse engineering is permitted by applicable law for the purpose of achieving interoperability, you must first formally request such information from us.

You are not allowed to modify, translate, or create derivative works based on the Services, unless expressly authorized. Unauthorized attempts to gain access to the Services or any related systems or networks are strictly prohibited. You may not use the Services for timesharing, service bureau purposes, or to benefit a third party outside of an authorized partnership agreement. Additionally, you must not remove, alter, or obscure any proprietary rights notices, including copyright notices, present within the Services or related documentation.

You must comply with all applicable laws and regulations, including data protection, privacy, and export control laws, and ensure that your use of the Services does not infringe upon the rights of any third party. You must adhere to any codes of conduct, policies, or notices issued by us regarding the Services and immediately report any security breaches or vulnerabilities that you become aware of.

You acknowledge that we may define general practices and limitations for the Services, including but not limited to the maximum storage capacity allocated for your use, the duration for which data, code, or other content is retained, the maximum compute capacity available for builds and functions, and the maximum network data transfer limits. Furthermore, we reserve the right to modify these general practices and limitations at any time at our sole discretion.

12. Complaints

If we receive a complaint regarding your use of the Services, we will forward the complaint to the primary email address associated with your user account. You are required to respond directly to the complainant within 10 days of receiving the forwarded complaint and must copy us in the communication.

If you fail to respond within 10 days from the date we notify you, we may disclose your name and contact information to the complainant to allow them to pursue legal action. You acknowledge that failure to respond within the designated timeframe will be considered your consent to the disclosure of your name and contact details to the complainant.

13. Hosting Location

The cloud facility from which you receive the Services is determined based on the mapping of your region or country to the available cloud infrastructure at the time of your registration. If there are updates to this mapping, we may migrate your account or require you to transition to a different cloud facility.

You must not mask your IP address during registration, as your region or country is determined based on this information. If at any time your actual region or country is found to differ from what is recorded in our system, we may take appropriate action, which could include migrating your account to the correct cloud facility, requiring you to do so, or, in some cases, restricting or terminating access to the Services.

If your account is served from a cloud facility outside your region or country and we have an office within your region, we may store a local copy of your data in that jurisdiction in addition to the designated cloud facility.

14. Electronic Communications

By using the Services, you agree to receive electronic communications from us. These communications may include notifications regarding applicable fees and charges, transactional updates, and other information related to the Services. Some communications may require your response or action to prevent service interruptions.

These electronic communications are an integral part of your relationship with us, and you will receive them as long as you continue to use the Services. You must ensure that your account email address remains accurate and that you are responsive to communications. You acknowledge that any notices, agreements, disclosures, or other messages sent electronically by us fulfill legal communication requirements, including those that must be provided in writing.

15. Representation and Warranties

15.1. Representations

You represent and warrant that you either own Your Content or have obtained all necessary permissions, releases, rights, or licenses required to upload, share, or use it within the Services without the need for further authorizations. You confirm that Your Content and any activities related to the Services, including our use of rights and licenses granted by you, do not and will not violate, infringe, or misappropriate any copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights of any third party. Additionally, you affirm that Your Content does not contain any material that is defamatory, obscene, unlawful, threatening, abusive, offensive, or harassing. You further agree to use the Services in full compliance with our published policies, documentation, and all applicable laws and regulations.

15.2. Mutual Warranty

Both parties represent and warrant that they have the full legal right and authority to enter into and fulfill their obligations under this Agreement without requiring approval from any third party or conflicting with any existing agreements.

16. Indemnification

You agree to indemnify and hold harmless us from any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, that arise as a result of your breach of this Agreement, any claims of infringement or misappropriation related to your websites or Your Content, or your access, contribution to, use, or misuse of the Services.

We will notify you promptly of any threats, claims, or legal proceedings related to such matters and will provide reasonable assistance, allowing you the opportunity to take sole control over the defense and settlement. However, you will not be liable for any settlement that you have not explicitly approved, provided that such approval is not unreasonably withheld or delayed.

17. Confidentiality; Proprietary Rights

17.1. Confidentiality

Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may disclose or has disclosed business, technical, product, financial, or other proprietary information related to its operations (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information related to us includes non-public details regarding the features, functionality, and performance of the Services. Your Proprietary Information includes any non-public personal data that you provide to us to facilitate the Services, including any data you upload to the Platform (collectively, "Your Data").

The Receiving Party agrees to (i) take reasonable precautions to protect such Proprietary Information and (ii) not use it or disclose it to third parties except as required for the provision of the Services or otherwise permitted under this Agreement. The Disclosing Party acknowledges that the obligations of confidentiality do not apply to information that (a) becomes publicly available without breach of this Agreement, (b) was lawfully obtained or known by the Receiving Party prior to disclosure, (c) is disclosed without restrictions by a third party with lawful authority, or (d) is independently developed without reference to the Proprietary Information. If the Receiving Party is legally required by a government authority or court order to disclose Proprietary Information, it must provide reasonable notice to the Disclosing Party, allowing it time to seek legal protection or limit the scope of disclosure.

17.2. Ownership of the Services

We retain all rights, title, and interest in and to the Services, including all enhancements, modifications, or improvements, as well as all intellectual property rights associated with the Services. Nothing in this Agreement grants you ownership of any portion of the Services.

17.3. Feedback

If you or any of your users provide suggestions, recommendations, or feedback regarding the functionality, features, documentation, or performance of the Services, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, and worldwide license to use, modify, distribute, and exploit such feedback in any way, with the right to sublicense it through multiple tiers.

17.4. Use of Customer Name

For the duration of this Agreement, you grant us a non-exclusive, royalty-free, fully paid-up license to use and display your trademarks, tradenames, and logos in marketing materials and promotional content to indicate that you are a customer of the Services. We will comply with any written guidelines you provide regarding trademark use. Any goodwill generated from the use of your trademarks, tradenames, or logos shall remain solely with you.

18. Payment of Fees

18.1. Plans

The Services are offered based on the plan level you choose. We provide a free hobby plan as well as paid subscription plans ("subscriptions"). For enterprise-level access, you may contact us separately to discuss licensing options. You may upgrade or downgrade your plan level at any time during your subscription period, though any downgrade will not take effect until the next renewal date.

For subscriptions, including any additional Services added to your plan, you will be charged applicable fees and taxes. Payments will be processed using the credit card or other payment method linked to your account, in accordance with the billing terms in effect at the time of the transaction. You acknowledge and agree that we will automatically charge your payment method for the following: (i) at the beginning of each subscription term for the subscription plan you have selected, as well as for any additional Services added to your account, and (ii) in arrears for any additional Services used or added to your subscription plan during the previous billing cycle.

All subscriptions and any additional Services will automatically renew for the same term length as the initial subscription unless canceled. You represent and warrant that your payment information is accurate and that you are authorized to use the provided payment method. You must promptly update your account details if any changes occur, such as a new billing address or credit card expiration date.

If a payment fails or cannot be processed for any reason, we reserve the right to suspend or terminate your access to the Services. All fees are non-refundable, unless expressly stated otherwise in this Agreement.

18.2. Payments

All payments must be made in the designated currency and within the applicable jurisdiction. You are responsible for covering any applicable taxes, duties, and withholdings related to your payments. If we are required by law to collect and remit taxes, you agree to pay the appropriate amount directly to us.

If any portion of a payment is withheld due to tax regulations or an international tax treaty, you agree to increase the payment as necessary to ensure that we receive the full amount due. Any pre-approved and agreed-upon costs will be reimbursed by you as required.

We reserve the right to modify pricing and payment terms at our discretion. Any changes will take effect at the start of the next billing cycle, and you will be provided with written notice regarding any updates to pricing that affect your Services. If you continue using the Services after a price change takes effect, it will be considered your acceptance of the updated fees and payment terms.

19. Third Party Applications

The Services may integrate with various third-party applications ("Third-Party Applications"). Access to and use of these Third-Party Applications may require acceptance of their respective terms of service and privacy policies ("Third-Party Terms"). It is your responsibility to read and understand these Third-Party Terms before using any Third-Party Application.

You acknowledge that we are not responsible for the availability, functionality, or security of any Third-Party Applications. While we will make reasonable efforts to provide advance notice, you agree that we may, at any time and at our sole discretion, suspend, restrict, disable access to, or remove any Third-Party Application from the Services without prior notice. We will not be liable for any resulting losses, including but not limited to loss of profits, revenue, data, goodwill, or other intangible assets.

20. Term and Termination

20.1. Term

This Agreement begins upon your acceptance and remains in effect as long as the Services are provided to you. Unless canceled in advance, the term of your hobby plan, subscription, or any additional Services will automatically renew for a period equal to the original term. You may terminate your account or downgrade your plan at any time by submitting a cancellation request, with the termination taking effect at the start of the next renewal period.

We may terminate your account and this Agreement at any time by providing 30 days' notice to the administrative email associated with your account. If you breach any terms of this Agreement, we may terminate it with 10 days’ notice, or 2 days' notice in the case of nonpayment. Additionally, we reserve the right to immediately terminate your account if you exceed usage limits, including but not limited to storage capacity, data retention period, compute power, or network bandwidth allocations.

We may also terminate inactive accounts after an extended period and reserve the right to modify or discontinue the Services, in whole or in part, with or without notice. If your account is terminated, Your Content may be permanently deleted. If we terminate your account without cause and you have prepaid for a subscription, we will issue a pro-rated refund for any unused portion of the Services.

20.2 Survival

Any provisions of this Agreement that by their nature should survive termination will remain in effect, including but not limited to payment obligations, confidentiality, warranty disclaimers, and limitations of liability.

20.3 Effect of Termination

Upon termination of this Agreement for any reason, the licenses granted under this Agreement will immediately terminate, and you and your users must cease all use of the Services. We will discontinue support, and you must pay any outstanding fees. Within 14 days of termination, both parties must either destroy or return all Proprietary Information belonging to the other party. No copies of such information may be retained, except for one archival copy kept solely for compliance purposes.

21. Disclaimer

THE SERVICES AND ANY ASSOCIATED SUPPORT SERVICES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES OR ANY DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, NOR DO WE WARRANT THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

22. Limitation of Liability

22.1. Limit of Liability and Waiver of Consequential Damages

EXCEPT IN CASES WHERE YOU BREACH SECTIONS 12, 17, OR 18, VIOLATE ANY REPRESENTATIONS OR WARRANTIES, OR FAIL TO MEET YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY MATTER RELATED TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY.

NEITHER PARTY SHALL BE RESPONSIBLE FOR ERRORS, SERVICE INTERRUPTIONS, DATA LOSS, CORRUPTION, INACCURACIES, OR THE COSTS ASSOCIATED WITH OBTAINING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, NOR FOR ANY BUSINESS LOSSES. ADDITIONALLY, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

FOR ANY DIRECT DAMAGES, THE TOTAL LIABILITY OF EITHER PARTY, INCLUDING ALL CLAIMS COMBINED, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES YOU HAVE PAID FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT THAT CAUSED LIABILITY.

THIS SECTION DEFINES THE RISK ALLOCATION BETWEEN THE PARTIES, AND BOTH PARTIES HAVE AGREED TO THESE LIMITATIONS IN ENTERING INTO THIS AGREEMENT.

22.2. Limits

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, meaning that certain provisions in this section may not apply to you. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

23. Miscellaneous

We may update this Agreement from time to time by providing notice, either by sending an email to the address associated with your account or by posting a notification on the Platform. The latest version of this Agreement will always be available for review. Any revisions will take effect immediately after they are posted or communicated to you. Your continued use of the Services after such changes constitutes your acceptance of the updated Agreement. If you do not agree with any modifications, your sole remedy is to stop using the Services and request cancellation of your account.

If any provision of this Agreement is determined to be unenforceable or invalid, it will be limited or removed to the minimum extent necessary, so that the remaining provisions continue in full force and effect. You may not assign, transfer, or sublicense your rights or obligations under this Agreement without our prior written consent, whereas we may assign or transfer this Agreement, in whole or in part, without restriction. Any unauthorized assignment or transfer will be considered null and void.

This Agreement constitutes the entire understanding between the parties and supersedes all prior written and oral agreements, communications, and discussions related to its subject matter. Any amendments must be made in writing and signed by both parties unless otherwise provided herein. Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other rights.

Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship between the parties, and neither party has the authority to bind the other in any respect. In any legal action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover reasonable legal costs and attorneys' fees.

All notices under this Agreement must be in writing and will be considered duly delivered when received in person, when electronically confirmed if sent by email, the day after it is sent via overnight courier, or upon receipt if sent via certified or registered mail with return receipt requested.

We will not be liable for any delays or failures in performance under this Agreement if caused by events beyond our reasonable control, including but not limited to natural disasters, acts of terrorism, pandemics, labor strikes, expropriation, compliance with unanticipated government orders, war, sabotage, fires, floods, explosions, or riots.

24. Governing Law; Disputes; Arbitration

24.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Bulgaria, without regard to its conflict of law provisions.

24.2. Binding Contract

You acknowledge that this Agreement is a legally binding contract between you and us, even though it may be electronic and may not require physical signatures. Your use of the Services constitutes acceptance of this Agreement.

24.3. Exclusive Jurisdiction and Venue; Arbitration

24.3.1. Disputes with Customers Based in Bulgaria

If you are located and headquartered in Bulgaria, you agree that any disputes, claims, or legal proceedings arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Bulgaria. You and we irrevocably consent to these courts as the sole venue for resolving such disputes and waive any objections based on jurisdiction or venue.

24.3.2. Disputes with Customers Outside of Bulgaria

If you are located outside of Bulgaria, any dispute related to this Agreement that cannot be resolved through direct negotiation will be exclusively settled through final and binding arbitration, in accordance with the rules of the Bulgarian Arbitration Court. The arbitration shall be conducted by a single arbitrator, selected by mutual agreement of both parties, or, if an agreement cannot be reached, appointed in accordance with the applicable arbitration rules.

The arbitration proceedings shall be conducted in English or Bulgarian, and the location shall be Sofia, Bulgaria. Each party will bear its own arbitration costs unless otherwise determined by the arbitrator. The arbitrator shall have the authority to interpret this Agreement, issue rulings on disputes, and impose appropriate remedies, including but not limited to injunctive relief. However, the arbitrator shall not have the authority to grant damages exceeding the limitations set forth in this Agreement.

Notwithstanding the arbitration requirement, either party may seek interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm or enforce rights under this Agreement. Such action will not constitute a waiver of the arbitration requirement.

24.3.3. Opt-Out

You have the right to opt-out of arbitration by sending written notice of your decision to opt-out within 30 days of your first use of the Services. The notice must be sent to [Insert Contact Email], clearly stating your intent to opt-out of arbitration. If you do not opt out within this timeframe, you will be bound by the arbitration provisions of this Agreement. If you opt out, we will also not be bound by the arbitration clause.

25. Previews

We may, at our discretion, offer certain Previews from time to time. Previews are made available "AS-IS," "WITH ALL FAULTS," and "AS AVAILABLE", without any warranties, indemnities, or service level commitments. Support Services will not be provided for Previews.

We reserve the right to modify, discontinue, or terminate your access to Previews at any time, with or without notice. For the purposes of this Agreement, "Previews" refer to any Services, releases, features, or functionality offered in a preview, pre-release, beta, demonstration, or evaluation capacity.