Terms of Use

Greetings!

Clakson OÜ, our subsidiaries, agents, partners, and affiliates are collectively referred to as “Clakson”, “we”, “us”, and “our”. Clakson owns, operates, and provides a Website https://clakson.net/.

These Terms of Use (“Agreement”) constitute a legally binding agreement made between Clakson and every (16+) natural person (“User”, “you”, “your”).

The User agrees that by accessing the Website, he read, understood, and agreed to be bound by this Agreement.

You agree that by accessing the Website, you have read, understood, and agreed to be bound by this Privacy Notice. If you don’t agree with this Agreement, then you are expressly PROHIBITED using the Website, so you must discontinue use immediately.

Clakson reserves the right to change this Agreement occasionally, without prior notice and User’s consent.

Disclaimer:

• Services. Clakson doesn’t provide financial, payment, or banking services, or any advice on this matter. Clakson just helps merchants find the best payment solutions based on their criterias and provides any additional services according to separate agreements with them.
• Regulatory Compliance. Clakson operates as a payment facilitator in strict adherence to legal and regulatory standards, but it is not a licensed or sublicensed payment institution, electronic money institution, bank, or cryptocurrency provider.

• Services. Clakson provides the User complimentary access to the Website, along with all information and available functionality. The User can free of charge use the Website, open it in browsers, familiarise himself with all information, follow internal and external links, etc.

Use of the Website

Advertisement. Clakson has the right to distribute any advertisement using the Website.

Notification. Clakson has the right to send any electronic notifications, including advertising, to the User, if:

• The User gave his consent using a special checkbox or a send-out form.
• The User subscribed to Clakson’s mailing list.
• The User has already used the services of Clakson and Clakson sends him an advertising notification with the subsequent opportunity to refuse such mailing in the notification itself.
• Clakson sends a technical notification to the User.

Subcontractors and third-party services. The Clakson may engage contractors, subcontractors, and partners to perform this Agreement, without additional approval from the User.

External links on the Website. Links from the Website to other websites, and applications (web, mobile, and desktop) are for information only. We don’t control all of them and don’t accept responsibility for other websites, any materials found upon them, or any loss you suffer from using them.

Restricted Activities

Compliance with the law. The User must follow all the laws and rules that apply to his use of the Website. You are responsible for making sure that you don’t break any laws when he uses the Website. Clakson might check to see if the User is following the laws, just to make sure.

Prohibition of fraudulent activities. Using the Website for fraudulent activities or attempting to access other users' accounts is prohibited. It is forbidden to use any methods, including, but not limited to automatic systems, for posting, commenting, or rating content to circumvent moderation rules and create fake activity.

Behave yourself. The User agrees to use the Website only in a manner that is lawful, ethical, and respectful of others. The User agrees not to use the Website or any associated services to engage in any discriminatory behavior, harassing, defamatory, obscene, offensive, or otherwise objectionable, whether in person, in writing, or online.

Frames. Without prior approval and written permission, the User must not create frames around our Website that alter in any way the visual presentation or appearance of our Website.

Links to the Website. The User agrees that he will not create or include any links on our Website that:

• Are libelous, defamatory, obscene, or otherwise objectionable.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe upon any intellectual property rights, including but not limited to copyright, trademark, or patent rights.
• Advocate illegal activity or violate any applicable laws or regulations.
• Misrepresent his relationship with Clakson or imply endorsement, sponsorship, or approval by Clakson without prior written consent.
• Are otherwise inappropriate or harmful to Clakson's reputation or interests.

We reserve the right to request the removal of any links that violate these prohibitions, and you agree to promptly comply with any such request. Failure to comply may result in legal action or other measures deemed necessary by Clakson.

• Intellectual Property Rights. The Website, including but not limited to text, content, photographs, video, audio, links, software, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws. The Website is also protected as a collective work or compilation under copyright and other laws and treaties. All individual articles, columns, and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Website has been developed, compiled, prepared, revised, selected, and arranged by Clakson, its partners, subsidiaries, affiliates, and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of Clakson and such others. You agree to protect the proprietary rights of Clakson and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by Clakson or its service providers, partners, and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and law rights in the Website. You agree to notify Clakson in writing promptly upon becoming aware of any unauthorized access or use of the Website by any individual or entity or of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and Clakson, at all times be and remain the sole and exclusive property of Clakson. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to Clakson for its exclusive use. Except as specifically permitted, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without Clakson’s prior written approval.

Intellectual Property Violation.

Infringements. If you believe that any content on the Website infringes upon your intellectual property rights or the intellectual property rights of a third party, please promptly notify us in writing via the link [email protected].

Notification. Your notification must include

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information is reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Answer the notification. In case Clakson finds the notification legally grounded, reasonable, and containing the full necessary information, it shall make all necessary steps, as required by the applicable law. In any case, a response to your notification shall be provided within 30 business days of its receipt.

Disclaimer

The Website is Provided on an “AS IS” and “AS AVAILABLE” basis. The Clakson is not responsible and does not provide any warranties, express or implied, and hereby disclaims any implied warranties regarding the Website including, but not limited to:

• Availability in case of problems with the network, software and hardware, electricity supply of the User, and third parties.
• Compliance of the name, appearance, internal structure, and functions with any expectations of the User.
• Protection against any damage to Users, persons related to them, their property, and non-property rights from the action and/or inaction of any third parties.

Limitation of Liability

Clakson’s Limitation of Liability. Clakson limits its liability for breach of the Agreement, as well as for any damages to the amount of 100 (one hundred) US dollars.

Exclusion from Clakson’s Liability. Clakson excludes its liability from any indirect losses including, but not limited the following:

• Any loss of profit;
• Any loss of goodwill;
• Any loss of opportunity;
• Any reliance placed by you on the completeness, accuracy, or existence of any information or advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on the Website or about the Website;
• Any changes which we may make to the Website, or for any temporary interruptions in the provision of the Website;
• The deletion of, corruption of, or failure to store, any data maintained or transmitted by or through your use of the Website.

Indemnification

The User agrees to indemnify and hold harmless Clakson, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Website and its services.
• Your violation of these Terms of Use or any applicable laws, regulations, or third-party rights.
• Any content or materials you submit, post, transmit, or otherwise make available through the Website.
• Any violation or infringement of intellectual property rights or other rights of any third party.
• Any negligent or wrongful act or omission by you.

You agree to cooperate fully in the defense of any claim and to promptly provide Clakson with any information necessary for defense. Clakson reserves the right to assume exclusive control over the defense of any matter subject to indemnification by you, and you agree not to settle any matter without the prior written consent of Clakson.

Terms and Termination

Term of validity of the Agreement. This Agreement becomes effective for a specific User from the date of its first use. By continuing to access, link to, or use this website, or any service accessible via this website, you confirm that you accept these terms of use and that you agree to comply with them. This Agreement is valid until its termination or terminated by Clakson or User. The version of the Agreement is open for accession from the Effective date.

Termination of the Agreement by mutual consent. In such a case, the Party that intends to terminate the Agreement must notify the other Party of this in writing, by sending the corresponding notification by e-mail.

Termination of the Agreement by Clakson. Clakson has the right to terminate this Agreement unilaterally by blocking the User's accession to the Website. Clakson may inform the User of the fact and reasons for termination by sending a message to the User's e-mail. The Agreement is terminated from the date of the blocking or sending of the notice. In this case, the User does not have the right to re-enter this Agreement and use the Website.

Termination of the Agreement by the User. The User has the right to terminate this Agreement unilaterally by notifying Clakson support service and/or by sending a message to the e-mail address specified on the Website. The User also has the right at any time to stop using the Website. The Agreement is terminated from the date of receipt of the notice.

Changes to the Agreement. Clakson reserves the right to change the Agreement and the Website at any time and without the pre-approval from the User. Amendments can be indicated by changing the Effective date. The User grants his consent to the changes in the Agreement and the Website by continuing to use the Website.

Governing Law and Disputes Resolution

Legislation. This Agreement shall be governed by and construed under the laws of Estonia, without giving effect to any principles of conflict of laws.

Disputes. All disputes or claims about this Agreement are resolved within 30 business days of negotiation, if negotiation doesn’t work the court of Estonia under Estonia law must resolve it. The defeated party should pay all reasonable court and attorneys’ fees and costs.

Miscellaneous

Assignment. The User cannot transfer or give away his rights and responsibilities under this Agreement without Clackson's permission. If the User tries to do so, it will be invalid. The Clakson can give his rights and responsibilities under this Agreement to someone else without asking for User’s permission. Both Parties are still responsible for following this Agreement, even if they are assigned to someone else.

Eligibility. To take part in this Agreement, the User must meet the requirements outlined in it. By using the Website, the User is saying that he is legally able to enter into this Agreement and follow its terms. If the User doesn't meet the requirements, he can't participate in or benefit from this Agreement. If the User becomes ineligible, he needs to let the Clakson know right away. If the User lies about your eligibility or breaks this clause, the Agreement may be terminated, or the User may lose your right to participate or benefit from it.

Entire Agreement. This Agreement is the only agreement between Clackson and User regarding the use of the Website. This Agreement replaces any other agreements or discussions we've had before.

Force majeure. The Clakson will not be liable for any failure or delay in the performance of our obligations under this Agreement if such failure or delay is due to causes beyond his reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of any such delay, the time for performance will be extended for a period equal to the time lost because of the delay.

Headings. The headings in this Agreement are just to help you understand what each section is about, and they won't change the meaning of anything. When Clakson uses words like "including" or "such as," it doesn't mean that we've listed everything that could be included.

Languages. This Agreement is available in English. If there are any differences between the English and any other versions and the translation to another language, the English version shall prevail.

No partnership. By using the Website, the User does not become Clakson’s partner, employee, or agent. The User can't say that he represents Clakson or that we're working together in any formal way. The User doesn't have the authority to make any deals or promises on Clakson’s behalf. When the User uses the Website, he is responsible for paying any taxes or government fees that come up.

No waiver. If Clakson doesn’t use any rights under this Agreement, it doesn’t mean Clakson refuses his rights. If Clakson does decide to waive any of its rights, Clakson will make it by writing and signed by us formal refusal.

Notices of Breach. If the User breaks any of these rules, the User can do whatever Clakson needs to fix the problem, including cutting off the User’s access to the Website. Clakson might also give the User notice of the problem and a chance to fix it within a certain amount of time. If the User doesn't fix the problem in time, Clakson can take action to protect his rights.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be deemed severable, and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that accomplishes the same purpose as the original provision, to the extent possible.

Counterparts. This Agreement may be executed in one counterpart, which shall be deemed an original. This Agreement by placement on the Website shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Contact Information

Direct Contact. You can contact us electronically via email at [email protected].

Contact Person. You can send to us a paper letter on Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415. Contact person is Eesti Firma OÜ.

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