Terms of Service
Valid from 10.02.2021
PLEASE READ THESE TERMS OF SERVICE OF SendQu (HEREINAFTER “TERMS”) CAREFULLY. BEFORE USING THE SERVICES DESCRIBED HEREIN. THESE TERMS APPLY TO YOUR (HEREINAFTER “USER”, “YOU”) USE OF THE SERVICES INCLUDING https://www.sendqu.com/ (HEREINAFTER “WEBSITE”), THE TECHNOLOGY AND THE PLATFORM ASSOCIATED THEREWITH, WHICH ARE OPERATED AND MAINTAINED BY Fintech Marketplace OÜ (REGISTRY CODE 16037650) (HEREINAFTER “SendQu ”, “WE”, OR “US”).
- These Terms constitute a binding agreement between SendQu and the user as soon as the user visits the Website and uses Services. By doing so, the user confirms that he has read and accepted these Terms in their entirety before finishing the registration procedure.
- The user accepts that the Terms may be updated by SendQu from time to time. If the user does not read and accept the Terms in their entirety he should not use or continue using the Services.
- The information available on the Website does not constitute an offer or invitation to buy any investment-related advice or other product or service, nor an offer to sell these to individuals in a jurisdiction where such offer or advertisement is not permitted or cannot legally be carried out, or to the persons to whom targeting such an offer or advertisement would be illegal. If you have decided to visit the Website, you do so at your own initiative and risk and are responsible for compliance with all laws, rules and regulations which apply to you.
2. Provided Services
- The main service of SendQu is providing software for creating proposals for small law firms and freelance lawyers. (hereinafter “Service”).
- To be able to use all possibilities and functionality of our Services you shall go through the registration process and create an Account. “Account” is a user account accessible after the registration process and via the Services where the user may request. Users can manage and maintain only one Account. Users are prohibited from creating multiple accounts. When you create an Account you oblige to:
- change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or off-line services;
- provide accurate email, which belongs to you and shall be, therefore, verified. The access to the provided services without verification of the e-mail is not allowed;
- maintain the security of your Account and promptly notify us if you discover any suspicious activity related to your account;
- take responsibility for all activities that occur under your Account.
3. AML and KYC procedure
- SendQu reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions.
- Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
- you use our Services at your sole option, discretion and risk;
- you are solely responsible for any applicable taxes which may be payable while using our Services;
- there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections, such as any malfunction and unintended function;
- You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
- use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
- use our Services to participate in fraudulent, scam or any type of illegal activity;
- provide false, inaccurate, or misleading information;
- attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
- develop any third-party applications that interact with our Services without our prior written consent;
- encourage or induce any third party to engage in any of the activities prohibited under this Section.
5. Information Privacy
- Never share the details of your transaction, including, but not limited to, your ID, the transaction hash, recipient address and/or e-mail related to account, with anyone except SendQu representatives. SendQu will not request specific information about user accounts, transactions or other personally identifiable data from you unless: (i) the information is requested to help complete a transaction initiated by you; (ii)the information is requested to efficiently process your enquiry; or (iii) it is legally required e.g. in connection with the AML/KYC procedure.
- You should ascertain that your transactions and/or account details are not disclosed by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use of it.
6. Third-Party Content and Services
- For the purposes hereof “Third-Party Content” shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services.
- No control over third-party services. You may be charged fees by the third-party service provider. SendQu is not responsible for any third-party services’ fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
- While using our Services, you may view Third-Party Content. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
7. Copyright Infringement
- As SendQu asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the material located on or linked to a Website violates any copyright please notify us at email@example.com. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SendQu or others, SendQu may, in its discretion, terminate or deny access to and use of the Services.
8. Intellectual Property
- All our intellectual property assets (hereinafter “IP“) including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme and graphics are protected by local and international intellectual property laws and treaties.
- We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use our IP for your personal use only.
- In any case you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
- The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services.
- In case you upload or share any feedback, suggestion, idea or other information or material (hereinafter “Content”) with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion.
9. Limitation of Liability
- In no event will SendQu be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement or substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by User to SendQu under this Agreement during the twelve (12) month period prior to the cause of action.
- SendQu shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. Disclaimer of Warranties
- The Services are provided “as is”. SendQu hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. SendQu makes no warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.
11. General Representation and Warranty
- User represents and warrants that:
- use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
- User agrees to indemnify and hold harmless SendQu, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the use of the Services, including but not limited to violation of this Agreement.
13. Termination of the Terms
- We reserve the right to terminate these Terms access to Services at any time, with or without cause, with or without notice, effective immediately.
14. Dispute Resolution
- The law of the Republic of Estonia shall apply to these Terms.
- All disputes arising from these Terms will be settled by the negotiations of the parties. If the disputes resulting from these Terms could not be settled by the negotiations of the parties within a reasonable timeframe, the dispute will be solved in the Harju County Court, in Tallinn, Estonia.
- Continued use of the Website following the posting of such changes will constitute assent to all such changes. Please periodically visit this section to review the current version of these Terms.
- SendQu reserves the right, at its sole discretion, to modify or replace any part of this Agreement. SendQu may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.