01Acceptance of these Terms
These Terms of Service (the “Terms”) are a contract between you and COTRONIKA EOOD, a Bulgarian limited-liability company with UIC 202457989 and registered office in Sofia 1700, Bulgaria (“COTRONIKA”, “we”, “us”, “our”).
By creating an account, by signing an order form that references these Terms, or by using the UXO platform (the “Service”), you agree to these Terms. If you are accepting on behalf of a company, you confirm that you have authority to bind that company, and references to “you” or “Customer” mean that company.
If you do not accept these Terms, do not use the Service.
02Definitions
- Service
- The UXO platform, including the marketing site at uxo.bg, the staff dashboard, the customer-facing ordering apps for dine-in, pickup, delivery and reservations, the marketplace discovery surfaces, the supporting APIs and any documentation we make available - on every Plan we offer, paid or free.
- Account
- The single registration under which a Customer accesses the Service. One Account may hold one or more Venues, depending on the Plan.
- Customer
- The natural or legal person who registers an Account, accepts these Terms and uses the Service, whether on a Paid Plan, a Free Plan, a Promotional Plan or a Trial. You are a Customer whether or not a Fee is payable for your Plan.
- HORECA
- The hotel, restaurant and catering sector: accommodation providers (hotels, guest houses, guest apartments and similar), food and drink establishments (restaurants, cafés, bars, patisseries, bistros and fast-food outlets), food-court units, catering operators and similar businesses that serve food, drink or accommodation to guests.
- Venue
- A real establishment in the HORECA sector that the Customer operates, or that the Customer is authorised to manage or represent, and that the Customer sets up under its Account.
- Guests
- The end-customers of Customer’s Venues who browse menus, place orders, make reservations or otherwise use the Service’s customer-facing surfaces.
- Plan
- The commercial package that determines which features, limits and number of Venues are available to an Account. A Plan is a Paid Plan, a Free Plan, a Promotional Plan or a Trial.
- Paid Plan
- A Plan for which a Fee is payable.
- Free Plan
- Any Plan we offer with no subscription Fee and no fixed term, including the digital-menu (“OnLineMenu”) mode. A Free Plan is available while we offer it, on the terms of Section 4.
- Promotional Plan
- A Plan supplied under a promotion, a partner arrangement or a discount of one hundred per cent, so that no Fee is actually payable for the promotional period.
- Trial
- A time-limited free evaluation of a Paid Plan, or a free demo Account we issue for evaluation, under Section 4.
- Inactive Account / Inactive Venue
- An Account or a Venue on a Free Plan, a Promotional Plan or a Trial that meets at least one of the criteria in Section 13.6. A Paid Plan Account that is paid up to date is never Inactive for the purposes of these Terms.
- Restriction
- Limiting a single feature or a single part of the Service for an Account or a Venue, while the rest of the Service stays available.
- Suspension
- Temporarily stopping access to the Service, or temporarily taking a Venue’s public pages offline, without ending these Terms. A Suspension can be lifted.
- Termination
- Ending the contractual right to use the Service under these Terms. Termination is followed by the export window in Section 13.10.
- Deletion
- The removal of Customer Data, which happens only after the export window in Section 13.10 has run out.
- Durable Medium
- Email to the address tied to the Account. Where these Terms require a notice, a statement of reasons or a decision to be given on a Durable Medium, we send it by email to that address.
- Customer Data
- Any data Customer or its Guests submit to the Service, including menu content, orders, reservations, photos, contact details, business settings and any other content uploaded to or generated through the Service.
- Documentation
- The published user guides, knowledge-base articles and API references for the Service.
- Order Form
- Any online checkout, written quote or invoice that identifies the chosen subscription plan, term and fees.
- Fees
- The subscription, usage-based and other charges set out on the pricing page or in an Order Form.
03Eligibility and account registration
The Service is intended for use by businesses in the HORECA sector, as defined in Section 2, and by the staff they authorise. You must be at least eighteen years old and legally capable of entering into a binding contract to register an Account.
To register an Account you must operate at least one real Venue, or be authorised to manage or represent it. If you register a Venue on behalf of someone else, you confirm that you have that authorisation and will tell us promptly if it ends.
You agree to provide accurate, current and complete information during sign-up and to keep that information up to date. That includes the Venue’s name, address and a contact channel that actually reaches you.
Verification
We may ask you, on reasonable grounds, to confirm that a Venue is real and that you are entitled to manage it - for example a company or VAT registration number, a business address, a phone number that answers, a public menu, or control of the Venue’s own domain or business listing. We will say what we need and why.
You have seven days from our request to respond, unless the request states a longer period. If you do not respond, we may repeat the request. Section 13.4 sets out what happens if verification we reasonably asked for is not supplied.
One Account, one or more Venues
A single Account may manage one Venue or several, depending on the Plan. Multi-location businesses, chains, franchises, hotel groups and food-court operators are expressly welcome and are not a breach of these Terms. Each Venue must be real and you must be entitled to manage or represent it.
What is not permitted is creating duplicate Accounts or duplicate Venues in order to get around a Plan limit, to repeat a promotion or a Trial, or to get around a Restriction, a Suspension or a Termination we have already applied.
Credentials
You are responsible for keeping your sign-in credentials confidential and for all activity that occurs under your Account. Tell us immediately at [email protected] if you suspect any unauthorised access.
04Subscription, Free Plan, fees and billing
Plans and billing cycle
The Service is offered on a subscription basis and, for the Free Plan, at no charge. The plan you choose, the included features and the Fees are set out on the pricing page at the time of purchase or on the Order Form. For a Paid Plan we bill in advance, either monthly or annually, in the currency shown at checkout.
Free Plan
We offer at least one Free Plan. A Free Plan has no fixed term and no subscription Fee. You may use it for as long as we offer it and you comply with these Terms.
Where we describe a plan as “free”, “free forever” or in similar words, that means the plan does not expire on a set date and carries no subscription price while we offer it. It is not a promise that the plan, a particular feature, or the Service will exist indefinitely.
We may change, replace or discontinue a Free Plan, and we may discontinue the Service as a whole. When we do, Section 5 and Section 13.9 apply: at least thirty days’ prior written notice on a Durable Medium, except where a valid legal exception allows a shorter period.
A Free Plan never converts into a Paid Plan automatically. We will not charge you anything for a Free Plan Account unless you expressly choose a Paid Plan and confirm the purchase. If we discontinue a Free Plan we may offer you a paid alternative, an export or another migration path; you have to accept it expressly, and silence is not acceptance.
If we discontinue a Free Plan or the Service, you keep the full data-export window in Section 13.10. To the extent applicable law allows, no compensation is due for a Free Plan solely because that plan or the Service is discontinued.
Free trial
Where a Paid Plan advertises a free trial, you may use the Service for the trial period without paying. We will tell you the trial’s length and end date at sign-up. We may require a valid payment method to start the trial. If you do not cancel before the trial ends, the subscription converts automatically to a paid plan and we charge the first Fee. This automatic conversion applies to a Trial of a Paid Plan only; it never applies to a Free Plan.
Payment
Payments are processed by Stripe Payments Europe Ltd or, where we agree in writing, by bank transfer. We do not receive or store full payment-card numbers. By providing a payment method you authorise us (and our payment processor) to charge the Fees when due. You are responsible for any taxes that apply on top of the Fees unless we are required to collect them on your behalf.
Renewal
Paid subscriptions renew automatically at the end of each billing cycle on the same plan unless you cancel before the renewal date. We will send a renewal reminder by email before each annual renewal.
Failed payments
If a payment fails, we may retry the charge for a reasonable period. We may suspend or downgrade your access if a payment remains overdue, on the notice terms in Section 13.5. We will tell you before we do.
Refunds
Except where Bulgarian or EU consumer law requires otherwise, Fees are non-refundable. Cancellation stops future renewals but does not refund the remaining period of the current cycle (see Section 13.3). Section 5 and Section 13.9 set out what happens to a paid, unused period if we discontinue the Service or a material feature before that period ends.
05Changes to the Service and Fees
Changes to the Service
We may change the features, functionality or interface of the Service from time to time to improve it, to fix issues, to comply with law or to retire components that are no longer viable. We will give reasonable notice of material changes that reduce the functionality of a paid plan.
Changes to Fees
We may change the Fees for a renewal term by giving you at least thirty days’ notice before the start of that renewal term. If you do not accept the new Fees, you may cancel before the new term begins and your subscription will end at the expiry of the current paid period.
Discontinuing a Free Plan, a feature or the Service
For business, technical, legal or operational reasons we may discontinue a Free Plan, replace a Free Plan with another free or paid plan, discontinue a specific feature, or discontinue the Service as a whole. Nothing in these Terms is a promise that a Free Plan, a feature or the Service will remain available indefinitely.
Where we do so, the following apply:
- we give you at least thirty days’ prior written notice on a Durable Medium before the change takes effect;
- a shorter period, or immediate effect, is possible only where applicable law, a binding act of a competent authority, an immediate security or legal risk, or another valid legal exception requires it;
- we will not move you to a Paid Plan and will not charge you because of the change; any paid alternative we offer has to be accepted by you expressly;
- if you are on a Paid Plan and we discontinue the Service, or a feature that is material to your plan, before the end of a period you have already paid for, you keep access until the end of that paid period or, at our choice, we refund the unused part on a pro-rata basis;
- the data-export window in Section 13.10 applies in full;
- you may stop using the Service and cancel under Section 13.3 before the change takes effect.
06Acceptable use
You agree not to use the Service to:
- break any law or regulation, including consumer-protection, data-protection, anti-money-laundering, tax, competition, food-safety, allergen-labelling or HORECA-sector licensing law;
- upload content that infringes a third party’s intellectual-property, privacy or personality rights;
- upload content that is unlawful, defamatory, obscene, threatening, harassing, discriminatory or otherwise harmful;
- send unsolicited commercial communications (spam) through the Service or to Guests in breach of applicable law;
- reverse-engineer, decompile or attempt to extract the source code of the Service except to the limited extent applicable law permits despite this restriction;
- probe, scan or test the vulnerability of the Service, breach any security or authentication measure, or access data belonging to another Customer;
- interfere with or disrupt the Service, the servers or networks on which it runs, or any other Customer’s use;
- resell, rent, lease, sublicense or otherwise make the Service available to a third party other than the Guests served by your own venues;
- use the Service to build a competing product or to benchmark it for commercial purposes without our prior written consent.
We may investigate suspected breaches of this section and may restrict, suspend or terminate accounts on the grounds and with the notice set out in Section 13.4 and Section 13.5. We will give a statement of reasons and, where the circumstances permit, a reasonable opportunity to cure.
07Customer Data and privacy
Ownership and licence
As between you and us, you own all Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data solely to the extent necessary to provide and improve the Service, to comply with law, and to enforce these Terms.
Responsibility for Customer Data
You are responsible for the accuracy, legality and quality of Customer Data and for ensuring that you have the necessary rights and consents to submit it to the Service. You are responsible for the relationship with your Guests, including for their consumer-protection and data-subject rights.
Data processing
Where the Service processes personal data of Guests on your behalf, we act as a processor and you act as the controller within the meaning of the GDPR. Our processing of that data is governed by our Data Processing Agreement at /legal/dpa, which is incorporated into these Terms by reference.
Our handling of personal data we collect from you directly (account, billing and support data) is described in our Privacy Policy at /legal/privacy.
08Intellectual property
The Service, including all software, designs, text, graphics, logos, trademarks, documentation and other content created by or for us, is owned by COTRONIKA EOOD or its licensors and is protected by intellectual-property law. Nothing in these Terms transfers ownership of any of it to you.
We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Service during your subscription term in accordance with these Terms.
If you give us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction. Any such use will be on an aggregated or anonymised basis.
09Service availability and support
We strive to keep the Service available around the clock but do not guarantee uninterrupted access. The Service may be unavailable from time to time because of scheduled maintenance, emergency maintenance, sub-processor outages or factors outside our reasonable control. We will use reasonable efforts to schedule planned maintenance outside peak hours and to notify you in advance.
Support is provided by email at [email protected] during normal Bulgarian business hours. The response time depends on the plan you subscribe to.
10Warranty disclaimer
Except to the extent expressly stated in these Terms and to the extent not excludable under applicable law, the Service is provided “as is” and “as available”. We disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, non-infringement and quiet enjoyment.
We do not warrant that the Service will be error-free, fully secure, uninterrupted or that it will meet your specific requirements. We do not warrant the results obtained from using the Service.
Nothing in these Terms limits the statutory rights you may have as a consumer if you contract with us in that capacity.
11Limitation of liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill or business interruption, even if the party has been advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability to you under or in connection with these Terms, whether in contract, tort, statute or otherwise, will not exceed the total Fees you paid or owed to us under these Terms in the twelve months immediately preceding the event giving rise to the claim.
The limitations in this section do not apply to liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.
12Indemnification
You agree to indemnify, defend and hold harmless COTRONIKA EOOD and its officers, employees and agents against any third-party claim, loss, damage, liability, cost and expense (including reasonable legal fees) that arises out of or relates to:
- your use of the Service in breach of these Terms;
- Customer Data you submit to the Service, including any claim that the Customer Data infringes a third party’s intellectual-property, privacy or personality rights;
- your breach of any applicable law or regulation in connection with your use of the Service.
We will notify you promptly of a claim, give you reasonable control of its defence and cooperate at your reasonable expense. You may not settle a claim in a way that imposes any obligation on us without our prior written consent.
13Term, suspension and termination
13.1 Term
These Terms start on the date you first accept them and continue until the Account is terminated under this Section 13. A Free Plan Account has no fixed term: it continues for as long as we offer the Free Plan and you comply with these Terms.
13.2 The four measures we may take
A Restriction, a Suspension, a Termination and a Deletion are four different things. They are defined in Section 2:
- a Restriction limits one feature or one part of the Service;
- a Suspensiontemporarily stops access, or takes a Venue’s public pages offline, and can be lifted;
- a Termination ends the contractual right to use the Service;
- a Deletion removes Customer Data, and happens only after the export window in Section 13.10 has run out.
We will apply the measure that is proportionate to the ground we rely on, and we will prefer the least intrusive measure that addresses it. A Suspension is not a Termination, and an Inactive status is neither.
13.3 Cancellation by you
You may cancel your subscription at any time through the billing area of your Account or by emailing [email protected]. Cancellation stops the next automatic renewal; you keep access to the Service through the end of the current paid period. We do not refund the remaining period unless the law requires it.
You may close a Free Plan Account at any time in the same way. No Fee and no notice period applies.
13.4 Grounds for Restriction, Suspension or Termination
We may restrict, suspend or terminate your Account, or a single Venue, only on one or more of the following grounds:
- the registration data you gave us is false, misleading or materially incomplete;
- a Venue you registered does not exist, or you are not entitled to manage or represent it;
- you did not supply verification we reasonably asked for under Section 3 within the period stated in the request;
- you use the Service outside the HORECA sector and the related services it is offered for;
- a Fee is overdue and remains unpaid after the cure period in Section 13.5;
- you breach the Acceptable use rules in Section 6;
- there is a specific, imminent legal, security or operational risk to us, to another Customer or to Guests, based on identifiable facts;
- you have repeatedly breached these Terms;
- the Account or the Venue is an Inactive Account or an Inactive Venue under Section 13.6;
- a legal obligation, a court order or a binding act of a competent authority requires it;
- we discontinue the plan, the feature or the Service under Section 5 and Section 13.9.
We will not restrict, suspend or terminate on a ground that is not listed above. Where the harm we are addressing is reputational, we will act only as part of one of the grounds above and only on the basis of specific, demonstrable facts.
13.5 Notice and statement of reasons
Before a Restriction or a Suspension takes effect - or at the latest when it takes effect - we will give you a statement of reasons on a Durable Medium. It will name the ground in Section 13.4 that we rely on and the specific facts or circumstances behind the decision, including the substance of any third-party notification that led to it.
Where we terminate, we will give you a statement of reasons on a Durable Medium at least thirty days before the Termination takes effect.
Where the ground is a breach that can be cured - non-payment included - we will give you at least fifteen days from our written notice to cure it before we terminate on that ground.
We may act on shorter notice, or immediately, only where:
- a legal or regulatory obligation requires it;
- an imperative reason under applicable law requires it, or a binding act of a competent authority does;
- you have repeatedly breached these Terms; or
- there is a specific, imminent legal, security or operational risk that a lesser measure cannot address.
Even where we act immediately, you still get the statement of reasons, at the latest when the measure takes effect.
13.6 Inactive Free, Promotional and Trial Accounts and Venues
This Section 13.6 applies only to an Account or a Venue on a Free Plan, on a Promotional Plan (including a discount of one hundred per cent), or on a free Trial or demo Account. It does not apply to a Paid Plan Account that is paid up to date. A Paid Plan Account is governed by the cancellation, non-payment and general termination rules in the rest of this Section 13, and is never treated as Inactive merely because nobody signed in or because the public menu had no visitors.
We may determine such an Account or Venue to be Inactive if at least one of the following is true. Any single one of them is enough; they do not have to apply together:
- thirty days have passed since registration and no menu with at least one active, publicly visible product has been published;
- no Owner or Administrator of the Account has signed in to the administration panel for thirty consecutive days;
- no visit to the public menu, no QR scan, no order and no reservation has been recorded for thirty consecutive days;
- the contact details on the Account are invalid and there has been no reply to two consecutive messages we sent at least seven days apart.
Determining that an Account or Venue is Inactive does not delete anything and does not by itself end these Terms. Inactive is a status, not a measure. It lets us take the steps in Section 13.7, in the order set out there.
Two different thirty-day periods. The thirty-day inactivity period and the thirty-day termination notice period are not the same period and do not run at the same time. The first decides when an Account or Venue may be treated as Inactive. The second decides the earliest date on which a Termination may take effect, and it starts only when we send the termination notice - which cannot be before the Account or Venue has become Inactive. In practice, the earliest a Termination on this ground can take effect is sixty days after the inactivity began.
13.7 What we may do about an Inactive Account
Where an Account or a Venue is Inactive we may take the following steps, in this order:
- notify you that we have determined the Account or Venue to be Inactive, and tell you what you can do about it;
- ask you to reactivate it in one of the ways set out in Section 13.8;
- restrict or temporarily suspend the free service, giving you the statement of reasons before or at the time the measure takes effect;
- terminate the Account or the Venue, on at least thirty days’ prior written notice on a Durable Medium, with a statement of reasons.
We will not terminate an Account, and will not delete Customer Data, automatically at the moment the thirty-day inactivity threshold is reached. A Termination on the inactivity ground always requires the separate thirty-day notice in step 4 above, and Deletion only ever follows the export window in Section 13.10.
13.8 Reactivation
You reactivate an Inactive Account or Venue at any time before the effective date of the Termination by doing at least one of the following:
- contacting us by email at [email protected] to confirm that the Venue is still trading;
- publishing or updating a valid menu;
- supplying the verification information we asked for;
- using the Service - a sign-in to the administration panel counts.
If you reactivate in time, the pending Termination is cancelled and any Restriction or Suspension applied on the inactivity ground is lifted without undue delay, together with your access to the data that your use of the Service produced before the measure took effect.
We may decline to reactivate automatically where a separate ground in Section 13.4 applies - fraud, a security incident, unlawful use or missing verification, for example. In that case we will rely on that separate ground, tell you which one it is, and give you the statement of reasons for it. We will not present inactivity as the ground for a decision that actually rests on something else.
13.9 Discontinuing a Free Plan, a feature or the Service
We may discontinue a Free Plan, replace it with another free or paid plan, discontinue a specific feature, or discontinue the Service as a whole, for business, technical, legal or operational reasons. Section 5 sets out the full rule. In summary:
- at least thirty days’ prior written notice on a Durable Medium, unless a valid legal exception allows a shorter period;
- no promise that a Free Plan or the Service remains available indefinitely;
- no automatic move to a Paid Plan and no automatic charge - any paid alternative has to be accepted by you expressly;
- for a Paid Plan, access to the end of the period already paid for or, at our choice, a pro-rata refund of the unused part;
- the full data-export window in Section 13.10; and
- your right to stop using the Service and cancel before the change takes effect.
13.10 Effects of termination and data export
When a Termination takes effect, your right to access and use the Service ends and the Venue’s public surfaces stop being served.
For three months (ninety days)from the date the Termination takes effect you may export Customer Data through the Service’s export tools or by emailing [email protected], and we will provide it in a structured, commonly used, machine-readable format. Where we make a read-only or export-only view of the Account available for that window, we will say so in the termination notice; we do not promise one in every case.
After that ninety-day window we delete Customer Data from production systems. Copies held in routine backups are not deleted individually - they expire as those backups roll over in our ordinary backup cycle. We do not promise immediate physical deletion from every backup.
We keep what we are required or entitled to keep: accounting and tax records, security and audit logs, and data we need to establish, exercise or defend legal claims. The retention periods are set out in Section 7 of our Privacy Policy and Section 10 of our DPA.
Where a Restriction, a Suspension or a Termination is revoked - because you reactivated in time, because your objection succeeded, or because we got it wrong - we reinstate you without undue delay, including access to the data that resulted from your use of the Service before the measure took effect.
13.11 Subdomains, slugs and venue names
A subdomain (for example yourname.uxo.bg), a slug and any similar identifier we allocate are provided to you for use while these Terms are in force. They are not sold or assigned to you and you acquire no ownership in them.
We do not undertake to reserve a subdomain indefinitely after a Termination, and we do not undertake to release it to anyone else on any fixed date either. After a Termination we may release or reassign a subdomain after a reasonable quarantine period, taking into account security, printed QR codes that still point at the address, the risk of confusing Guests, and any trade-name or trade mark rights in the identifier.
Your own trade name, trade marks and brand remain yours. Section 8 does not change that.
13.12 Objections and complaints
If you disagree with a Restriction, a Suspension or a Termination, write to [email protected] within thirty days of the statement of reasons and tell us why. Someone who was not involved in the original decision will review it and reply to you on a Durable Medium, with the outcome and the reasons for it. Where the decision was wrong, we reverse it and reinstate you under Section 13.10.
This does not affect your right to go to court under Section 16, or any right to mediation or to another out-of-court remedy that applicable law gives you.
13.13 Survival
Sections that by their nature should survive termination (including ownership, warranty disclaimers, liability, indemnification, confidentiality, governing law and miscellaneous) will survive.
14Confidentiality
Each party may disclose information to the other in connection with the Service that is identified as confidential or that should reasonably be understood as confidential. The recipient will use the same degree of care to protect the other party’s confidential information as it uses to protect its own (and in any event not less than reasonable care), and will use the information only as needed to perform under these Terms. The obligations do not apply to information that is already public, becomes public without the recipient’s fault, is developed independently or is rightly received from a third party.
15Force majeure
Neither party is liable for any delay or failure to perform where the cause is beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strike, epidemic, pandemic, government action, internet or telecommunication failure, or any failure of a sub-processor that we cannot reasonably remedy by switching providers.
16Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Bulgaria, without regard to its conflict-of-laws rules. The courts of Sofia City have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, except that we may seek injunctive or equitable relief in any competent court to protect our intellectual-property rights or confidential information.
Where you contract with us as a consumer, this clause does not deprive you of the protection of any mandatory rules of the country where you have your habitual residence.
17Notices and changes
How we give notice
We may give you notice by email to the address tied to your Account, by an in-product message, or by a post on the Service. Where these Terms require a Durable Medium - every statement of reasons, and every notice under Section 5 and Section 13 - we send it by email to the address tied to your Account, and the notice counts as given when we send it there. Keeping that address working and up to date is your responsibility (Section 3).
Every notice we give under these Terms states the date it was issued and the date it takes effect. You can reach us at [email protected] or by post to COTRONIKA EOOD, Sofia 1700, Bulgaria.
Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and change the “Last updated” date. Where a change is material we will notify you on a Durable Medium at least thirty daysbefore the “Effective date” of the new version. Both dates are shown at the top of this page.
A new version applies only from its Effective date and only going forward. It does not apply retroactively to anything that happened before that date, and we will not rely on a new version to restrict, suspend or terminate an Account before that version’s Effective date. Where an Account or Venue was already inactive before the Effective date, any measure under Section 13.6 and Section 13.7 still requires the notices those sections call for, sent on or after the Effective date.
If you do not accept a change, you may cancel under Section 13.3 before the Effective date, and the change will not apply to you. Continued use of the Service after the Effective date means you accept the updated Terms.
The previous version of these Terms remains on record. We will send you a copy on request at [email protected].
18Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, the DPA and any Order Form, constitute the entire agreement between the parties on the subject matter and supersede any prior agreement.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force.
- No waiver. A failure to enforce a provision does not waive future enforcement.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of substantially all our assets.
- No third-party beneficiaries. Except as expressly stated, these Terms confer no rights on any third party.
- Independent contractors. The parties are independent contractors and these Terms do not create an agency, partnership or joint-venture relationship.
- Language. The authoritative version of these Terms is English. Translations are provided for convenience.
19Contact
Questions about these Terms? Email [email protected] or write to COTRONIKA EOOD, Sofia 1700, Bulgaria.