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Please read these General Terms and Conditions for Software as a Service ("Agreement") carefully before using the services provided by our electronic instructional system and workplace safety organization Evniverse Safety and the related services offered by our company Evnisoft EOOD ("Provider," as defined below). By using this website and the services, you agree to be legally bound by the terms and conditions of this Agreement on behalf of yourself or the organization, company, or entity you represent as a customer ("Customer" or "You"). You also confirm that you can bind the Customer to this Agreement. If you do not have such authority or do not agree to all the terms and conditions of this Agreement, you must reject it and will not have the right to use the services offered by the Provider. THE USE OF "BOTS" OR OTHER AUTOMATED METHODS FOR REGISTRATION IS NOT ALLOWED. Acceptance by the Provider is explicitly contingent upon your agreement to all the terms and conditions outlined in this Agreement, excluding all other terms. If this Agreement is considered an offer by the Provider, acceptance is strictly limited to this Agreement.

1. Definitions in the agreement

„Branch" refers to any organization directly or indirectly controlled by another entity or controls or is under common control with another entity. In this context, "control" means having the authority to direct or influence the management or policies of such an organization, whether through beneficial ownership of voting securities, contractual commitments, or otherwise.

„Authorized user" means an individual, such as an employee, contractor, agent, or other person, authorized by the customer, including the customer's branches, to access and use the Services through the customer's account for the specific purpose described in this Agreement.

„Documentation" refers to user guides, online help, educational materials, and any other documentation provided to the customer to encourage their use of the Services.

„Effective date" refers to the initial date when the customer gains access to the Services.

„Order" refers to an order submission document mutually agreed upon by the Provider and the Customer.

„Portal" means a specific web address provided or designated by the Provider to the Customer, giving access to the Services.

„Services" refer to the electronic instructional management and workplace safety organization service provided by the Provider, hosted on the internet, and accessible through the Portal. This service is known as Evniverse Safety and is available to the Customer.

„Provider" refers to Evnisoft Ltd, a company registered in Sofia, Bulgaria, with a registered office at 46A Hristo Smirnenski Str., Entrance A, Floor 8, 1574 Sofia, Bulgaria.

2. General overview of the services

The Provider offers the core component of the Services: Electronic instructional management and workplace safety organization services. Additionally, the Provider may periodically provide additional content or features to enhance the Services.

3. Access rights

3.1. Electronic instruction management and workplace safety organization services

Subject to the Customer's compliance with the terms and conditions stated in this agreement, the Provider grants the Customer a limited, non-exclusive, and non-transferable right to access and use the Electronic Instruction Management and Workplace Safety Organization Services. This right is exclusive to the Customer's internal business operations. It is subject to the maximum number of Authorized Users specified in the respective Order or the Customer's account during the term of the respective Subscription Service (as defined in Section 7.3).

The Customer can choose from various pricing plans, including Subscription Service. If a Subscription Service is purchased, the Provider will make commercially reasonable efforts to provide access to the Services. Unless the Customer's pricing plan specified in the respective Order states otherwise, technical support will be available only via email.

4. Users

4.1. Registration

The Customer must register for an account to access certain parts of the Services. During the account registration process, the Customer agrees to provide accurate information and always maintain its accuracy and currency. The Customer is prohibited from sharing passwords, credentials, or other means of accessing their account with third parties, except with Authorized Users. If the Customer suspects that their account is no longer secure, it is necessary to immediately notify the Provider in case of urgency by sending an email to contact@evnisoft.com.

4.2. Subscriptions

The Customer has the right to allow a maximum number of concurrent Authorized Users to access and use the Services. This number must not exceed the maximum number of subscription user licenses purchased by the Customer according to the Order or the selected plan (unless clearly stated otherwise in the Customer's chosen plan). Each subscribed user license corresponds to a unique Authorized User who will subscribe, access, and use the Services through password-protected access to the Portal. Each Authorized User is responsible for maintaining the security of their account and password. Sharing the same account among multiple Authorized Users is not allowed.

The Customer must make reasonable efforts to prevent unauthorized access or use of the Services and/or Documentation.

4.3. Customer-provided e-learnings

The Customer is fully responsible for the administration and functioning of any e-learnings provided by the Customer. Furthermore, the Provider is not responsible for (a) the support provided to Authorized Users participating in e-learnings provided by the Customer, (b) the assurance that the e-learnings provided by the Customer do not infringe or violate the intellectual property rights of third parties, and (c) the assurance that the courses provided by the Customer are not offensive, indecent, profane, defamatory, or in violation of other legal provisions.

4.4. End User License Agreements (EULA)

The Customer may enter into a separate End User License Agreement ("EULA") governing the relationship between the Customer and the Authorized Users regarding their access to the Services, including the courses provided by the Customer. Any applicable EULA is entirely between the Customer and the Authorized User. The Provider is not responsible and has no liability under any EULA. The EULA must contain legally enforceable provisions that obtain all necessary licenses, rights, consents, and permissions from each Authorized User. It must also comply with this Agreement's terms, restrictions, and conditions and all applicable laws, rules, and regulations.

5. Limitations

The Customer is entitled to access and use the Services as expressly stated in this Agreement. All uses of the Services must strictly adhere to the terms of this Agreement and comply with the applicable Documentation provided by the Provider. The Customer is prohibited and shall not assist or enable third parties to:

(a) Modify, alter, adapt, copy, translate, perform, display, or create derivative works based on the Services. Additionally, any action that may be deemed an infringement of copyright under applicable law is strictly prohibited.

(b) Attempt to decompile, reverse engineer, disassemble, or gain access to the source code, object code, underlying structure, ideas, or algorithms of the Services.

(d) Duplicate, copy, or reuse any part of the HTML/CSS, JavaScript, or visual design elements or concepts (including the overall look) of the Services.

(e) Unless expressly permitted under Section 4.3 of this Agreement or the terms of the Course Marketplace, sold by the Customer, sell, resell, license, rent, lease, publicly display, distribute, sublicense, transfer, or allow any third party to use the Services, directly or through other resellers. This includes incorporating the Services into bureau services, temporary sharing, or similar offerings.

(f) Publicly disseminate information about the performance of the Services or conduct benchmark or stress tests without permission from the Provider.

(g) Access, store, distribute, or transmit viruses, worms, Trojan horses, or other code that may harm the Services as determined by the Provider.

(h) Alter, disable, or compromise the integrity or functionality of the Services, data, or systems of the Provider. This includes probing, scanning, or testing the vulnerability of the Provider's systems or networks where the Services are hosted.

(i) Interfere or attempt to interfere with the Provider's systems, bypass security or authentication measures, or attempt unauthorized access to the Services, the Provider's systems, networks, or data.

(j) Decrypt any transmissions to or from the servers on which the Services run.

(k) Overload or attempt to overload the Provider's infrastructure by imposing an inappropriate volume of load requiring excessive resources (such as CPU time, memory, disk space, bandwidth, and others).

(l) Interact or attempt to interact with the proper functioning of the Services.

(m) Include materials when using the Services that are unlawful, harmful, defamatory, infringing upon copyrights, facilitating illegal activity, obscene, sexually explicit, or causing harm or injury to any person or property.

Without prejudice to other rights and remedies, the Provider reserves the right to deactivate the Customer's access for any material breach of these limitations. This action will be taken without liability by the Provider to the Customer.

6. Customer responsibilities

The customer agrees to:

(a) Provide reasonable information and assistance to the Provider to facilitate the provision of the Services.

(b) Comply with all applicable laws, including local, state, provincial, national, federal, and foreign laws related to using the Services.

(d) Appoint a qualified employee as an administrator of the Services.

(e) Collect, input, and update all data and materials provided by Authorized Users for use with the Services.

(f) Evnisoft Ltd. expects all its customers, suppliers, business partners, and other entities with whom it enters into business relationships, including their employees, directors, managers, and representatives ("you"), to adhere to the same fundamental principles as described here. It is important to consistently demonstrate adherence to these principles in all your business activities with Evnisoft Ltd.

If you engage in actions that violate these principles, please be aware that Evnisoft Ltd. reserves the right to terminate its contractual relationship with you immediately.

I. Compliance with laws:

It is of utmost importance to fully comply with the laws, rules, and regulations of the countries where you conduct your activities. Additionally, you must adhere to all applicable international laws and regulations.

II. Respect for human rights:

a. Discrimination: Under no circumstances should anyone be subjected to discrimination based on factors such as age, disability, ethnic origin, sexual orientation, gender, marital status, nationality, race, religion, or political affiliation.

b. Harassment: It is strictly prohibited to engage in any form of violence or harassment, including gender-based violence and harassment, towards your employees, colleagues, or personnel of Evnisoft Ltd. This includes acts of sexual abuse and all forms of abuse against individuals.

III. Employment conditions:

We have established specific labor condition requirements based on fundamental human rights:

a. Forced labor: You must not engage in forced or compulsory labor. This includes any physical or psychological violence or threats against workers.

b. Child labor: You should only employ workers who have reached the legal working age in the country where your operations are conducted.

c. Minimum wage: You must ensure that your workers are paid at least the minimum wage defined by national legislation.

d. Collective bargaining: Workers must be free to form associations to negotiate fair wages and improved working conditions.

e. Safe and healthy working conditions: It is essential to comply with all health and safety standards, including providing a safe and hygienic working environment.

IV. Environmental and sustainability:

Evnisoft Ltd. is committed to environmental protection, and responsibility for the environment is a fundamental aspect of our operations. By partnering with us, you commit to sharing our dedication to environmental protection in your best interest.

V. Ethics:

You are expected to conduct your business operations ethically, adhering to high standards in all relationships, practices, and procedures.

a. Anti-Bribery and corruption: You must refrain from engaging in corrupt practices, extortion, misappropriation of funds, or bribery to gain an unfair or unlawful advantage. Compliance with all applicable laws and regulations against corruption at national and international levels is essential. Offering significant gifts to Evnisoft Ltd. employees is strictly prohibited.

b. Conflicts of interest: You must take necessary measures to prevent and address conflicts of interest.

c. Competition law: You must comply with all applicable competition laws and regulations.

d. Fair business standards: You must adhere to fair standards for business, advertising, and competition.

7. Payment for Services::

For the use of our Portal and Services, we will collect a monthly or annual subscription fee on the pricing plan you have selected. We operate with transparency in costs and payments. Before making the payment, you can review and accept all applicable fees and taxes. All prices are expressed in euros and are non-refundable unless explicitly stated otherwise.

7.1 Price:

The Provider reserves the right to determine the prices for the Services. We recommend checking the website periodically for the most up-to-date pricing details. The Provider may change the fees for any feature of the Services, including additional costs, provided that advance notice of the changes is given before they take effect. Providers may offer promotional offers with different features and prices for specific customers at their sole discretion. However, such promotional offers will not apply to your contract unless expressly provided. The fees mentioned in the respective Statement or order interface do not include any government taxes, such as excise, sales, use, value-added tax, or other taxes that may be applicable now or in the future. The Customer is responsible for paying such taxes (excluding taxes on the Provider's net income), which the Provider must collect or pay. Unless stated otherwise in the Statement, all unpaid invoices from the Provider must be paid by the Customer within 14 days of receiving the invoice. Payment must be made by the payment schedule specified in the Statement or other order interface.

7.2 Permission:

By submitting Statements, placing orders, or selecting a level of Services described in this Agreement or published by the Provider, you grant permission to the Provider or a third-party payment processor to withhold all amounts, including applicable taxes, from the payment method specified in your profile. Suppose you choose to pay fees with a credit card. In that case, a third-party payment processor may seek pre-authorization from your credit card account before your purchase to verify the card's validity and ensure you have sufficient funds or credit to cover the transaction.

7.3 Subscription services:

Paid Services may include recurring payments for periodic fees called "Subscription." Details of the Subscription, including the price, terms, and any limitations, will be specified in the respective Statement. By activating the Subscription, you authorize the Provider to withhold periodic amounts until recurring payments are canceled, or your profile is terminated. The payment date for the accumulated charges will be on or before the specified day.

The "Subscription Payment Date" is when you initially purchase your Subscription. The following subscription period's due amount and taxes will be automatically charged on the Subscription Payment Date. The Subscription will continue unless you cancel it or we terminate it. To avoid being charged for the next subscription period, you must cancel your Subscription before its renewal. We will assess the subscription fee to the payment method you provided during registration unless you update your payment information.

You can cancel your subscription through your profile page or contact us at contact@evnisoft.com.

7.4 Unpaid amounts:

If there is an unpaid amount for a given profile, the Provider can suspend or terminate access to the Services, including paid features. In addition to outstanding payments for the Services, the unpaid account may incur additional fees or expenses associated with any understanding or effort to recover the due amount. This may include recovery fees.

8. Payments to the customer:

Provide instructions provided by the Customer to third parties or Authorized Users for a fee. You may receive the payments withheld (referred to as "Customer Fees") minus specific costs and expenses through third parties providing services to the Provider (e.g., Stripe, for example). You can set the price and offer a discount package of materials if such an option is available. To receive the Customer Fees, you may need to have a profile with third parties providing services or another financial institution, and fees may be associated with processing payments. Any prices withheld by third parties providing services or a financial institution are your responsibility and subject to their terms or any agreements you have with them. Providers may impose restrictions on the balance of Customer Fees necessary for payout and the amount that can be paid per day or transaction. The Provider may update these restrictions at its discretion.

9. Term and termination:

9.1. Term of the Agreement

This Agreement will be effective as of the Effective Date and will continue unless terminated under the terms of this Agreement (referred to as the "Term"). Upon termination of this Agreement, all active subscriptions will also be terminated unless otherwise agreed upon by the Provider and the Customer.

9.2. Termination for cause

Each of the parties has the right to terminate this Agreement by providing notice without liability if any of the following events occur: (a) the other party breaches any of the terms and conditions of this Agreement and fails to remedy the breach within fourteen (14) days after receiving notice thereof; (b) the other party becomes insolvent, transfers its assets for the benefit of creditors, has a receiver appointed for its business or assets, undergoes bankruptcy or insolvency proceedings, or is voluntarily or otherwise liquidated; or (c) the other party engages in illegal activities.

9.3. Effects of termination

Upon termination of this Agreement: (a) your license rights will terminate, and you must immediately cease using the Services; (b) you will no longer have access to your profile or the Services; (c) all payment obligations arising from sections 1 to 20 of this Agreement remain and must be paid within 14 days.

9.4. Changes to the services

The Provider has the right to change or terminate the Services or features at any time, temporarily or permanently, without prior notice to you. This includes the possibility to limit or remove certain parts of the Services unless they are explicitly specified in your pricing plan. For Services mentioned in your pricing scheme, the Provider will contact you and seek suitable solutions. The Provider shall not be responsible for the changes to the Services or the termination of your right to access or use the Services.

10. Intellectual property rights:

10.1. Reservation of intellectual property rights

The Provider and its licensors fully own all intellectual property rights in the Services and its components, including source code, documentation, portals, URLs, appearance, structure, organization, and design materials. All materials within the Services belong to the Provider or its third-party licensors. Except for the right to use the Services during the agreed term of this Agreement, the Customer acquires no ownership rights in the Services. The Provider reserves all rights to materials not expressly granted in this Agreement.

10.2. Customer content

Certain features of the Services allow users to upload instructions and other content, such as messages, reviews, photos, videos, images, folders, data, text, and different types of works (referred to as "Customer Content") and publish it in the Services. When you publish Customer Content in the Services, you retain the copyright and other proprietary rights you hold in that content.

10.3. Limited license to the Provider

By providing Customer Content in the Services, you grant the Provider a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, process, reproduce, modify (for formatting for display), and distribute the Customer Content, in whole or in part. This license is granted to provide the Services as described in this Agreement.

10.4. Limited license to Other Customers

By providing Customer Content in the Services for access by other users, you grant these users a non-exclusive license to access and use the Customer Content as permitted by this Agreement and the functionality of the Services.

10.5. Representations and warranties for Customer content

The Provider disclaims any responsibility related to Customer Content. You are solely responsible for your Customer Content and the consequences of providing it through the Services. By providing Customer Content through the Services, you represent, warrant, and guarantee the following:

a) You must be the creator and owner of the Customer Content or have acquired the necessary licenses, rights, consents, and permissions to grant the Provider and other Services users the permissions as required by the licenses provided in this section. Such use and distribution must comply with the intentions of the Provider, the Services, and this Agreement.

b) Your Customer Content and its use as described in this Agreement will not violate the rights of third parties, including intellectual property rights; will not defame, offend, or infringe upon the privacy, rights of publicity, or other property rights of anyone; or cause any violation of laws or regulations by the Provider.

c) The Customer Content is not offensive, vulgar, indecent, pornographic, harassing, threatening, obscene, hateful, or otherwise inappropriate, as determined by a reasonable person.

d) You have obtained all necessary approvals and permissions to provide the licenses to the Provider as specified in this Agreement.

10.6. Disclaimer for Customer Content

We have no obligation to edit or control the Customer Content that you or other users post or publish, and we will not be liable or responsible for such Customer Content. However, the Provider reserves the right to review, remove, edit, or block any Customer Content that, in our sole discretion, violates this Agreement or is deemed inappropriate without prior notice. Please note that when using the Services, you may encounter Customer Content from various sources, and some of it may be inaccurate, offensive, indecent, or otherwise inappropriate. By using the Services, you agree to waive all legal or equitable rights or remedies you may have against the Provider regarding Customer Content. Suppose we receive a notice from a user or owner of content that specific Customer Content does not comply with this Agreement. In that case, we may investigate the matter and, in our sole discretion, decide to remove the Customer Content without prior notice. It is important to note that the Provider does not condone copyright-infringing activities on the Services.

10.7. Third-party services and linked websites

The Provider offers tools within the Services that allow you to share information, including Customer Content, with third-party services. This can be achieved through features such as linking your Provider account to platforms like Twitter or Facebook or by using third-party buttons like "Share." Using these tools, you agree that the Provider may transfer the information to the respective third-party service. It is important to note that the Provider does not control third-party services, and, to the fullest extent permitted by law, the Provider is not responsible for how these services use the information you share.

10.8. Third-party software

The Services may include or contain components of third-party software that are publicly available for free and subject to licenses that allow recipients to copy, modify, and distribute these components ("Third-Party Components"). While you receive the Services under this Agreement, it does not limit your ability to obtain Third-Party Components by their respective licenses or restrict your use of such components by those licenses.

10.9. Ownership of feedback

Suppose the Customer provides the Provider with feedback regarding the Services, such as usability, performance, interactivity, error reports, and test results ("Feedback"). In that case, the Provider will own all rights to that Feedback. By providing this Feedback, the Customer hereby transfers all necessary rights to the Provider to achieve such ownership.

10.10. Third-party claims notice

The Customer must promptly notify the Provider of any third-party claims related to intellectual property rights concerning the Services or Documentation directed against the Customer.

10.11. Content monitoring

The Provider has no control over and is not obligated to monitor (a) Customer Content, (b) any content provided by third parties, or (c) the use of the Services by its users. You acknowledge and agree that the Provider reserves the right to, and from time to time may, monitor information transmitted or received through the Services for operational purposes. If the Provider chooses to monitor content, it assumes no responsibility or liability for the content itself or any loss or damage arising from using it.

11. Customer data

The Customer acknowledges and agrees that Evnisoft Ltd. may process the services' contract data and usage data solely for billing, payments, analysis, and comparison. The Customer acknowledges and agrees that Evnisoft Ltd. will process their name and email address to contact them regarding the Services or any new services. The Customer can unsubscribe from these email communications at any time by clicking the "unsubscribe" button provided in the communication. Additionally, the Customer acknowledges and accepts the Provider's Privacy Policy.

12. Confidential information

During the term of these General Terms, each party (referred to as the "Disclosing Party") may share confidential or proprietary materials and information with the other party (referred to as the "Receiving Party"). These materials and information, identified as "Confidential" or bearing a similar label at the time of disclosure, as well as any other information that the Receiving Party reasonably should consider confidential, will be referred to as "Confidential Information." This includes the Services, pricing information, and the terms of this Agreement, which are Confidential Information of the Provider.

The Receiving Party agrees to maintain the confidentiality of the Confidential Information and not to disclose it to third parties without the prior written consent of the Disclosing Party. The Receiving Party may use the Confidential Information solely for the purposes specified in this Agreement.

However, the obligations outlined in this section do not apply to information that (a) becomes publicly available without a breach of this Agreement, (b) is independently developed by the Receiving Party without reliance on the Confidential Information of the Disclosing Party, (c) is received from a third party without any restrictions, or (d) is lawfully possessed by the Receiving Party before its disclosure by the Disclosing Party.

Suppose the Receiving Party is legally or legally obligated to disclose Confidential Information. In that case, it must promptly notify the Disclosing Party in writing and make efforts to limit the disclosure. Upon request of the Disclosing Party, the Receiving Party will return all Confidential Information, including copies and excerpts, in its possession.

However, there are two exceptions: (i) the Receiving Party may disclose Confidential Information to third parties to the extent necessary to exercise rights or fulfill obligations under this Agreement, provided that these third parties are bound by a written confidentiality and use restriction agreement at least as protective as those in this Agreement, and (ii) all feedback will be considered Confidential Information of the Provider.

13. Limited warranty and disclaimer

13.1. Each of the parties provides the following warranties: (a) it is a valid and adequately constituted entity by applicable local laws; (b) it has full power, authority, and the right to enter into this Agreement and to perform all obligations required by it; and (c) it has taken all necessary corporate actions to authorize the creation, execution, delivery, and performance of this Agreement by its terms.

13.2. Additionally, the Provider warrants that, throughout the entire term, when the Services are used by the current Documentation and under normal conditions, they will be compatible with the Documentation.

13.3. EXCEPT AS EXPRESSLY DESCRIBED IN THIS SECTION 13, THE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE SERVICES, MATERIALS, OR THEIR USE, ACCURACY, OR FUNCTIONALITY. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THE PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO STATEMENTS OR REPRESENTATIONS REGARDING THE SERVICES WILL BE CONSIDERED WARRANTIES OR OBLIGATIONS, AND THEY CREATE NO LIABILITY ON THE PART OF THE PROVIDER TO THIRD PARTIES. THE CUSTOMER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY WARRANTIES OR REPRESENTATIONS EXCEPT AS EXPRESSLY STATED HEREIN. THE PROVIDER DOES NOT WARRANT THAT THE SERVICES OR THE CONTENT OFFERED THROUGH THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY OUTLINED IN SECTION 14.3 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE PROVIDER DOES NOT DISCLAIM ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

13.4. The Provider may invite the Customer to try beta versions of the Services ("Beta Services"). Additional terms may apply to Beta Services, which the Customer may need to agree to. Beta Services are provided solely for evaluation and feedback and should not be used in production. The Customer understands that Beta Services are not fully released and, as such, are not supported and may contain errors, inaccuracies, and other issues. Beta Services are provided "as is" and without warranties, and the Provider is not responsible for any problems or issues related to the Customer's use of Beta Services. Please be aware that Beta Services may not become widely available, and the Provider reserves the right to terminate Beta Services at any time, without any liability to the Customer and for any reason. In such cases, the Provider may also delete any Customer Content or other data related to Beta Services.

14. Limitation of liability

14.1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR ANY OTHER INCIDENTAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER'S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LAW, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF THE PROVIDER'S ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROVIDER'S ENTITIES TO THE CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES UNDER THIS AGREEMENT, IS LIMITED TO THE GREATER OF THE FOLLOWING TWO SUMS: (a) THE AMOUNT THAT THE CUSTOMER PAID TO THE PROVIDER FOR ACCESS TO AND USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (b) 100 €.

14.2. ANY LIMITATION IN THIS AGREEMENT THAT RESTRICTS LIABILITY, DISCLAIMS WARRANTIES OR EXCLUDES DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN THE PARTIES. EACH OF THESE LIMITATIONS IS SEVERABLE AND INDEPENDENT OF THE OTHERS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY OR DAMAGES SPECIFIED IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

16. Changes

The Provider reserves the right to change this Agreement in the future with a notice period of seven (7) days. It is recommended that the Customer periodically review this Agreement for any changes. If the change materially affects the rights or obligations of the Customer, the Provider may require the Customer to accept the modified Agreement to continue using the Services. In such cases, the Customer must make the changes to maintain access and use of the Services. If the Customer does not agree to the changes, their sole option is to terminate all access and use of the Services. If changes are made during the subscription term and the Customer disapproves, they may remove the affected subscription by notifying the Provider. In such a case, the Provider will refund all pre-paid fees for the terminated subscription period. To exercise this right, the Customer must provide notice of objection and termination within 30 days of receiving notification of the changes from the Provider. Material changes to the Agreement will take effect upon acceptance by the Customer, while minor changes will take effect upon publication. Unless expressly allowed in this Section 16, this Agreement may only be amended by a written agreement signed by authorized representatives of both parties. All disputes arising out of this Agreement will be resolved based on the version of the Agreement in effect at the time the dispute arises.

17. Sanctions and export control

You agree that you will not sell, export, re-export, transfer, or divert the services provided by the Provider to any destination, entity, or person prohibited by the laws or regulations of the European Union, the United States, or your country. Before engaging in such activities, you must obtain prior authorization from the competent government authorities as required by these laws and regulations.

Furthermore, you warrant that you are not located in Cuba, Iran, North Korea, Syria, the Crimea region, DNR, and LNR of Ukraine, and you are not a denied party, as indicated in the regulations above. It is important to note that this export control clause will remain in effect even after the termination or cancellation of this Agreement.

18. Miscellaneous

18.1. Notifications

Any notice, request, instruction, or other document required to be provided under this Agreement must be in the English language. It may be sent by email in advance, but to be valid, it must be sent by regular mail or through a reputable commercial courier service for expedited delivery to the address specified in the Customer's account or the Provider's address.

18.2. Entire agreement:

This Agreement constitutes the agreement between the parties and encompasses the whole understanding of the matters. No terms, provisions, or conditions of any purchase order, acknowledgment, or other form used by either party in connection with transactions covered by this Agreement will affect the rights, obligations, or commitments described in this Agreement. Even if the receiving party objects to such terms, provisions, or conditions, they will not alter this Agreement. Any change or modification to this Agreement will be valid and binding only if made in writing and confirmed or signed by the parties involved.

18.3. Severability

Suppose any provision of this Agreement becomes invalid or unenforceable. In that case, it will be corrected or removed to the minimum extent necessary to ensure that the remaining provisions of the Agreement continue to be fully valid, effective, and enforceable.

18.4. Waiver

Neither party will be deemed to have waived any prior or subsequent breaches related to the same provision or other provisions of this Agreement by waiving any current breach.

18.5. Force majeure

In the event of force majeure, any delay or failure in performance by either party under this Agreement will not be considered a breach of the Agreement. It will be excused to the extent caused by circumstances beyond the affected party's reasonable control. Such circumstances may include acts of God, fires or natural disasters, criminal actions, negligence, acts of war, riots, strikes, lightning, electrical disturbances, or similar causes. It is important to note that such circumstances do not include the inability to meet financial obligations. The time for performance under this Agreement will be extended by the duration of the delay caused by such circumstances. If the force majeure circumstances continue for more than 30 days, the unaffected party may terminate this Agreement immediately by providing written notice to the affected party.

18.6. Terms

Throughout this Agreement:
a) The Customer agrees to participate in case studies and other marketing efforts as reasonably required by the Provider.
b) The Provider may disclose to third parties that the Customer is the Provider's customer.
c) The Provider may use the Customer's recommendations, feedback, name, web address, usage, logo, and other marks on its website, case studies, marketing materials, conference presentations, and other speaking opportunities.
If the Customer requests, the Provider will promptly cease such disclosure and use, except to the extent they are already included in existing materials.

18.7. Assignment

The Customer cannot assign or transfer this Agreement without the Provider's prior written consent. However, the Customer may transfer its rights and obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets upon providing prior written notice to the Provider. If such transfer or assignment is made to a direct competitor of the Provider, the Provider may terminate this Agreement by providing written information to the Customer. The Provider is free to assign this Agreement freely. Any assignment in violation of these provisions will be considered invalid.

18.8. Law, applicable legislation, and jurisdiction

All disputes arising from this Agreement will be exclusively interpreted and governed by the laws of the Republic of Bulgaria. However, for all services provided by Evnisoft Ltd, any dispute arising from this Agreement will be resolved through arbitration following the rules of the Bulgarian Arbitration Court, without regard to conflict of laws principles.

Terms of Use for Evniverse Safety