Terms of Use www.easy-plan.net

Last revised: 10 of February 2024

LA Easy-Plan Platform LTD.

Stylianou Lena Agios Therapon Limassol, Cyprus, 4711

General terms

These terms of use (hereinafter: “the Terms”) constitute a legally binding agreement

(hereinafter: “the Agreement”) between anyone who uses the services of this Website as an

individual and as a representative of a company (hereinafter: “the Client”) and LA Easyplan

platform LTD. (hereinafter: “the Operator”), which offers this website that enables various

businesses to automate their business processes in relation to their end customers, their

employees and partners through the Easy Plan website located at the link

www.easy-plan.net (hereinafter: “the Website”. For the sake of caution, “the Website” in

these Terms include “the Operator”, unless explicitly stated otherwise). The Terms govern

your use of the Website services made available to you on or through the Website or

otherwise.

By clicking “I Accept” you acknowledge and agree that you will be bound by and will comply

with these Terms as an individual or as a company represented by the person agreed with

these Terms by clicking “I Accept”, and you accept that these Terms can be updated and

amended from time to time. By registering for an Easy-Plan Account, accessing the Website

and/or using the Easy-Plan Services, you agree that you have read and understood these

Terms, together with any additional documents or terms referred to in these Terms. The use

of the Website and the publication of business’s accounts and services through it are subject

to these Terms, and it will be considered binding even if not actually signed.

These Terms are supplemented by the privacy policy, which is also applied to any users and

visitor of the Website along with the rest of the terms detailed on relevant pages of the

Website, applicable and with the necessary changes, all as long as there is no clause in

these terms that contradict them. If applicable, another integral addition to these Terms is

the specific additional agreement that could be made between the Operator and the Client

using the Website services in case of the specific requirements or conditions that both

parties agree and that are not listed in these Terms or both parties agree to amend

(hereinafter: “the Additional Agreement”).

This Agreement uses the masculine form only due to the limitations of the language and it

should be read according to the gender of the person who reads and accepts it.

1. The Service. The website is designed to assist organizations and businesses that

operate groups of participants and various activities (such as gyms, camps, schools, clubs,

transportation companies etc.) to manage their business processes related to end customers

who use their services (hereinafter: “End Customers”), to their employees and partners

(hereinafter: “Business Users”), monitor and improve their back office and on-site activity

management at a price as detailed in the service package selected from Appendix A to

these terms or specified in the additional agreement.

Among the services that the Website offers or may offer by request as additional services

are the following:

1.1. The management of End Customers’ activity on the Website, including theirs

registration in the Website, booking of the services, booking amendments and debts

monitoring, End Customer’s profile details (like personal details, health status and

specific details related to the activity)

1.2. The management of the business processes, such as the creation of the services to

be offered through the Website, managing the reservations for them, changes and

cancellations, activities schedule, groups of participants, the management of the

team etc.

1.3. Management of access and permissions for the different users related to each

business registered in the Website

1.4. Management of the billing system against the End Customers, including tracking and

automation, creating and managing accounts, and managing and documenting forms

of the End Customers

1.5. Management of virtual sales systems and commerce in the clients’ services and

products, including an additional targeted advertising platforms

1.6. Payment processing for services through third-party platforms such as “Stripe”,

“Meshulam” or others

1.7. Creation of various reports for the client (regarding their End Customers, their

revenues, their activities, etc.)

1.8. Statistical tracking of the End Customers’ activity in the Website or the client’s services

2. Client-Requested Developments. The services will include, as explicitly agreed,

services that involve customizing the Website’s platform to the specific requirements of a

client. However, it is important to emphasize that the website is not obliged to meet all the

Client’s requests, but only as specifically agreed between them.

Should specific components (“features”) be developed at the request of the Client, the Client

shall enjoy the right to use those components in accordance with their terms

development. Nevertheless, the Client authorizes the website to use any development made

for them for other clients (all or some of them) at the Website’s discretion and without the

need for any consent or payment of any fee. All copyright rights in any creation,

development, idea, improvement, or other product created as a result of the Client’s order

and corresponding payment will be the sole and full property of the Website only. For clarity,

the Client hereby waives all his rights (except for the right to use in accordance with the

Website’s Terms) in any such development to the Website Operator. The costs of the

developments and other services, as well as the terms of their payment, shall be detailed in

the additional agreement between the Operator and the Client

3. Responsibility Solely on the Client. The Website serves as a tool for the Client

relation to their End Customers, subject to the interface that exists at any given time and the

Website’s Terms of Use. However, full responsibility for the service and its content will

always rest solely on the Client, and not on the Website. If the service does not meet the

Client’s needs or requirements, or if there are errors in it, the Client should not continue to

use the Website. Continued use of the Website implies that the Client agrees that they will

be the sole party responsible as mentioned, and will have no claim against the Website (and

of course, its operator).

4. License for Use by the Client. The Website hereby grants the Client (subject to the

fulfillment of all provisions of these Terms of use, the Privacy policy, the payment terms, and

other relevant documents for the service as published on the website (collectively referred to

in this clause as “the Agreements”)) a limited, personal, revocable, non-exclusive,

non-transferable, and time-limited license to use the Website in accordance with its interface

only. By agreeing to the Terms of use, the Client declares and undertakes that they are

authorized to bind themselves or the business in which they operate under these Terms, acting

on behalf of a legal entity authorized to engage with the Operator and to receive the license

in accordance with the Agreements.

5. The Client’s Information and Content. The client shall be solely responsible for

entering any information, data, or other content they wish to be displayed and/or used in

relation to their End Customers within the framework of the Website (hereinafter: “Client’s

Content”). The Client commits that if they upload such and other contents to the Website,

they will fully comply with them in relation to their end customers, and if they do not do so, it

will be their sole responsibility.

6. Collection of Money from End Customers. It will, of course, be the sole

responsibility of the Client to collect money from their End Customers. The Website will

serve only as a platform that assists in this collection, but will not be responsible for its actual

execution since the Website itself uses third-party platforms and external collection

services. The Website is not a party to the transfer of money, its holding, or its collection.

Please note, any issue related to malfunctions, information security, privacy matters, or any

other issues involved in the transfer of money will be the sole responsibility of the payment

processing company, and the Website will bear no responsibility related thereto. The

Website will operate in such a way that when a new End Customer connects to the Client’s

services, the Website will be responsible for creating a link between the End Customer and

the relevant payment platform at any given time. It is also recommended to examine all the

options provided by the relevant payment processing platform, so that you can use

whichever you wish and make things easier for yourself.

7. The Website’s Intervention in the Client’s Content – ​​Possible, But Not

Mandatory. The Website is entitled, at its sole discretion (but is not obliged and does not

commit to perform initiated monitoring actions), to remove at any time and without prior

notice, any content from the Client’s Content including, but not limited to: (1) in cases where

a complaint is received by the Website (from End Customers or any third party) regarding

such and other contents; (2) provision of defective services or products in any way by the

Client to their End Customers; (3) infringement of copyright or other intellectual property

rights by the Client; (4) operational difficulties of the Client including interruption (temporary

or permanent cessation of operations, dissolution, or bankruptcy, etc.); or (5) when the

Website, at its sole discretion, has decided that the Client does not meet its standards

has set, under these Terms, and/or the privacy policy on the Website

8. The Right to Change the Website, Services, Information, and Content. The

Website reserves the right, at its sole discretion, to improve, delete, edit, and change

contents (including the Client’s Content, subject to giving notice to the Client), pages,

graphical interfaces, and any element of the contents or design of the Website. It also

reserves the right to supervise, inspect, remove, block, restrict, and/or allow access to

information, advertisements, content, and/or the use of tools and/or products related to the

Website, to impose specific conditions and/or to revoke the right to use the Website from anyone

of its users. The Client shall have no claim regarding such a change and will not be entitled

to any remedy, except for the decision to cease operations on the Website and receive a

refund for the money paid for the period after the termination of the engagement with the

Website, offset by any debt of the Client to the Website.

9. The Website does not commit to continuing to offer all or part of the services

currently available on it. It is important to clarify that the provision of a particular service

on the Website does not imply a commitment to offer that service over time. The Website

reserves the right to cancel any such service or a number of services at any time, or even

decide to cease the Website’s operations entirely, all at its discretion. All this, subject to the

condition that if this occurs, the website will act to refund payments for the period not yet

utilized by the Client (or refrain from collecting them, as applicable) after deducting any debt,

expense, or fee to which the Website is entitled.

10. Absence of Representations and Waiver of Claims. The Client clarifies that the

Website and its services are offered to them “as is” without any representation or

commitment, and they waive in advance any claim, demand, and/or lawsuit that may arise

any way due to their use of the Website or in relation to claims of their End Customers.

11. Responsibility for the Client’s Account, Access to It, and Actions Taken Within

It Lies Solely with the Client. The Client must keep their account details and access to it

secure and confidential, avoid giving others access to their account, and will be solely

responsible for all activity in their account, even if done by third parties or without them

authorization.

12. The Client Grants the Website a License to Use Their Details and Content. The

Client hereby irrevocably and unconditionally authorizes the Website to publish all their

details, data related to them, their image, Client’s Content, and any other detail found on the

Website in any media as part of the Website’s own advertising. The Client declares that all of

the Client’s Content (including images, marketing information, full name, logo, trademarks,

various data, and information of any kind) is fully owned by the Client, that the client holds all

intellectual property rights in them, is entitled to publish them, and also to allow the Website

to publish them in accordance with these Terms and that any third-party claim regarding

them is the sole responsibility of the client.

13. Blocking Access to the Client’s Account. The Website may, at its sole discretion

and for any reason, refuse to approve the opening of an account, block, prevent, remove

any advertisement of the Client or all of the Client’s advertisements, and also cancel the

client’s access to the Website, including but not limited to the following cases:

13.1. Committing an act or omission that harms or may harm the Website, its users, others

businesses, and/or any third parties;

13.2. Intentionally providing false information;

13.3. Violating the Terms (as defined above) in any way;

13.4. Using the Website’s services to perform, assist, encourage, and/or attempt to

perform – any indecent, illegal, harmful, damaging act, or an act that appears on its

face to be like that;

13.5. Delinquency in payments for the provided service;

13.6. Any other reason at the discretion of the website;

14. The Sole Remedy in Case of Access Blocking. In any case of the Client being

blocked, the only remedy available to them will be the refund of all the money they paid to

the Website for the period after the date of blocking. The Client declares and confirms that

the Website is entitled to deduct from this amount any sum of damage or expense of any

kind, that was caused to it or anyone on its behalf in connection with the Client’s activities.

15. The Right of Use – Personal. The right to use the Website is personal to the Client

and cannot be transferred to any third party.

16. The Service Package. The Client acknowledges that their use and that of their End

Customers of the Website are limited in accordance with the service package they have

chosen and the scope of services it allows. The Website reserves the right to update the

terms of the service packages offered and their prices from time to time. Additionally, the

Website is entitled (but not obligated) to monitor the Client’s activity level on the Website in

order to tailor an optimal service package for them and is entitled not to provide services that

exceed the selected package for which payment has been made.

Payment and Payment Terms

17. The Price and the Terms of Payment. The customer will pay to the website

amount specified in the service package selected from the Appendix A to these Terms or

specified in the additional agreement and in accordance with the payment terms specified

there.

18. Client’s Details. The Client undertakes that the details appear in the Additional

agreement and in this Website will be accurate, correct, not misleading, comply with all laws,

and will be updated by him as necessary from time to time. The responsibility for updating

the details lie solely on the client.

19. Transfer of Payments to the Client when money is collected through the

Website. If the client makes a sale through the website, the funds will be directly

transferred to them via the external payment processing platform, and the Website does not

take any part in the transfer, its conditions, or the fees deducted from it. It is clarified that if

there are different processes and options in the payment processing platforms, they should

be directly coordinated at the time of processing the transaction, and the Website does not

play a part in this process.

20. Payment is Essential. The execution of payment by the Client to the Website

according to the selected package or the approved quote is essential and must be ensured

to be made in full. Non-payment will constitute a breach of this agreement, and a delay

exceeding 5 days will be considered a fundamental breach of this agreement.

21. Duration of the Agreement. The Terms shall be effective from the date thereof

approval and the execution of payment according to it, and will expire at the end of each

relevant calendar year. The Terms shall automatically renew without the need for prior notice

at the end of each calendar year, for an additional calendar year, as long as a termination

notice is not given by either party to the other starting from December 1st and no later than

December 21st of each calendar year (hereinafter: “the Advance Notice Period”). The

Website’s notices will be delivered via email/WhatsApp and the Client’s notices will be

delivered via email/WhatsApp.

21.1. It is clarified that the foregoing in this clause shall not detract from the

Website’s right, at its sole discretion, to terminate the Agreement without any

prior notice:

21.1.1. In the case where, in the Website’s opinion, the Client, or anyone on

on their behalf, commits a fundamental breach of the Terms;

21.1.2. If the Client, or anyone on their behalf, misuses and/or illegally

uses the Website and/or service and/or in relation to any of the End

Customers;

21.1.3. In any other case where the Website decides to do so based on its

own considerations

22. Charge if the Agreement is canceled during the year outside the Advance

Notice Period. Since the Website relies on third parties and other long-term engagements

in providing its services, the Client understands and is aware that the Website’s offer is a

discounted one, based on the Client’s commitment to purchase the Website’s services for a

full calendar year. Therefore, the Client will be entitled to give a cancellation notice during

any calendar year, which must be sent in writing to easy1plan@gmail.com at least thirty (30)

days in advance. Such a cancellation notice (not given in the Advance Notice Period

mentioned above, but before or after it) will allow the Website to use the payment details

provided by the client in order to charge the client an additional amount of twenty-five

percent (25%) of the sums that the client would have had to pay to the Website during the

calendar year in which the cancellation notice was given.

23. Refund of Unused Subscription Fees. In the event that the Agreement is

terminated by the Website during the subscription period and not with prior notice, the

Website will refund the Client the full payment pertaining to the unused portion of the

subscription period. The Client will also be entitled to transfer all the data and details located

in their account (including those of their End Customers) from the Website (subject to all

other provisions mentioned above).

24. Continuation of Performance After Termination. The termination of the Agreement

(by either the Website or the Client) will not detract from the Client’s obligation to continue

providing their End Customers with the services and/or products to which they already have

committed through the use of the Website.

25. Data will not be retained after termination of the Agreement. Upon termination

of the Agreement by either party, the Website will have no obligation to retain the Client’s

account details, the details of their End Customers, or any other information related to the

client or any of their End Customers.

Client Declarations

26. The Client is a duly authorized business. Upon registering for the Website, the

Client’s business, private limited company, or any other legal entity authorized to conduct its business

business in the country of its legal registration (with an address in the country, referred to as

the country of its legal registration) and to provide the services it offers to its End Customers,

Complies with all legal and regulatory requirements, employs professional and skilled

personnel, and has obtained all the necessary approvals, permits, and licenses required for

management of its business.

27. There is no legal or regulatory obstacle preventing the Client from using the

Website for their various services.

28. All contents (including data, End Customer data and any other information or

creations) uploaded or stored on the Website are and will be solely owned by them (or under

a license that allows their uploading to the Website and the license they grant to the

Website) and will not in any way constitute a breach of any third-party right, including but not

limited to copyright infringement, the right to privacy, the right to a good name and the like.

29. The information provided to the Website and to the End Customers will be

complete, correct, accurate, and up-to-date, and will be updated at all relevant times.

30. The person approving this Agreement is the authorized representative on behalf

of the Client to approve and bind it.

31. The Client acknowledges and agrees that the Website’s activity is personal

information collected through the system (both the information relating to them and that

relating to the End Customers) does not constitute and will not be a database owner or

holder (as defined in the Privacy Protection Law, 1981) and that the provisions of the law

and/or regulations in this matter do not apply to it. The Client is the sole owner and holder of

the database. All responsibility related to personal information, its holding, consent for it

transfer, its content, sensitivity, legality, processing, etc., will be solely that of the Client, and

the Website will bear no responsibility in this regard. The client commits to comply with all

privacy protection laws and regulations and will not raise any claim as mentioned against the

Website in any way or for any reason.

Client’s Obligations

32. Client’s Representations are Accurate and will Remain Updated. All of the

Client’s representations, both in this Agreement and towards the End Customers, including

details about themselves, training, products, and services, as well as all the details given to

the Operator as valid Client’s details, are accurate, complete, and will remain accurate

throughout the duration of the Agreement, unless explicitly changed by the client.

33. Services will be provided at the highest level. The Client commits to providing them

services at the highest level and without any negative discrimination or harm to any of them

End Customers.

34. The Client and Their Trainees are Insured. The Client declares that they (and their

End Customers) are fully and appropriately insured for all insurances required in relation to

the businesses they manage and the services they provide. They acknowledge that any

damage (direct or indirect) caused to any of their End Customers will be their full and

exclusive responsibility. The Client also commits to indemnify the Website for any damage,

expense, and/or other charge that may be incurred in connection with the Client’s activities,

their content, and/or claims and lawsuits from End Customers and any third party.

35. Prohibition of Advertisements. The Client is prohibited from using the Website to

advertise any service that is not included in the services they themselves provide as detailed

in the introduction to this Agreement and included in the package they have selected. The

website is entitled to remove and stop such unauthorized use, and the Client shall have no

claim regarding this.

36. Messages to End Customers will be sent in accordance with the Law. Since

Clients on the Website are allowed to send updates and messages to their End Customers,

and the Website only facilitates the sending but does not monitor or interfere with the content

of the messages, the Client commits that every message or communication sent in any way

to their End Customers via or with the assistance of the Website will comply with legal

requirements, will not constitute prohibited advertising (but will be in accordance with and

subject to legal provisions), and that all will be sent only after obtaining and documenting

explicit consent from the end customers by the Client.

37. Prohibited Actions. Without detracting from the generality of the preceding and what

follows, the following actions are absolutely prohibited, and the Client bears exclusive

responsibility for the consequences of their actions:

37.1. Posting or publishing content contrary to any law, directive, or instruction, that

constitutes a basis for a civil claim or criminal complaint/accusation against

the Website or any third party, or in any way harms the website and/or anyone

third party or causes it;

37.2. Posting or publishing illegal content, encouraging illegal activities, racist,

inciting, violent, discriminatory, creating fraud, or likely to cause damage,

harassment, deception, or other harm to any third party;

37.3. Posting or publishing content that constitutes or may constitute defamation,

damaging the reputation of other third parties, their businesses, or

constitutes plagiarism;

37.4. Any action within the Website that does not constitute reasonable and proper

use, or is prohibited by this Agreement, Terms of use, Privacy Policy, or any

other relevant document, including but not limited to – a prohibition on

advertising any third party through the Client’s account;

37.5. Posting or publishing content that advertises gambling, tobacco, alcohol,

drugs, or any other product contrary to law and/or any other field prohibited by

the Website from time to time;

37.6. Posting or publishing content that could impose legal liability on the Website

and anyone on its behalf, interfere with the Website’s proper operation,

overload the website or any part or service therein, or harm the website, its

reputation, or the user experience in any way;

37.7. Posting or publishing sexual content, content with sexual connotations,

pornographic, or otherwise offensive material;

37.8. Posting or publishing content that impersonates another person or business,

or posting content on behalf of someone else;

37.9. Violating the privacy rights of any third party, including disclosing information

and publishing identifying details of a third party without prior consent;

37.10. Collecting any information about End Customers on the Website (other than

collecting details about End Customers who voluntarily provided such details

to the Client and consented to it);

37.11. Posting content (and any link to such content) where a third party has rights

and prior consent from such third party has not been obtained for such action,

or which would breach any duty of confidentiality or any other form of

protection;

37.12. Violating any intellectual property right (such as trademarks (registered or

not), copyright, or any other right);

37.13. Posting or displaying inaccurate, outdated information, or information that is

misleading or untrue;

37.14. Introducing computer code, software, or applications that contain viruses,

spyware, and other malicious software (such as Trojan horses, worms, and

other malware);

37.15. Copying translating, adapting, selling, modifying, processing, disassembling,

or recompiling any component, design, or content used in the Website or any

part of the code that constitutes the Website;

37.16. Scanning the Website automatically or manually, including any retrieval

and/or data mining and creating any index from the information contained

therein;

37.17. Any use of the Website, data, or content from the Website, other than using

the service for the purposes defined in the Terms of Use.

37.18. Deleting details or marks of exclusivity, property rights, intellectual property

rights, content origin, from any content on and/or published on the Website

37.19. Creating automatic accounts or accounts not owned by the Client;

37.20. Sending “spam” (advertising or unsolicited messages) to users on the

Website, both within the Website and outside of it;

Limitation of Liability

38. The Website is Provided “As Is” Without Representations or Warranties. The

Website is provided as is (“AS-IS”) without any representations or commitments. The

Website does not guarantee that it will be free from errors or defects of any kind.

39. The Absence of Responsibility of the Website for any damage to Customers

and End Users. For the avoidance of doubt, it is clarified that the Website does not provide

services to end customers. Its role is to serve as a platform for advertising, communication,

and the provision of services from its clients to end users. Therefore, the Website, its

operators, and anyone on their behalf will not be responsible (to Customers, End Users, or

any other third party) for any direct, indirect, punitive, incidental, special, consequential, or

any other type of damage (including but not limited to data loss, loss of profits, loss of

business, etc.), whether in a tort, contract, or otherwise (including claims and allegations due

to malfunction and/or damage to the Website or any of its components or services, its

contents, use, or any other malfunction occurring within its scope).

40. Interpretation of the Website’s Liability in a limited manner. To the extent that

law does not allow the limitation of liability by the Website as stated above, this agreement

should be interpreted in the most limited way possible regarding the Website’s liability, to the

extent permitted, and in any case, the financial liability of the Website for any damage and/or

expense of any kind shall not exceed the amount paid by the specific Client to the Website

during the six (6) months prior to the occurrence of the damage and not beyond that.

41. Responsibility towards End Customers is solely yours. For the avoidance of

doubt, it is clarified that the Website shall not have any liability towards any End Customer in

relation to any malfunction that occurred on the Website and/or its use and/or any of the

content therein. Any such liability shall be exclusively on the Client and not on the Website,

even if the Website is used for the same service, and a malfunction occurs on the Website

itself.

42. No commitment to continuous, proper, or error-free functioning. It is clarified

that the Website cannot commit and does not commit to such a functioning or structure and

to continuous and error-free operation, whether arising from severe material failure, software

malfunction, communication failure in accessing the Website, server malfunctions, or any

other similar malfunction. The Website does not commit to continuous operation in any way

scope. Various malfunctions (such as internet malfunctions, service malfunctions,

malfunctions in accessing the internet or the website, as well as viruses or others

malfunctions on the Website) may occur and may cause disruptions, for which the Website

bears no responsibility.

43. The Website does not commit to Intervening in the Content of the Client or

other Content Providers. The exclusive responsibility lies with the Client or the content

provider. The Website does not interfere with the content uploaded to it. Such content is

uploaded by its clients and is solely their exclusive responsibility. The Client is solely

responsible for ensuring that all content uploaded to the Website by them is accurate,

up-to-date, not misleading, and complies with all laws or agreements, and should update it

as needed.

44. There is no responsibility for the adaptation of the website and its services to

Client’s needs. Please note that the Website or any of the services offered on it may not

suit client’s needs in any way. In such a case, the Client shall contact the Operator, and the

Operator may cancel the subscription purchased by the Client without charging any fees

beyond the actual cancellation date. However, there is no obligation to cancel any

subscription as stated, and the responsibility for the purchase of the subscription is solely on

the Client.

45. Reasonable Security Measures, without Liability. The Website employs

organizational and technological security measures that are good and accepted according to

its discretion. For example, the Website uses encryption and protection of information flow

from the Website’s servers to end-user devices. However, it is impossible to prevent

breaches or other disruptions to the Website’s operation. The website will not be

responsible for any damage caused to users due to any data breach or disruption to the

Website.

46. ​​Despite the aforementioned in this Agreement, the Website undertakes that in the

event of significant malfunctions disrupting the Website’s operation (in a way that entirely

disrupts the Website’s operation or a substantial part thereof), they will be promptly

addressed upon their discovery or notification, communicated through email to

easy1plan@gmail.com.

47. No Commitment to Content Monitoring. The website does not commit to

monitoring and/or checking the content uploaded to it, although it has the right (but is not

obliged) to supervise the use of the Website and its content.

48. The Sole Remedy for any Claim – Cessation of the Use of the Services on the

Website. In the event that the Client is dissatisfied with any service or component on the

Website and/or the provisions of this Agreement, the sole and exclusive remedy available is

to stop using the Website. The Client hereby waives any additional claims and/or demands

against the site and anyone acting on its behalf.

49. Compensation in Case of Legal or Contractual Breach on Client’s part. The

Client undertakes to compensate the Website, its operators, and/or anyone acting on them

on behalf of any damage, loss, loss of profit, payment, or expense incurred by them – including

attorney fees and legal expenses – due to a breach of these Terms of Use or any other

terms related to the Website.

Intellectual Property

50. Rights – to the Website. All intellectual property rights related to the Website, its

services, the documents attached to it, and its associated trademarks (including but not

limited to copyright, trademarks, trade secrets, logos, moral rights, business secrets, ideas,

customer lists and details of the Website, etc., whether existing or future, whether protected

by registration or not) are and shall remain in the full and exclusive ownership of the Website

or are hereby transferred to it (as applicable). The use of the Website does not grant the

Client any intellectual property rights whatsoever in any of the components, contents, and/or

rights mentioned above, except for the limited right to use the service for the duration of the

Agreement, as explicitly detailed in this Agreement. This agreement does not grant the

Client any rights not explicitly granted herein.

51. The Client grants a license to the Website. The Client hereby grants the Website,

without any additional consideration, a non-revocable and unconditional license:

51.1. To publish any content and/or information uploaded to the Website in the field

designated for public disclosure

51.2. To mention its name and/or display its logo, as a Client of the Website and/or

the service, and to use them for the purpose of advertising and/or promoting

the Website, the service, and/or any other service provided by the Website

and anyone on its behalf, on the Website and/or in any other way, at the sole

discretion of the Website. This includes in print media, digital media,

including on websites, in digital archives, and in services provided on various

communication networks, including search services and location-based

services, or in any other way the Website deems appropriate, according to its

sole discretion.

51.3. To use (including editing, correcting, deleting, adding, copying, creating a

derivative work, making available to the public, broadcasting, public

performance, etc.) any data, information, content, and/or work uploaded by

him to the Website, at the sole discretion of the Website, even if it involves

commercial use in every respect and even after such contents or works have

been deleted from the website.

Confidentiality

52. The Website undertakes, upon signing this Agreement, to maintain confidentiality

(subject to technical or other failures beyond its exclusive control) regarding the customer list

of the Client.

53. The Client undertakes upon signing this Agreement to maintain absolute

confidentiality of all information conveyed to him by the Website, including documents of any kind

kind, the Website’s operating methods, interface components, design, and the like, as well

as the content of this Agreement. The Client commits not to disclose any of these (whether

orally or in writing) to any third party without the Website’s explicit and written consent.

54. Important: The information about End Customers is accessible to the Website

Operator but is not disclosed to any third party. Please note that the information about End

Customers are stored exclusively by you, with reliable and external cloud services that the

Website uses. In addition, this information is not disclosed to any of the Website’s Clients or

Businesses using it, but remains for the use of each specific client only. In any case, this

information is stored in an encrypted manner. This information will also not be used by the

Website Operator for purposes such as advertising or selling it to third parties. It is important

to note that if access to the information is needed for support of the Website’s operations,

troubleshooting, responding to Client inquiries or End Customers, etc. – the access will not

be restricted for the Website Operator or anyone on their behalf, but will be used solely for

the required purposes.

General

55. Change of the Terms. The Website reserves the exclusive right, at any time and at

its sole discretion, to change any of the terms governing the use of the Website for any

reason, without any prior notice, including to revise, add, reduce, replace, and cancel any

terms. Such changes may cause inconvenience to the Client or End Customers, but this

shall not be considered a breach of the Agreement and there shall be no claim and/or

lawsuit in this regard. If the Client continues to use the Website after the change of the

Terms, they will apply to him directly, as they will be after the changes. If the Client does not

agree to the change of the Terms, he shall notify the Website, and the engagement with the

Website will be terminated and the money paid for the period after such termination will be

refunded.

56. This Agreement is the Sole Agreement. This agreement nullifies any previous one

agreement, consent, document, proposal, or notice between the parties, and is the sole

Governing Agreement for all matters and issues. Any changes to this Agreement will be made

in writing, with the signatures of both the client and the company, and any changes not made

in accordance with the aforementioned shall have no validity towards the parties.

57. Clauses Effective After Termination. Clauses 3, 4, 6, 10, 11, 12, 15, 16, 17, 18, 20,

26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 50 and 51 of this Agreement shall remain in

effect and continue to apply even after its termination or cancellation for any reason.

58. Transfer and Use of Information. The Website shall be entitled to transfer the

Client’s details and any other element related to him or his activities on the Website

(including the operation of the Website itself and the services therein, as well as all End

Customers and their details) to any other party in the event of selling its business (in whole

or in part), selling the Website’s operations, selling the information database held by the

Website, receiving an order from an appropriate authority or a court order, and in any other

case where the Website so determines, at its sole discretion.

59. Prohibition of Assignment of the Agreement by the Client. The Client commits

not to assign this Agreement, any part of it, or any of the rights arising from it, to any third party

party.

60. Inaction Does Not Imply Waiver. Lack of response and/or refraining from taking

action and/or exercising any right and/or granting any extension, shall not be considered or

interpreted as a waiver and/or as an implied agreement and/or as a new agreement and/or

as creating estoppel against any of the parties to this Agreement due to behavior or

otherwise in their relations.

61. Exclusive Jurisdiction of Cyprus. The competent courts in Cyprus shall have

exclusive jurisdiction to hear any matter arising from this Agreement and all its terms,

including their interpretation, enforcement, breach, and/or cancellation.

62. Notices. A notice by one party to the other sent by registered mail according to the

Client’s address as detailed in the introduction to the agreement and according to the

Website’s address detailed in the introduction to these Terms, shall be deemed received by

the addressee 72 hours after its delivery to the post office for sending by registered mail and

if sent by facsimile – immediately upon receipt of written confirmation of the proper receipt of

the facsimile notice by the addressee.

Appendix A

Costs and Terms of Developments and Services

1. Upon receiving a request from the Client to the Website to perform a specific

development of a module, including adapting an existing module to the Client’s requests, the

Website will provide the Client with a price offer that is only an estimate and not binding. It is

clarified that the actual development may significantly differ from the price offer. The Client

acknowledges that they will have no claim or demand against the Website even if the actual

development is substantially different from the offer, provided that the Website informs the

Client as soon as possible with a clear notice about the changes in the scope of the

expected development, immediately as they become known to the Website.

2. The development hourly rate in the Website’s proposal will be ninety-five euros (€95)

per hour.

3. The cost of setting up a client card on the site will be 750€ and will include

Personal guidance in profiling the Client’s business at the Website’s:

3.1. Implementation of the logo, business name, and details on the client’s profile

on the Website;

3.2. Personal guidance not exceeding three (3) hours to be coordinated between

the Client and the Website, which will include training on how to operate the

Website and its interfaces and creating event cards (such as courses and

camps);

3.3. Integration of a third party payment system software that the Client is working

with.

3.4. Receiving additional requests from the Client, presenting a preliminary price

offer (development works in the price offer will be priced at a cost of

ninety-five euros (€95) per hour) and executing it. In the price offer, the

Website will present the amount the Client must pay as an advance, and upon

the principal completion of the order, the remainder of the amount will be paid

according to the website’s report on the actual hours accrued. The report will

be sent to the Client’s email, and payment will be made no later than five (5)

business days from the date of the report’s delivery.

4. The monthly cost will be one hundred and seventy-five euros (€175) per month

provided that the purchase is made as part of a commitment for a year that is

non-cancellable (to be paid in full and in advance) and will include the following services:

4.1. Remote storage and backup with a reliable provider (‘in the cloud’);

4.2. Ongoing maintenance, releasing new versions, and troubleshooting, all

according to the Website’s discretion and schedule (except for

Website-disabling malfunctions, which will be addressed no later than three

(3) business days from the notification of the malfunction);

4.3. The Client will be entitled to enable the registration to his account of up to

three thousand (3,000) End Customers. If a larger number of End

Customers are requested to be registered, it will be possible but will come at an

additional cost of 10€ for each additional 3000 users;

4.4. There will be no limitation on the number of activities the Client can associate

with his account, provided they are his activities and not those of others;

4.5. The customer service will be conducted remotely via instant messaging

software such as WhatsApp or any other technique chosen by the Website,

within the regular working hours according to the pricing and on the schedule

determined by the Website solely;

5. The moment the Client approves one of the service packages detailed below or in

the Additional Agreement or the offer received from the Website, the attached price will be

binding and will apply to the Client’s order, even if the Website changes, lowers, or raises it

in the future. It is clarified that even if the package purchased by the client is not fully utilized

(especially in the case where the package’s utilization period has ended), it does not obligate

the Website to refund any of the payments.

6. It is clarified that the period of use of the Website will be calculated in full calendar

months, even if the Client actually used only a few days of a full calendar month.

7. Upon providing billing details (such as a credit card or any other billing method), the

Client agrees that the details of the billing method will be retained in full by the Website until

after the end of the engagement. The Website will delete these details no later than sixty

(60) days from the end of the engagement, and in subsequent engagements, the Client will

need to enter new details, even if they are identical to the current ones.