? Shape Created with Sketch. Balanced life Created with Sketch. icon Alternative view Created with Sketch. Icon Themes Created with Sketch. oval Created with Sketch. Path 8 Created with Sketch. Path 11 Created with Sketch. Path 26 Created with Sketch. Path 26 Created with Sketch.

End User License Agreement (EULA)

LAST UPDATED: 11th of June 2018

PLEASE READ CAREFULLY BEFORE USE THE APPLICATION.

This End User License Agreement (Agreement or EULA) is a legal agreement between You (End User or You) and COSTS.EE OÜ (COSTS.EE or We) that governs Your use of mobile or web-application application “Costs” (COSTS or App)

BY DESIDING TO USE THE APP (DOWNLOAD AND INSTALLING ON YOUR MOBILE DEVICES), YOU AGREE TO BE BOUND BY THIS AGREEMENT AND UNDERSTAND THAT THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT. PLEASE CHECKED “I’V REVIEWED AND AGREE” IF YOU AGREE TO THIS AGREEMENT.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE PUSH “CANCEL”. IN SUCH CASE YOU ARE NOT ENTITLED TO USE THE APP.

1. DEFINITIONS

2. AGE RESTRICTIONS

3. USE OF COSTS

4. SERVICE PLANS

5. AMENDMENTS TO THIS AGREEMENT

6. iOS PROVISIONS

7. USER ACCOUNT

8. USER CONTENT

9. MULTI-USER

10. BANKSYNC

11. LIMITED LICENSE

12. PAYMENT

13. PRIVACY AND SECURITY

14. MAINTENANCE & SUPPORT

15. NO WARRANTY

16. LIMITATION OF LIABILITY

17. INTELLECTUAL PROPERTY PROTECTION

18. APPLICABLE LAW AND DISPUTE RESOLUTION

19. ACTIONS AND CLAIMS

20. TERM AND TERMINATION

21. FORCE MAJEURE

22. SEVERABILITY CLAUSE

23. LANGUAGE

24. CONTACT INFORMATION

1. DEFINITIONS

Pursuant to the provisions of this End User License Agreement the following terms as used herein shall have the meaning as stated below:

1.1. End User License Agreement (EULA) – means a legal agreement between COSTS.EE OÜ and the End User of the Application which specifies detail terms, rights and restrictions with respect to the Application (App);

1.2. COSTS.EE – means a company COSTS.EE OÜ, established and incorporated under the laws of Estonia;

1.3. End User or User – means a person who downloads and uses COSTS, including all its Services and paid in-app purchases; and holds Finanacial Account that is accessible online.

1.4. Child – means a person who is under 18 years of age;

1.5. COSTS or App – means a mobile or web multi-platform application COSTS which runs on Android and iOS devices and is available for downloading in Google Play, App Store and has been developed for managing personal finances, analyzing incomes and expenses, storing and sharing images, files up to 50 Mb, text notes and messages, geolocation and other user content with other Users;

1.6. Financial Account – means an account, including Payment Account in the End User’s name in the Financial Institution or Payment system, which is available in COSTS, consolidated information of which is provided and/or is used by online service of SaltEdge Inc. through (not within) COSTS;

1.7. Information – means any and all information provided by the End User to COSTS;

1.8. Website(s) – means websites www.costs.ee and/or www.costs.app which contain specific content related to COSTS (App) supported by the COSTS.EE OÜ (Estonia);

1.9. Muti-User – means a special feature of COSTS which enables Users to share, monitor and manage transactions with other individuals that have User Account by adding other Users to each particular Sphere. People with an access see all transactions and User content inside the shared Sphere on-line;

1.10. Privacy Policy – means a statement describes practices of COSTS.EE in connection with collected, used, disclosed and managed information about the End User;

1.11. SaltEdge Inc. – means a company duly incorporated and existing under the laws of Canada, with its registered address at 40 King Street West, Suite 2100, Toronto, Ontario, M5H 3C2, Canada, which renders through the COSTS an online service for providing and/or using consolidated information on one or more Financial Accounts which are held by End User with one or several Financial Institutions;

1.12. Intellectual Property – means, not limited to, trademarks, logos, service marks, copyrighted works, text, graphics, pictures, button icons, images, audio and video clips, data compilation and software, audio/video sequences.

1.13. User Account – means an accounting record of End User for authentication in COSTS and for receiving an authorization to access any resources provided by or connected to COSTS.

1.14. User Content – means any type of content (transactions entering manually or being downloaded from the bank card, photos, images, video, files, text comments and descriptions, bank transaction geolocation and so on) within the COSTS that is creating and is using by the End User.

1.15. BankSync – means a special option of COSTS provided by SaltEdge. Inc. through COSTS and which enables End User to access to data of his bank account(s) in Read-only mode;

1.16. Service plans – means Basic and Guru versions of App each of them have its certain features and options at the certain prices;

1.17. Service(s) – means the services, features and content available to End User’s in the COSTS.

2. AGE RESTRICTIONS

2.1. By using the COSTS, You represent and warrant that (a) You are 18 years of age or older and You agree to be bound by this Agreement; (b) if You are under 18 years of age, You have obtained verifiable consent from a parent or legal guardian; and (c) Your use of the COSTS does not violate any applicable law or regulation.

2.2. Your access to the COSTS may be terminated without warning if COSTS believes, in its sole discretion, that You are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If You are a parent or legal guardian and You provide Your consent to Your child’s use of the COSTS, You agree to be bound by this Agreement in respect to Your child’s use of the COSTS.

COSTS has the right to request and you shall provide the necessary documents or information confirming Your age or obtained verifiable consent from a parent or legal guardian.

3. USE OF COSTS

3.1. COSTS allows You to organize and manage Your personal finances analysing incomes and expenses. As such, COSTS allows You to synchronize Your financial data from the third party to Your User Account, as described more detailed in Section 10.

3.2. COSTS also allows You to grant a review or edition mode access of Your transaction records to another End User(s), as further described in Section 8.

3.3. You may not use COSTS for any illegal or unauthorized purpose.

3.4. You agree to use COSTS in accordance with this EULA and applicable law. You agree that you will not upload, submit, post, transmit, or share through the COSTS any material that is libelous or otherwise defamatory; is fraudulent; obscene, vulgar, inflammatory, or harassing; is racially, ethnically, or religiously charged; is disparaging of or reflects negatively on COSTS.EE or any of its products or services or any other User; or infringes the rights of any third party, including intellectual property rights.

3.5. You may not use COSTS to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or that encourages criminal activity. You may not upload, post, transmit, share, store or otherwise make available content which, in COSTS.EE’s sole judgment, is objectionable; which restricts or inhibits any other person from using or enjoying the COSTS; or which may expose COSTS.EE’s or its Users to harm or liability.

3.6. You agree not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Finally, You may not use the COSTS to copy, monitor or harvest contact information of other Users or to upload or transmit unauthorized or unsolicited advertising or promotions of any kind. COSTS.EE reserves the right to remove from the COSTS, without notice, any content that does not conform to the standards set forth in this EULA or Privacy policy; and to cancel your User account and terminate your right to use the COSTS in the event you have submitted any material or engaged in any activity that violates this EULA.

4. SERVICE PLANS

4.1. COSTS is available for use in two versions (Service plans): Basic and Guru. When User first runs COSTS, User is able to use Trial period – 48 hours. During the Trial period User uses features that are available in the paid Guru version. You can find detailed information of all features and options of each Service plan on www.costs.ee and/orwww.costs.app;

48 hours after downloading COSTS You will be offered to choose one of the COSTS Service plans and to pay the proper amount for it;

PLEASE LEARN CAREFULLY THE FEATURES AND OPTIONS RELATED TO EACH SERVICE PLAN.

4.2. COSTS.EE reserves the right to change the scope of features and options of each Service plan and the prices for them at any time in its sole discretion with prior notice to You.

4.3. COSTS also has in each Service plan a scope of additional in-app purchases which you can buy at any time. The prices for such in-app purchases are always available on the platform-specific page of COSTS or within COSTS application. Prices are displayed in the currency which is regulated/fixed by Google Play, App Store and others through which all payments related to COSTS are made.

5. AMENDMENTS TO THIS AGREEMENT

5.1. COSTS.EE reserves the right to change this EULA, in whole or in part, from time to time, at its sole discretion, and to provide You with notice of such change by any reasonable means. You can determine when this EULA was last revised by referring to the “LAST UPDATED” legend at the top of this EULA;

5.2. Updated EULA will be posted on the Website(s) 14 days prior to the effective date. Your continued use of the COSTS following the posting of changes to this EULA will mean that You accept those changes, provided that any material change to this EULA shall not apply retrospectively to any claim or dispute between You and us in connection with this EULA that arose prior to the “LAST UPDATED” date applicable to that version of this EULA in which We included such material change;

5.3. If You do not agree to such changes, You may terminate the use of the COSTS by deleting Your User Account;

5.4. We may, at any time, modify or discontinue all or part of the COSTS charge, modify or waive fees required to use the COSTS or offer opportunities to some or all COSTS users, subject to any restrictions placed on our exercise of such rights under applicable law;

5.5. You shall check EULA by your own at least twice a year;

5.6. COSTS.EE can notify You by e-mail prior to the expiration of EULA so You can chose whether to not agree, change plans, or allow the changes;

DUE TO SPAM FILTERS, CHANGES OF E-MAIL ADDRESS, AND OTHER FACTORS, HOWEVER, WE CANNOT GUARANTY YOU WILL RECEIVE THE NOTIFICATION. YOU SHOULD THEREFORE KEEP TRACK OF YOUR ACCOUNT’S SETTINGS, OUR WEBSITE(S) and regularly update your e-mail address and any other enrollment information.

6. iOS PROVISIONS

6.1. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties;

6.2. You acknowledge that this EULA is between You and COSTS.EE only, and not Apple, Inc, Notwithstanding the foregoing, You further acknowledge that Apple, Inc, and their subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple, Inc, will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary;

6.3. COSTS.EE, not Apple, Inc, is solely responsible for the COSTS and its content;

6.4. COSTS.EE, not Apple, is solely responsible for all services related to support and maintenance with respect to COSTS. Apple is not liable whatever for providing with support and maintenance related to COSTS;

6.5. COSTS.EE, not Apple, is responsible for addressing any claims of You or any third party relating to COSTS or Your use of COSTS.

7. USER ACCOUNT

7.1. You will be required to register with COSTS in order to access it. You will be asked to provide an email address, user name and password to create a User Account with COSTS. With respect to any such registration, We may refuse to grant You, and You may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that We reject for any other reason in our sole discretion;

7.2. You release COSTS from and renounce any claim in respect of or arising from any reasonable reliance by COSTS upon any use of Your password, including COSTS disclosing information relating to Your registration and/or affairs with COSTS. You agree to indemnify and hold COSTS.EE, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by COSTS or any third party due to, or arising out of, reasonable reliance by COSTS or any third party upon any acts carried out, requests made or information provided through the use of Your password.

7.3. You represent and warrant that any information You provide in respect of registration with COSTS, including Personal information, is true, accurate and complete, and that You will maintain and update such information as needed, such that the information remains true, accurate and complete.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH COSTS, YOU DO SO AT YOUR OWN RISK.

7.4. Your submission of information through the COSTS is governed by COSTS’s Privacy Policy (the “Privacy Policy” – www.costs.ee/pp ).

7.5. You may download and use COSTS under Your User Account simultaneously on several devices.

7.6. You are responsible for maintaining the confidentiality of Your User Account, username and any password You may use to access COSTS, and You agree not to transfer Your password or user name, or lend or otherwise transfer Your use of or access to the COSTS, to any third party, except sharing Your User content with other Users through the Multi-User feature of COSTS, described in the Section 9 of this EULA. You are responsible for keeping such information current, complete and accurate.

7.7. In case You notify any unauthorized use of Your password or user name or any other breach of security related to Your account, Your user name, You must ensure that You “log off” and exit from Your account with all COSTS sessions on all devices. In such case You shall also take all possible measures for Your data protection (password reset, setting or resetting of two-factor authentication) and in case of failure of the above measures You shall immediately contact COSTS.EE using the Section “Contact Information” below.

7.8. We are not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

7.9. COSTS, being installed on Your smartphone, contains an option of effected expense(s) encrypting in the form of Your numeric password, fingerprint or Face ID in section “Private sphere”. In means, that You can make any of the Spheres private in the Sphere options. All data, which was added to the Private sphere is stored on Your smartphone only and this Sphere does not synchronize with the server. In case of loss or breakage of Your electronic device or in case of Your failure to access the Private spheres for any other reasons, COSTS will be unable to restore access to such encrypted data and shall not be liable for any damages resulting from inability to use the above encrypted data.

In case of loss or breakage of Your electronic device or in case of Your failure to access the Private spheres for any other reasons, COSTS will be unable to restore access to such encrypted data and shall not be liable for any damages resulting from inability to use the above encrypted data.

8. USER CONTENT

8.1. Within COSTS You may post, contribute and synchronize some content (User Content) (transactions data entering manually or being downloaded from the bank card, images, files, text comments and descriptions, geolocation).

8.2. You, not COSTS.EE, are solely responsible for all content entered into COSTS and for its use, distribution and displaying, including within the group of other users (Multi-User). Any unlawful content, including that infringes intellectual property rights of third parties or violate any laws in your jurisdiction (including but not limited to copyright or trademark laws), is prohibited.

8.3. COSTS.EE does not review, use, copy, adapt, distribute, display, transmit, modify, edit and in any way control any User Content. COSTS.EE is not responsible and is not liable in any way for the User Content, including, but not limited to any loss and/or damage in connection with use of the User Content.

8.4. COSTS.EE reserves the right to delete, with a prior notice to You, any and all User Content in case of Your violation of this End User License Agreement and/or Your infringement of the rights of other persons. COSTS.EE is not liable for any loss and damage arising from deletion of the User Content.

8.5. COSTS.EE, based upon the content made available to COSTS by You, has a right to provide You with some financial advices or specific propositions none of which may be considered as competent professional advice or professional consultation. You are solely responsible for any decisions, actions and results in connection with taking the above advices and propositions, COSTS.EE shall not be liable for any loss that may occur in this connection.

8.6. You may delete Your User Content at any time by contacting us (by clicking the button “DELETE CONTENT AND PROFILE SETTINGS”)

9. MULTI-USER

9.1. As a part of COSTS, You have a possibility to grant a review or edition mode access of Your relevant transaction items to another End User(s) by using possibilities of the “Multi-User” feature, by providing access (connecting) other Users them a right to see and make acquaintance with Your certain uploaded data, except Personal Data on-line.

9.2. The other Users will be able to see and/or use only those Spheres to which they have an access, having an opportunity to disconnect from the delegated clauses and/or to disconnect the others from their clauses and categories.

9.3. If it is required by the law, End User (who is holder of parental responsibility over the child) is giving consent to processing of the Child’s personal information, by adding Child through the Multi-User feature.

9.4. All information submitted, downloaded, uploaded, transmitted or otherwise transferred with respect to the created Multi-User Sphere will be visible to all individuals in that Sphere. You may create or leave a Multi-User Sphere at anytime. Each member of a Multi-User section must have their own User Account and separate username and password.

9.6. COSTS is not liable for any incorrect information added and/or amended by any End User in the Group (Multi-User section).

10. BANKSYNC

10.1. COSTS may use features and services provided by the third parties: SaltEdge Inc. By installing COSTS, You hereby agree to accept Privacy Policy of Salt Edge Term of service of SaltEdge Inc. which is available on https://www.saltedge.com/pages/terms_of_service.

10.2. Banksynk is a special option within COSTS, enabling You to have a read-only access to Your bank account(s) and on-line bank operations. This option is provided through COSTS by Salt Edge Inc., 40 King Street West, Suite 2100, Toronto, Ontario M5H 3C2, Canada. Please see general terms of service of Salt Edge Inc. on https://www.saltedge.com/pages/terms_of_service_general and terms of privacy of Salt Edge Inc. on https://www.saltedge.com/pages/privacy_policy.

10.3. BY USING BANKSYNC OPTION, YOU HEREBY GIVE YOUR CONSENT TO SALT EDGE INC. TO ACCESS YOUR BANK OPERATIONS DETAILS AND CONSENT TO THE PROPER FINANCIAL INSTITUTIONS TO PROVIDE SALT EDGE INC. WITH THESE DETAILS.

10.4. COSTS never saves the login and/or the password of Your bank account. You have an access to Your bank account by entering login and/or password into the window in the protected mode of the Salt Edge service.

10.5. BankSync option allow You to have an access to Your bank account(s) and on-line bank operations in read-only manner, so You are not entitled to make any bank operations and/or operate Your bank account(s) through COSTS.

10.6. Having used of BankSync option You undertake to indicate the bank accounts are in Your possession or in Your lawful use. Indication of any bank account(s) owned by other persons is prohibited.

10.7. In performing its obligations under this Agreement, You have complied and shall comply in all material respects with all applicable laws, statutes, regulations and government rules relating to anti-bribery, anti-corruption, anti-money laundering and/or other prohibited business practices (collectively, “Anti-Corruption Laws”) of each jurisdiction in which such You conducts business under this Agreement or otherwise in connection with this Agreement. You shall instituted and maintains policies and procedures designed to promote and achieve, in its reasonable judgment, compliance in all material respects with the Anti-Corruption Laws and Money Laundering and Terrorist Financing Prevention Act of Estonian Republic. You are acknowledge that you have not, and will not, engage in any actions in relation to transactions that are in violation of such Anti-Corruption Laws and Money Laundering and Terrorist Financing Prevention Act of Estonian Republic.

10.8. You undertake to not (nor allow any third party, including without limitation End Users, to), either directly or indirectly:

  • engage in any behavior that could harm the technical infrastructure or systems of the Services;
  • engage in any activities that could result in disruption of the Services;
  • engage in any activities that could bring the Services into disrepute;
  • use the Services for any activity that is contrary to the provisions of any law or regulation;
  • try to have any unauthorized access to the Services, their associated servers, networking, systems, services, data or any other services of COSTS and/or Salt Edge or any related third party;
  • engage in any activities that could result in foreseeable damage to the reputation of COSTS, Salt Edge and/or its affiliates.

11. LIMITED LICENSE

11.1. COSTS is licensed, not sold to You.

11.2. COSTS.EE grants You a limited, non-exclusive, worldwide, perpetual, non-transferable, revocable license to install COSTS on an mobile device or smart phone on iOS, Android operation systems and Web on Your computer (such device or telephone – “Mobile Device”) that You own or that is in Your possession and control, display and use COSTS as installed on such Mobile Device as permitted by this EULA and any applicable usage rules set forth in the third-party Terms of Service governing the application store through which You obtained COSTS; provided that Your installation and use of COSTS are solely for Your personal use and for non-commercial purposes; and in accordance with each of the restrictions and limitations set forth in this EULA.

11.3. If You fail to comply with any of the terms or conditions set forth in this EULA, this Agreement will automatically terminate, whereupon You will immediately cease using COSTS and remove (i.e., uninstall and delete) COSTS from Your Mobile Device. You are solely responsible for any violation of any applicable laws that results from Your failure to abide by the terms of this EULA.

11.4. Without limiting the generality of the foregoing paragraph, You shall not rent, lease, timeshare, license, distribute, sublicense or otherwise transfer COSTS or any portion thereof (as a standalone product or in conjunction with other products); make copies of the COSTS or any portion thereof (except as necessary to install and use COSTS in accordance with this EULA); reverse engineer, decompile or disassemble any portion of COSTS, except where such restriction is expressly prohibited by applicable law; create derivative works of or from COSTS or any portion thereof; incorporate COSTS or any portion thereof into any product or service; use COSTS or any portion thereof for commercial purposes; and remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in COSTS. All rights not expressly granted to You hereunder are reserved to COSTS.EE and its licensor.

12. PAYMENT

12.1. You shall pay any fees and/or expenses due under this Agreement in full amount and at the times set by Google Play, App Store or others (depends where You have downloaded the App). In case of non-payment or late payment, Client shall be responsible for all costs incurred for the collection of invoices, including but not limited to reasonable attorney’s charges, collection agency costs and all court costs or related fees.

12.2. Non-Payment: If You fail to make payment when due, COSTS reserves the right to suspend or terminate with notice:

  • all licenses granted to You under this Agreement;
  • Your access to and use of the COSTS, BankSynk and other services provided under this Agreement;
  • all related Support Services; and
  • this Agreement, which termination or suspension shall take effect immediately, and You shall pay all outstanding amounts.

12.3. Taxes: All charges and fees provided for in this Agreement are exclusive of, and do not include, any foreign or domestic governmental taxes or charges of any kind imposed by any federal, state, provincial or local government on the transactions contemplated by this Agreement, including without limitation excise, sales, use, property, license, value-added taxes, goods and services, harmonized, franchise, withholding or similar taxes, customs or other import duties or other taxes, tariffs or duties (collectively, “Taxes”) other than taxes that are imposed based on the net income of COSTS. Any amounts payable by You under this Agreement shall be payable in full without offset or deduction for Taxes. You shall be solely responsible for and shall pay any Taxes, however designated, levied or based, imposed on amounts payable by You hereunder.

12.4. Changes to Payment Terms and Fees: COSTS reserves the right to modify in its sole discretion, at any time and from time to time, the payment terms and/or fees for the Services by providing thirty (30) days’ prior notice to You. If You do not agree to the modified payment terms and/or Services fees, You may terminate this Agreement by the date when the new payment terms and/or fees become effective.

13. PRIVACY AND SECURITY

13.1. Your privacy is very important to COSTS.EE. We respect the privacy of every End User and We always act to protect Your personal information by the most advanced technologies.

13.2. We have developed the Privacy Policy in order for You to understand how We collect, use, communicate and disclose Your Personal Information. You can find details related to Our Privacy Policy on www.costs.ee/pp, which is an integral part of this EULA.

13.3. You agree that COSTS.EE and relevant Third Party may collect and process of Personal Information that You provide with connection of COSTS use.

13.4. COSTS undertakes to provide high level security for the App. COSTS is responsible for providing any customer or technical support and/or maintenance for App.

13.5. In the event of degradation or instability of the COSTS and/or SaltEdge, an emergency, Force Majeure, or exposure of a critical security vulnerability, or if the COSTS and/or SaltEdge is subject to attacks or technical failures beyond the control of COSTS and/or Salt Edge, whether as a result of the conduct of You, third parties, or otherwise, BankSync service can be temporarily suspended by providing advance written notice to You whenever feasible.

13.6. COSTS undertakes promptly correct any errors, bugs or faults in the App, detected by You or Salt Edge, that cause the App to access incorrectly the Services.

13.7. Each Party must notify the other Party promptly of any: (a) actual or suspected security breach (“Security Breach”) of App or any system, software or network employed in connection with the Services, or (b) Personal Data Breach within App or any system, software or network employed in connection with the Services, in order to allow the other Party to take reasonable measures to apply preventive actions with respect to its system, software or networks and, if applicable, to meet the Personal Data Breach and/or Security Breach reporting requirements set forth in the Applicable Laws. Such notification shall include a description of the breach and, if applicable, identification information of each End User whose Personal Data has been, or the Party reasonably believes to have been, unlawfully accessed, acquired or disclosed during such breach.

14. MAINTENANCE & SUPPORT

14.1. You acknowledge that while COSTS.EE may provide maintenance and support for the App from time to time, COSTS.EE will have no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. COSTS.EE is solely responsible for providing any maintenance and support services with respect to the COSTS.

15. NO WARRANTY

15.1. YOU AGREE THAT YOUR USE OF THE COSTS AND INTEGRATED THIRD PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. THE COSTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COSTS.EE, ITS AFFILIATES, RESELLERS, OR DISTRIBUTORS, OR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COSTS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS, GOODWILL, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, WORK STOPPAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE COSTS AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICIATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF COSTS OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF COSTS.EE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE COSTS.EE LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL COSTS.EE TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THIRTY U.S. DOLLARS ($30.00).

17. INTELLECTUAL PROPERTY PROTECTION

17.1. COSTS is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

17.2. COSTS is licensed, not sold. COSTS contains protected trademarks, copyrighted material, trade secrets and other proprietary material. COSTS.EE has the lawful exclusive right for use all intellectual property objects relating to COSTS.

17.3. In no event the End User may decompile, disassemble, reverse engineer, disassemble, modify, adapt, translate, make any copy or otherwise reproduce COSTS (or any of the browser screens comprising COSTS) or create derivative works. End User will not disclose, distribute, loan, sell, sublicense, transmit or otherwise transfer the COSTS to any third party, or otherwise make available the COSTS, or the results of any benchmark or other tests of the COSTS, to any third party without the prior written consent of COSTS.EE. End User shall not remove any proprietary notices from the COSTS.

17.4. The text of this EULA is protected by copyright laws and international copyright treaties. In no event End User or any other person is allowed to use the text of this EULA or its part in any manner.

17.5. COSTS.EE respects the intellectual property of others and requires that users of the COSTS do the same. When You use the COSTS, You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes an y copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, COSTS.EE will terminate the accounts of repeat infringers.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

18.1. This EULA, Our Privacy Policy (www.costs.ee/pp) and the relationship between You and COSTS.EE will be governed by the laws of Estonia, excluding its conflicts of law provisions.

18.2. The Parties agree that they shall attempt to resolve any disputes, controversies or differences arising out of or relating to this Agreement through negotiations between senior executives of the Parties, who have authority to settle the same, before resorting to litigation.

18.3. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tallinn, Estonia to resolve any dispute or claim arising from this EULA.

19. ACTIONS AND CLAIMS

19.1. As to intellectual property rights, You specifically agree that COSTS.EE may file an action in any jurisdiction to protect or enforce its rights. You agree that any claim or cause of action related to this EULA or the use of the COSTS must be filed within one (1) year after the cause of action arose or be forever barred.

20. TERM AND TERMINATION

20.1. This Agreement shall commence on the date that You accepted the terms of this Agreement by checked “I’v reviewed and agree” at the end of this Agreement and shall be in effect until terminated in accordance with the terms described below in this Section.

20.2. Your User Account can be canceled by sending cancellation request to support@costs.ee. All of Your User Content will be deleted from COSTS upon cancellation within … working days (unless your data and content have been shared with other users, and they have not deleted them). This action cannot be recovered once Your User Account is cancelled. If the Service is canceled before the end of your current paid up month, Your cancellation will take effect.

20.3. COSTS.EE, at its sole discretion, has the right to suspend or terminate Your User Account and refuse any and all current or future use of COSTS, or any other COSTS.EE’s service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your User Account or Your access to Your User Account, and the forfeiture and relinquishment of all Content in Your User Account.

21. FORCE MAJEURE

21.1. Neither Party shall be deemed to be in breach of this Agreement for any failure or delay in performance of its obligations hereunder caused by reasons beyond its reasonable control, including but not limited to acts of God, epidemics, wars or any kind of military operations, blockade, acts of terrorism, communication failures, strikes (other than strikes involving such Party), normative acts issued by the state and government institutions and binding for the Parties, enforcement by Financial Institution, Financial Institution’s blocking or denial of access to COSTS and/or Salt Edge, but excluding any payment obligations (collectively, “Force Majeure”).

21.2. The Party that cannot fulfill its obligations as a result of Force Majeure shall inform the other Party in writing of occurrence of such circumstances and their possible duration not later than within seven (7) days from the date of occurrence of Force Majeure. Failure to inform or untimely notification does not give the Party that has failed to inform or has informed untimely the right to refer to any Force Majeure as to the grounds for release from liability for incomplete fulfillment, delay in fulfillment or non-fulfillment of its obligations.

21.3. In case of occurrence of Force Majeure, performance of Parties’ obligations shall be suspended until the end of such circumstances, but if the Force Majeure continues for a period of sixty (60) days or more, either Party may elect to terminate this Agreement without further liability to the other.

22. SEVERABILITY CLAUSE

22.1. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

23. LANGUAGE

23.1. This EULA is available in English language only.

23.2. All written, electronic or other communications and any documents made between COSTS.EE and You under or in connection with this EULA shall be in the English language. Any translation into any other language shall not be an official version thereof and in the event of any conflict in interpretation between the English version and such translation, the English version shall prevail.

24. Contact information:

COSTS.EE OÜ

Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 11-256, 10119

Registry code: 14398029

info@costs.ee