ПРАВИЛА И УСЛОВИЯ

Thank you for visiting our website (the “Website”) on which you found the link to these Terms and Conditions (the “Website ”), and to our Privacy Policy (the "Privacy Policy"). This website is operated and controlled by Birmotion AI and any holding companies, subsidiaries or related entities, all of which are referred to as Birmotion AI. The Website is our property (referred to collectively as “we”, “our” or “us”) and you may contact us at any time via email at: info@birmotion-ai-software.com

By accessing the Website or availing yourself of our products and/or services ("Vendor Services" and collectively with Subscription Services, referred to as "Services"), you agree to abide by these Terms of Use ("Terms") and our Privacy Policy. These Terms include operating rules, policies, information and other supplemental terms. We reserve the right to amend the Terms from time to time without prior notice and at our discretion. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be deemed acceptance of the Terms.

Please carefully review the complete terms of these Terms & Conditions. If you disagree with any part of it, you are not authorized to use the Services or the Website in any manner. We reserve the right to deny access to the Services and/or Website at our sole discretion.

NO INVESTMENT ADVICE

Unless otherwise expressly stated to the contrary, this website is not designed for the purpose of providing personal financial or investment advice. Information provided does not take into account your particular investment objectives, financial situation or investment needs.

You should assess whether the information on this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information provided on or in relation to this website. You can either make this assessment yourself or seek the professional assistance of any independent financial adviser.

Unless otherwise expressly stated to the contrary, the information on this website is not a recommendation to invest in any financial products or services offered by any member of the IG group of companies.

PRODUCTS AND SERVICES

Not all products and services referred to on this website are necessarily provided by us. The identification or use of any third party products, services, websites or networks is not an endorsement of such products, services or websites or networks. This website may allow you to access websites and networks provided by persons other than us via a hypertext or other link.

We accept no responsibility or liability of any kind in respect of any materials on any website or network that is not under our direct control. You acknowledge that your access to such other websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network. Nothing in this website is intended to be nor should it be understood by you as being neither investment nor financial advice from or by us.

SCOPE AND MODIFICATION

You agree to the terms outlined herein concerning your use of our Website. These Terms constitute the entire agreement between you and us, superseding all prior agreements, representations, warranties, and understandings concerning the Website.

Please note that these Terms may change periodically. If we modify these Terms, we will inform you of the choices you have due to such changes. Additionally, we will post a notice indicating the modification. Your continued use of the Website and/or our Services implies your full agreement to comply with the updated terms and conditions in effect at that time. It is your responsibility to regularly check this page for updates and/or changes.

REQUIREMENTS

The Website and our Services are exclusively available to individuals eligible to enter into legally binding contracts under applicable law. They are not intended for use by individuals under the age of eighteen (18). If you are under eighteen (18) years old, you do not have permission to use and/or access the Website and/or Services.

DESCRIPTION OF THE SERVICES

Subscription Services: Upon registering on the Website and receiving approval from us, you can obtain, or attempt to obtain, Subscription Services for a fee or no fee. These services provide email content, text, and other materials ("Subscription Content") relevant to online marketing from us and third-party partners ("Third-Party Providers"). This is not investment advice. You understand and agree that we are not responsible or liable for the accuracy, completeness, or appropriateness of the Subscription Content.

Vendor and Third-Party Services: By completing registration forms, you can obtain, or attempt to obtain, certain products and/or services from the Website. Product and/or service descriptions on the Website may be provided by Third-Party Providers. We do not guarantee the accuracy or completeness of such descriptions. You understand and agree that we are not responsible or liable for your inability to obtain products and/or services from the Website or its affiliated partners any disputes with product sellers, distributors, 3rd party providers who you might engage with in relation to the website.

General: To use the Services, you must provide accurate Service Registration Data, and we reserve the right to reject incomplete, fraudulent, or unacceptable data. Unless explicitly stated otherwise, any future offers enhancing the Website's features will be subject to these Terms. You agree that we are not responsible for your inability to use and/or qualify for the Services and any modifications, suspensions, or discontinuations.

PROPRIETARY RIGHTS

The Website, Content, and Services, including organization, graphics, design, compilation, software, and other matters, are protected under applicable copyrights, trademarks, and other proprietary rights. Reproducing, redistributing, or selling any part of the Website, Content, and/or Services is strictly prohibited. Retrieval of material by automated means or scraping for any purpose without written permission is prohibited. You do not acquire ownership rights to any content, document, software, services, or materials on the Website. Our name, logo, graphics, icons, and service names are trademarks. Unauthorized use of any trademark is strictly prohibited.

CONFIDENTIAL INFORMATION

Confidential information refers to proprietary information identified as such and excludes publicly known information, pre-existing knowledge, independently developed information, or information received from a third party without restrictions on disclosure. The duty to protect confidential information expires one (1) year after termination.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING," AND/OR REFERENCING THE WEBSITE PROHIBITED

Hyperlinking the Website or parts thereof to another website without our express authorization is prohibited. "Framing" the Website or referencing the Uniform Resource Locator ("URL") without our written permission is strictly prohibited. Cooperation to remove such content or activity is required, and you are liable for any associated damages.

EDITING, DELETING, AND MODIFICATION

We reserve the right to edit and/or delete any documents, information, or content on the Website without prior notice.

DISCLAIMER

THE WEBSITE, SERVICES, CONTENT, AND ANY THIRD-PARTY PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH ALL WARRANTIES, EXPRESS AND IMPLIED, DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, CONTENT, AND/OR THIRD-PARTY PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIM IN CONNECTION WITH THE INABILITY TO USE THE WEBSITE, SERVICES, CONTENT, AND/OR THIRD-PARTY PRODUCTS. THE WEBSITE MAY CONTAIN BUGS, ERRORS, OR LIMITATIONS, AND WE ARE NOT LIABLE FOR INTERNET CONNECTION AVAILABILITY.

LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORTS. YOU RELEASE US AND OUR THIRD-PARTY PROVIDERS FROM OBLIGATIONS, LIABILITIES, AND CLAIMS BEYOND THE STATED LIMITATION. IF APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION, OUR MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE WILL BE FIVE HUNDRED DOLLARS ($500.00).

INDEMNIFICATION

You agree to indemnify and hold us, our partners, subsidiaries, affiliates, and their respective members, officers, directors, employees, agents, and partners harmless from any claims, expenses, damages, suits, costs, demands, and/or judgments made by any third party due to or arising from your use of the Website, Services, or Content; your breach of these Terms; and/or your violation of another individual and/or entity's rights.

THIRD PARTY WEBSITES

The Website may provide links to other Internet websites and/or resources owned by Third-Party Providers. We are not responsible for the availability of such third-party websites and/or resources, nor the contents thereof, and we do not endorse or assume liability for their terms, privacy policies, content, advertising, services, products, or materials.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the Website and all submitted comments, feedback, information, Registration Data, and/or materials are subject to our Privacy Policy. We reserve the right to use information regarding your Website use and personally identifiable information according to our Privacy Policy and applicable data protection laws.

LEGAL WARNING

Any attempt to damage, destroy, tamper with, vandalize, or interfere with the Website's operation is a violation of criminal and civil law. We will pursue remedies against any offending individual or entity to the fullest extent permitted by law and in equity.

CHOICE OF LAW AND VENUE

These Terms are governed by and construed according to the laws of the UK. The Parties will attempt to negotiate a settlement in good faith for any claim or dispute arising out of or related to these Terms & Conditions amicably. If the Parties fail to agree on terms, the dispute will be submitted exclusively to confidential arbitration proceedings in front of a single arbitrator in London under ICC rules, whose award shall be final and binding. No party shall file a claim with its local court of domicile or any other forum.

DATA PROTECTION ADDENDUM

This Data Protection Addendum forms part of our Terms and Conditions. The terms used herein have meanings specified in this Addendum. Except as modified below, the Terms remain in full force and effect.

1. Definitions
   1. Applicable Laws: EU or Member State laws regarding Personal Data subject to EU Data Protection Laws and other applicable law for Personal Data subject to other Data Protection Laws.
   2. Controller: Entity determining the purposes and means of Personal Data processing.
   3. Data Protection Laws: EU Data Protection Laws and data protection or privacy laws of any other country.
   4. EU Data Protection Laws: EU Directive 95/46/EC, GDPR, and related laws.
   5. GDPR: EU General Data Protection Regulation 2016/679.
2. Collection and Processing of Personal Data
   1. We agree to comply with all applicable Data Protection Laws in Personal Data Processing.
      1. We represent and warrant that we have necessary permissions and consents from data subjects to lawfully allow the collection, processing, and sharing of Personal Data via the Services in accordance with Applicable Laws.
      2. We will maintain a mechanism for obtaining and withdrawing consent, in compliance with Applicable Laws, and publicly available privacy policy.
      3. We acknowledge not to provide Services to children under eighteen (18).
3. Security
   1. We will implement appropriate technical and organizational measures for data security in accordance with Article 32(1) of the GDPR.
4. Subprocessing
   1. You authorize us to appoint Subprocessors and ensure written contracts with Subprocessors offer the same level of protection for Personal Data as outlined in this Addendum and meet GDPR requirements.
5. Data Subject Rights
   1. We will assist in responding to Data Subject rights requests under Data Protection Laws, considering the nature of the Processing.
6. Personal Data Breach
   1. We shall immediately inform affected Data Subjects upon becoming aware of a Personal Data Breach, assisting in investigation, mitigation, and remediation.
7. General Terms
   1. Disputes or claims arising under these Terms are subject to the jurisdiction stipulated herein. If any provision is invalid, the remainder shall remain valid.
8. Amendments
   1. Amendments to these Terms may be made from time at our sole discretion

By agreeing to these Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by all the terms outlined above. Your continued use of the Website and Services constitutes acceptance of these terms. If you have any questions or concerns, please contact us at info@birmotion-ai-software.com