TERMS AND CONDITIONS
Last updated March 23rdth, 2021
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Smel Nov Svyat EOOD, UIC: 202110999, located at ul. Dragovica 11, ap. 5, Sofia, Bulgaria, 1505, operator of Encharge.io ("we," "us" or "our"), concerning your access to and use of the https://encharge.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside
(5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a free trial to new users who register with the Site. At the end of the free trial period, you will be charged according to your chosen subscription plan.
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at support@encharge.io.
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use.
Any Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.
You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
5. attempt to impersonate another user or person or use the username of another user.
6. use any information obtained from the Site in order to harass, abuse, or harm another person.
7. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
8. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
9. delete the copyright or other proprietary rights notice from any Content.
10. copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
11. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
12. use the Site in a manner inconsistent with any applicable laws or regulations.
13. use the site to send any unsolicited e-mail, especially any unsolicited promotions ("spam") that violates any laws, rules or regulations in the jurisdiction where the recipient resides, including but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or Canada’s Anti-Spam Legislation (CASL).
14. use the site to constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
15. use the site in a way that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or impersonates, or misrepresents your affiliation with, any person or entity.
16. use the site in a way that may that may expose us or others to any harm or liability of any type.
As a user of the Site, you agree not to send email messages about:
1. Affiliate offers if these offers are the primary focus of the email.
2. Illegal products/services.
3. Online drug/substance purchases, including male enhancement products.
4. Escort, dating, gambling, or loan services.
5. Forex, day trading, multi-level marketing, get-rich-quick schemes.
6. other products or content that is, in our sole judgement, objectionable.
If the email messages sent through your account generate above average bounce, spam report or unsubscribe rate, your account might be paused. A team member will reach out to you to work with you on the issue and resolve the problem. Failure to remedy the issue, might lead to your account being suspended.
Additionally, Encharge may suspend your account if we decide, in our sole discretion, that your account is sending unsolicited or spam messages, or that your account is using purchased or rented email lists.
We offer partial pro-rated refunds for the unused and future part of your subscription period, up to 30 days after your initial purchase. We do not offer refunds on renewed subscriptions. Refunds are provided on the following conditions:
1.
You haven't violated our Terms of Service. Accounts terminated for Terms of Service violations will not receive refunds. 2.
You haven't exceeded fair usage limits during the period the service was used by you. As a user of the Site, you agree to the following fair usage policy: 1.
Your usage of the Site and its systems (including, but not limited to sending emails, sending text messages, sending HTTP requests, usage of Site's APIs, usage of Site's connection to 3rd party services) might not exceed normal usage patterns and limits. For example, sending an excessive amount of email via the Site, or sending a disproportionately large number of requests to our APIs for the number of people or subscribers in your account might constitute a breach of this Fair Usage policy. We are solely responsible for defining normal usage patterns and limits and might change these patterns and limits over time. If we determine that you are exceeding Fair Usage limits, as outlined in this policy, we reserve the right to terminate your access to the Site. You might not attempt to circumvent these limits or to regain access to the Site. If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use
the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection
with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the
application; (5) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use the application to send any unsolicited commercial e-mail, especially any unsolicited promotions ("spam") that violates any laws, rules or regulations in the jurisdiction where the recipient resides, including but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or Canada’s Anti-Spam Legislation (CASL).
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an "App Distributor") to
access the Site: (1) the license granted to you for our mobile application is limited to
a non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor's terms of service;
(2) we are responsible for providing any maintenance and support
services with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms of Use
or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to
any applicable warranty, you may notify the applicable App Distributor, and the
App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile application; As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such account,
a "Third-Party Account") by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the "Third Party Content")
so that it is available on and through the Site via your account (2) and we may
submit to and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider,
then Third Party Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account
on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Third Party Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Third Party Content. You acknowledge and agree
that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Site. You can deactivate the connection between the Site and your Third-Party
Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information
stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your
account. The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; 2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site. We care about data privacy and security. Please review our Privacy
Policy posted on the Site. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United
States, then through your continued use of the Site, you are transferring your
data to the United States, and you expressly consent to have your data
transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. Therefore, in accordance with
the U.S. Children's Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to
us without the requisite and verifiable parental consent, we will delete that
information from the Site as quickly as is reasonably practical. We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any copyright
you own or control, please immediately notify us using the contact information
provided below (a "Notification"). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable
for damages if you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the Site infringes
your copyright, you should consider first contacting an attorney. These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress. We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also reserve
the right to modify or discontinue all or part of the Site without notice at
any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith. These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the Republic of Bulgaria, without
regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us
(collectively, the "Parties" and individually, a "Party") shall be commenced or
prosecuted in courts located in Bulgaria, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms of Use. In no event shall any claim,
action, or proceeding brought by either Party related in any way to the Site be
commenced more than 1 year after the cause of action arose. To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each a "Dispute" and
collectively, the "Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least 60 days before initiating legal action. Such informal
negotiations commence upon written notice from one Party to the other Party. The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons. There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6 MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys' fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach
of these Terms of Use; (4) any breach of your representations and warranties
set forth in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it. We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data. Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means. These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Use and does not affect
the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use. In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at: Smel Nov Svyat EOOD 59 Uoshbarn St, Sofia, Bulgaria support@encharge.io FAIR USAGE
MOBILE APPLICATION LICENSE
Use License
Apple and Android Devices
THIRD PARTY ACCOUNTS
THIRD-PARTY WEBSITES AND
CONTENT
SITE MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
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