Version No. 01, effective from January 20, 2025
Advacheck OU, a private limited company duly incorporated under the laws of the Republic of Estonia bearing registration number 16547597, with its registered address at Vesivärava tn 50-201, 10152 Tallinn, Estonia (hereinafter referred to as the “Right Holder“) shall provide the Advacheck Software to any fully capable individual who agrees to use the Advacheck Software by accepting all the terms of the Offer by means of registration on the Website (hereinafter referred to as the “User“).
Basic Definitions
1) “Advacheck Software” refers to a specialized hardware and software suite that integrates computer application programs, advanced search modules, and data collections into a unified system. This Offer applies exclusively to the version of Advacheck Software designed for individual users (B2C). Advacheck Software enables the analysis of uploaded texts and documents to detect AI-generated texts and generates a detailed report with the analysis results.
For information on other versions of Advacheck Software tailored for corporate users (B2B), please refer to the Website. The Advacheck Software is hosted on the Right Holder’s infrastructure and may be available in different versions and operational modes.
Exclusive rights to computer software forming the Advacheck Software are owned by the Right Holder. The technological search index array, as a component of the Advacheck Software, is used by the Right Holder freely or under appropriate agreements. No transfer (alienation) of exclusive rights to the Advacheck Software or its separate components (computer software) is allowed. The Right Holder shall retain the right to grant the use of the Advacheck Software to the general public. The description of the computer software included in the Advacheck Software as well as the User Manual for their use are available at: https://manual.advacheck.com/en/ (hereinafter referred to as the “User Documentation”).
The use of the Advacheck Software shall be granted to the User remotely via web browser with Login and Password, without installing the distribution kit of the Advacheck Software on the User’s computer device, in accordance with the User Documentation. Legal entities and/or individual entrepreneurs use the Advacheck Software in their professional (statutory) activities under a license agreement entered into with the Right Holder. Representatives of the legal entities or individual entrepreneurs apply for a commercial offer and a license agreement by e-mail: sales@advacheck.com
2) “Right Holder’s Website” (the “Website“) is the Right Holder’s information system located on the Internet at: https://advacheck.com/ . On the Website, the User shall receive general information about Advacheck Software and follow the link advacheck.com to: a) register with Advacheck Software; b) get access to Advacheck Software and c) use Advacheck Software on the terms and conditions hereof (the Offer).
3) “Offer“ means this irrevocable and perpetual public offer by the Right Holder in accordance with Paragraph 16 of the Law of Obligations Act of the Republic of Estonia (hereinafter referred to as the “Law of Obligations Act”), to grant the use of the Advacheck Software via the Internet. The Offer contains the essential terms and conditions of the use and license agreement (the “Agreement”). The Offer is permanently available at https://advacheck.com/help/terms. The Offer is intended for an indefinite number of fully capable individuals, with no time limit for acceptance of the Offer. The Acceptance is a full and unconditional acceptance of the Offer. Upon Acceptance, the Website visitor becomes a User, and the terms and conditions of the Offer become the legal terms and conditions of the use and license agreement (Agreement) for use of the Advacheck Software by the User.
4) “Acceptance of the Offer (Acceptance)” means full and unconditional acceptance by a Website user of the terms and conditions of the Offer (Paragraph 20 of the Law of Obligations Act) by registration as a User or authorization using the Website. Acceptance forms a use and license agreement (Agreement) on the terms of the Offer for the use of the Advacheck Software by the User on the terms of the Ordinary (Non-Exclusive) License. The Agreement shall be deemed concluded at the time of Acceptance and shall be in effect as set forth in this document (the Offer). Upon Acceptance, the User shall, as provided for by the Law of Obligations Act, acquire and acknowledge its rights and obligations set forth herein.
5) “Party“ or “Parties“ means the Right Holder and the User, as independent participants (persons) in civil law relations, who have entered into the Agreement with each other.
6) “Agreement” means an agreement between the Parties on use of the Advacheck Software by the User under the terms of the Ordinary (Non-Exclusive) License, which is entered into by the Acceptance of the Offer. The Agreement may be gratuitous or non-gratuitous, depending on the methods of using the Advacheck Software, according to the terms of the Ordinary Non-Exclusive License.
7) “Ordinary Non-Exclusive License” means the limited, non-transferable temporary use by the User of the Advacheck Software, according to the international standard “as is”, in a certain territory specified in Clause 1.3 of the Offer (Agreement), with limitations set forth in the Offer (Agreement). The Right Holder shall provide the User with the following way to use the Advacheck Software: the Commercial Version (provided for a fee, with various and advanced functions, according to the Rate Plan chosen and paid by the User).
8) “Rate Plan“ means a) the scope of actions allowed for the User in the Advacheck Software and restrictions imposed on the User, which determine the structure and scope of the Advacheck Software options for the User; b) the amount of remuneration of the Right Holder, both as set out by the Right Holder. The Rate Plan is expressed in monetary value. Up-to-date information about the existing Rate Plans is available to the User upon his/her registration on the Website: https://users.advacheck.com/tariffs. The Right Holder shall conduct promotions and give discounts for the use of the Advacheck Software.
9) “Login“ and “Password“ means a unique set of symbols independently created by the User when registering on the Website and intended for authorized use of the Advacheck Software and protection of the User’s account.
10) “User Account (Account)” means a User account created by a visitor to the website at the time of his/her registration in the Advacheck Software login account. The Account enables the Right Holder to keep track of each user of the Advacheck Software, control access the process of use of the Advacheck Software. The Account allows the User to use the Advacheck Software by Login and Password. The Account constitutes a certain amount of memory and computing power on the server equipment of the Right Holder, and is not the property (asset) of the User. The Account is an intangible acknowledgement (“token”) certifying the legal relations between the User and the Right Holder as parties to the use and license agreement. The Account shall provide the User with a personal web page, a virtual space for: a) interaction with the Advacheck Software; b) receipt of information from the Right Holder; c) storage of personal login information and reports on the User’s texts verified via the Advacheck Software.
11) “Reference Period“ means a period of time for use of the Advacheck Software, the duration of which is determined either by the Rate Plan paid by the User, including the Rate Plan on special terms (the period during which the User is authorized by the Right Holder to use the Advacheck Software on special terms), or by the terms specified herein. The beginning of each type of the Reference Period shall be the time of granting the use in accordance with Clause 1.7 of the Offer (Agreement). The end of each type of the Reference Period shall be as specified in Clause 1.8 of the Offer (Agreement).
1. Subject Matter
1.1. The Right Holder shall grant the User an ordinary (non-exclusive) license for use of the Advacheck Software, and the User shall use the Advacheck Software in accordance with the terms and conditions set forth in the Offer (Agreement).
1.2. Advacheck Software may be used as follows: a) by obtaining remote access to the Advacheck Software and b) using the Advacheck Software according to its purpose (search for AI-generated content in accordance with the User Documentation). Further uses of the Advacheck Software are only allowed on the basis of a special agreement concluded in writing between the Parties. Other uses of the Advacheck Software are not allowed and may be regarded by the Right Holder as an infringement of its intellectual rights.
1.3. The territory of use of the Advacheck Software shall be all countries of the world, unless otherwise specified in a separate agreement between the Right Holder and the User.
1.4. The Advacheck Software may not be used without registration on the Website, unless otherwise provided for by a separate written agreement between the Parties. If the User does not accept the terms and conditions of the Offer, he/she shall not take any actions to register (authorize) on the Website and shall not take any actions to use the Advacheck Software. The User shall be prohibited from granting use of the Advacheck Software to third parties, including in the methods specified in clause 1.2 of the Offer (Agreement).
1.5. The Right Holder confirms that, at the time of allowing the User to use the Advacheck Software, the exclusive rights of the Right Holder to all components of the Advacheck Software are not pledged, seized or otherwise encumbered and are not the subject of any dispute.
1.6. The User shall pay the Right Holder a fee for the use of the Advacheck Software. The fee amount and payment procedure shall be determined in accordance with the Rate Plan, unless otherwise specified in the Offer (Agreement).
1.7. The Right Holder shall grant the User the use of the Commercial Version since activation (payment) of the Rate Plan chosen by the User during the relevant Reference Period, in accordance with the User Documentation. The use of Advacheck Software on special terms shall be granted to the User upon authorization to use Advacheck Software on special terms in accordance with Clause 2.5 of the Offer (Agreement) for the period equal to the Reference Period for each particular type of special terms.
1.8. Completion of the Reference Period of the use of the Commercial Version shall be determined by each specific Rate Plan (including the Rate Plan on special terms) selected and paid for by the User.
1.9. By registering (authorizing) on the Website, using Advacheck Software, the User acknowledges and represents to the Right Holder that: a) all terms and conditions of the Offer are clear to him/her, the User accepts them without reservations in full and agrees to fulfill them; b) the Offer has the legal force of a simple written contract, signed by the Right Holder and the User as the Parties to the Agreement.
1.10. Since it is technically impossible to use Advacheck Software without registration, the User shall give the Right Holder a consent to process his/her personal data in accordance with the Consent submitted in electronic form on a publicly accessible web page: https://advacheck.com/privacy-policy/
1.11. Provision of the User with a full report of the Advacheck Software, according to the parameters for a check in terms of searching and identifying AI-generated text, which were selected (established) or excluded by a User, is conclusive evidence (confirmation) of the proper execution of the check for searching and identifying AI-generated text.
2. Use of Advacheck Software
2.1. To start using the Advacheck Software, the User shall fill in the registration form (questionnaire) on the Website. Upon completion of registration, the User shall get the Login and Password, details of which may not be disclosed.
2.2. Any actions performed using the User’s Login and Password in the Advacheck Software shall be deemed to be performed by the User himself/herself.
2.3. Registration of the User in the Advacheck Software shall not be regarded as the beginning of the Reference Period.
2.4. After the User’s registration, the User shall pay for the selected Rate Plan in accordance with Clauses 5.1 – 5.4 of the Offer to use the Advacheck Software within the extent of the Commercial Version.
2.5. Granting the User the use of the Commercial Version shall be confirmed by granting the User access to the Advacheck Software in accordance with Clause 1.7 of the Offer.
2.6. Provision of the User with a full report of the Advacheck Software, according to the parameters for a check in terms of searching and identifying AI-generated text, which were selected (established) or excluded by a User, is conclusive evidence (confirmation) of the proper execution of the check for searching and identifying AI-generated text.
2.7. The Right Holder shall assign the User an Inactive Status (hereinafter referred to as the “Inactive Status”) if the User has not performed any of the following actions in his/her Account for twelve (12) consecutive months or more:
2.7.1. checking at least one text file;
2.7.2. uploading/downloading, viewing, transferring text files;
2.7.3. viewing;
2.7.4. logging in the Advacheck Software using the Login and Password.
The Inactive Status shall be effective from the date of its assignment by the Right Holder until the User performs any of the actions specified in Sub-Clauses 2.7.1 – 2.7.4 of the Offer (Agreement), except as otherwise provided for in Sub-clauses 4.3.8 and 4.3.9 of the Offer (Agreement).
2.8. The Right Holder does not verify the information (data) provided (uploaded) by the User for the purposes of this Agreement, and is not liable for the accuracy and reliability of the data, as well as for violations of law by the User, including laws on personal data and intellectual property rights.
2.9. By uploading data to the Advacheck Software, including by uploading texts to be checked, the User expresses his/her full consent to their use by the Right Holder or another person authorized by the Right Holder as provided for in the Offer (Agreement).
2.10. The User acknowledges and accepts that the User will not have access to the relevant report of the Advacheck Software if the User deletes from its account the text previously uploaded by the User for checking, and for which a report of the Advacheck Software was received.
2.11. For technical support, the User may use the contact details listed on the Website and herein.
3. Restrictions of Use of Advacheck Software
3.1. The User shall use the Advacheck Software solely for personal informational, educational, scientific or other purposes associated with meeting of personal intellectual needs, with regard to the functional purpose of the Advacheck Software.
3.2. When using the Advacheck Software, the User shall take into account and shall not to go beyond the following restrictions established by the Right Holder, namely the User shall not:
3.2.1. reproduce the Advacheck Software or its components, including not to write them to the memory of any computer device of the User;
3.2.2. attempt to circumvent the technical restrictions established by the Right Holder;
3.2.3. reverse engineer, decompile or disassemble the Advacheck Software, or its components;
3.2.4. use the components of the Advacheck Software to call applications that do not operate on the Advacheck Software; create copies of the Advacheck Software or its components;
3.2.5. publish the Advacheck Software or its components, giving other persons the opportunity to copy them;
3.2.6. hire out, lease or lend the Advacheck Software or its components;
3.2.7. use the Advacheck Software or its components for the provision of any services;
3.2.8. use the Advacheck Software beyond the term of the Agreement;
3.2.9. seek to gain access to the data of other users (licensees) of the Advacheck Software;
3.2.10. automatically access the Advacheck Software or its components by any means without the prior written permission of the Right Holder;
3.2.11. check the texts using the Advacheck Software, the content of which is prohibited by law (contains threats, calls to commit illegal actions, obscene words and expressions, suicide propaganda, defamation, information about the manufacture or use of illegal substances, weapons or parts thereof, personal data, etc.).
3.3. If the Agreement is terminated, the User shall immediately stop using the Advacheck Software.
4. Rights and Obligations of the Parties
4.1. The User shall be entitled to:
4.1.1. have round-the-clock access to the Advacheck Software and the Website, except as otherwise provided for in the Offer (Agreement);
4.1.2. select (establish) or exclude any parameters for a check in terms of searching and identifying AI-generated text for obtaining a full report;
4.1.3. stop using the Commercial Version by not paying the Rate Plan;
4.1.4. at any time send the Right Holder a request to delete his/her Account and all User data entered by him/her in the Advacheck Software;
4.1.5. delete from his/her account texts in electronic form previously uploaded by the User for checking in the Advacheck Software. In this case, the User understands that when the User deletes from his/her personal account a text that was previously checked in the Advacheck Software to detect and identify AI-generated texts, the corresponding Advacheck Software report on such deleted text will become unavailable to the User, unless the User restores the text deleted by him/her within one day from the time of deletion.
4.2. The User shall:
4.2.1. use the Advacheck Software in accordance with the terms and conditions of the Offer (Agreement), strictly comply with the restrictions of use of the Advacheck Software specified in the Offer (Agreement), as well as in the User Documentation;
4.2.2. if the User decides to use the Commercial Version, pay fees (the Rate Plan) to the Right Holder in accordance with the procedure set forth in the Offer (Agreement). Keep documentary evidence of payment of the Rate Plans for at least three years, calculated from January 1 of the year following the year in which the payment was made;
4.2.3. keep Login and Password confidential: keep them safe and secure, use them only personally, not disclose them to other persons, and be liable for their loss;
4.2.4. immediately notify the Right Holder of any unauthorized use of the Login and/or Password by the User, or of any other security violation of the use of the Advacheck Software;
4.2.5. carefully handle the personal data provided for the use of the Advacheck Software in accordance with the applicable data protection laws;
4.2.6. review the current version of the Offer (Agreement) from time to time, accept its terms or immediately refuse to use the Advacheck Software in case of disagreement therewith;
4.2.7. not later than three business days from the date of sending the request to the User, provide the Right Holder with information on the User’s compliance with the terms and conditions of the Offer (Agreement) and/or the information necessary to fulfill the terms and conditions of the Offer (Agreement).
4.3. The Right Holder shall be entitled to:
4.3.1. receive information from the User about his/her compliance with the terms and conditions of the Offer (Agreement) and/or information necessary to fulfill the terms and conditions of the Offer (Agreement);
4.3.2. get paid in accordance with the terms and conditions of the Offer (Agreement), provide discounts and hold promotions to reduce the cost of the Rate Plan;
4.3.3. without prior notice to the User, upgrade (improve) the Advacheck Software without changing its purpose and providing it for use according to the international standard “as is”, as well as make technical updates and improvements;
4.3.4. unilaterally terminate the use of the Advacheck Software in cases of violation by the User of the laws of the Republic of Estonia and/or the terms and conditions of the Offer (Agreement), as well as refuse to handle the requests from any web sites, programs, and users who violate the terms and conditions of the Offer (Agreement);
4.3.5. carry out preventive maintenance of its equipment, Advacheck Software, wherefore temporarily suspend the use of the Advacheck Software;
4.3.6. delete the User’s data upon receipt of a request from him/her to do so;
4.3.7. without prior notice to the User, delete all User’s data and reports, retaining his/her Account if a) the User fails to use the Advacheck Software for twelve (12) consecutive months or more (Clauses 2.8 and 4.4.3 of the Offer); or b) the User violates the terms and conditions of the Offer (Agreement);
4.3.8. use information about the User (including IP address, browser version, operating system version, etc.), as well as statistical information (data) about the texts uploaded by the User to the Advacheck Software, in order to compile statistical data on the use of the Advacheck Software, as well as publish and/or transfer such statistical data to third parties, other than the User’s personal data and the text files uploaded by the User;
4.3.9. impose restrictions on the use of the Advacheck Software, including in relation to:
· certain functions of the Advacheck Software;
· the period of storage of the data entered by the User;
· the maximum number of registered accounts from one IP address;
· the maximum number of texts uploaded for checking, their edits and transfers, texts sent for checking;
· checks of texts and other actions that can be performed by one registered user;
· the maximum size of a text file uploaded for checking;
· the maximum number of requests to the Advacheck Software for any period of time;
· special parameters of text files uploaded for checking, etc.
The Right Holder may prohibit automatic access to the Advacheck Software, as well as stop receiving any information generated automatically (e.g., user accounts, texts);
4.3.10. use the data uploaded by the User to the Advacheck Software, including text files, for the purposes of testing the Advacheck Software with technical modification or elimination of operation errors, including by another person engaged by the Right Holder to perform these actions;
4.3.11. at its own discretion and without prior notice to the User, improve the features and search modules of the Advacheck Software within the existing Rate Plans, and set the features and search modules of the Advacheck Software within the new Rate Plans;
4.3.12. not refund the money to the User for any completed check for searching and identifying AI-generated text, provided that the User has obtained the full report of Advacheck Software in accordance with the parameters for a check in terms of searching and identifying AI-generated text, which were selected (established) or excluded by the User.
4.4. The Right Holder shall:
4.4.1. allow the User to use the Advacheck Software around the clock, except as otherwise provided for in the Offer (Agreement);
4.4.2. keep the User’s personal data confidential, taking into account the requirements of the applicable laws of the Republic of Estonia;
4.4.3. ensure that the data entered by the User in the Advacheck Software (including texts uploaded by the User in the User’s Account for checking) is kept secure for six (6) months following the Inactive Status of the User, except as otherwise provided for in the Offer (Agreement);
4.4.4. promptly fix bugs in the Advacheck Software caused by the Right Holder;
4.4.5. routinely perform preventive maintenance of the Advacheck Software, if possible, at night or on weekends;
4.4.6. backup the User’s data and information at reasonable intervals;
4.4.7. index the electronic materials uploaded for checking by the User to create an array (collection) for a search index for further searches.
5. Fees. Settlement Procedure
5.1. If the User chooses to use the Commercial Version, the User shall pay a fee to the Right Holder, according to the Rate Plan selected by the User, as an advance payment (100% of the amount of the Rate Plan selected by the User).
5.2. When paying for the use, Advacheck Software shall automatically inform the User via the user interface (https://users.advacheck.com/payment) about the total amount of fee, which depends on the number of text checks selected by the User.
5.3. See the Website for methods of payment (remuneration): https://advacheck.com/prices. Payments may be made using the services provided by Stripe https://stripe.com .
5.4. The User’s payment obligation shall be deemed to have been fulfilled on the date the relevant funds are credited to the settlement account of the Right Holder.
5.5. If the User terminates the Agreement early (the User stops using the text checks for the detection and identification of AI-generated texts he/she has paid for), the Right Holder shall, upon the User’s written application, refund the funds paid by the User, less: a) the full cost of the text checks made by the User, calculated at the price of one text check (without discounts) as specified on the Website https://advacheck.com/prices on the date of purchase of text checks at the Rate Plan selected by the User and b) the amount of the User’s payment service or bank fees charged for the refund of the remaining funds to the User.
5.6. The Right of Use of the Commercial Version shall be activated automatically upon receipt of the fee to the bank account of the Right Holder. The Reference Period begins upon the Rate Plan activation. The number of text checks is written off one by one (from old to new).
5.7. When making a payment, the User shall, at his/her own expense, pay all fees (or other mandatory payments) charged by the banking institutions or payment systems.
5.8. In the event of a change in the Rate Plan by the Right Holder (with mandatory publication on the Website), the Right Holder shall not recalculate the fees for the periods of the Right of Use (Reference Periods) already paid by the User.
6. Liability of the Parties
6.1. The Parties shall be liable for non-performance or improper performance of their obligations hereunder in accordance with the laws of the Republic of Estonia.
6.2. The User shall use the Advacheck Software in accordance with the application purpose of the Advacheck Software, in accordance with the generally accepted international standard “as is”, without any warranties of the Right Holder as to the fitness of the Advacheck Software for any purpose of the User or joint use with any computer software/hardware. The Right Holder shall not be liable for any damages (losses) directly or indirectly related to the use, misuse or inability to use the Advacheck Software by the User, nor shall it be liable for any loss or damage to the data.
6.3. The proven liability of the Right Holder shall be limited to the amount of the last payment made by the User.
6.4. The Right holder shall not be liable:
6.4.1. for operation of the Advacheck Software and the damages (losses) incurred if the User (or third parties on the User’s part) independently made changes to the Advacheck Software or for any failures caused by the incompatibility of the Advacheck Software with the User’s computer equipment or computer software;
6.4.2. for any actions of the User related to the use by him/her of the Advacheck Software and files created by him/her during the use of the Advacheck Software;
6.4.3. for restriction or lack of access to the Advacheck Software, when it is caused by: a) actions of the User; b) technical issues of the User’s access to the Internet; c) actions of third parties, including state bodies; d) preventive maintenance of the Advacheck Software;
6.4.4. for the content or performance of the Internet resource(s) which the Advacheck Software will provide the User with online link(s) to as a loan source;
6.4.5. for viruses on the Internet resources to which Advacheck Software will provide a link and/or for any damage to the User’s software and/or equipment and/or other consequences as a result of the User’s following these online links;
6.4.6. for the content of the texts checked by the User using the Advacheck Software;
6.4.7. for the selection (establishment) or exclusion by the User of the parameters for a check in terms of searching and identifying AI-generated text in order to obtain a full report of Advacheck Software;
6.4.8. for the User’s failure to read this document (Offer), other documents pertaining to Advacheck Software available to the User at the Website, or for non-literal understanding of the Offer (Agreement) by the User;
6.4.9. for deletion by the User of texts from the User’s account. Deleted texts shall not be restored, unless the User restores the text he/she deleted within one day from the time of deletion.
6.5. The use of the Advacheck Software by the User in a manner not stipulated herein, or after the termination of the Agreement, or otherwise beyond the scope of the rights granted hereunder, shall entail liability prescribed by the laws of the Republic of Estonia, as well as entitle the Right Holder to a unilateral out-of-court termination of the Agreement and termination of the use of the Advacheck Software by the User.
6.6. The Right Holder cannot guarantee that the online resource referred to by Advacheck Software is the primary source of the information.
7. Confidentiality
7.1. Either party (“Receiving Party”) agrees to hold all information provided by the other party (“Disclosing Party”), in either written or any electronic format, including, but not limited to, specifications, reports, requests for quotation or proposals, customer information or the like if such information is:
· designated in writing to be confidential or proprietary, or
· if given orally, is confirmed in writing as having been disclosed as confidential or proprietary within a reasonable time (not to exceed thirty (30) days) after the oral disclosure, or
· which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary (such information, “Confidential Information”), in the strictest confidence.
7.2. No dissemination of any Confidential Information is permitted without the explicit consent of the Disclosing Party. The Receiving Party shall (i) disclose the Disclosing Party’s Confidential Information only to the Receiving Party’s employees and contractors whose duties justify their need to know such information and who have been clearly informed of their obligation to maintain the confidential and proprietary status of such Confidential Information; and (ii) use such Confidential Information only for the purposes set forth in the Agreement. The Receiving Party will use at least the same degree of care to prevent the disclosure or unauthorized use of Confidential Information as it uses with respect to its own highly valuable confidential and proprietary information, and in no event less than a reasonable degree of care that a reasonable person would use under similar circumstances. Notwithstanding the above, the obligations under this Section 7 relating to Confidential Information shall not apply to information which:
· is known to the Receiving Party at the time of disclosure as evidenced by written contemporaneous records;
· has become publicly known and made generally available through no wrongful act of the, or the receiving Party;
· has been rightfully received by the Receiving Party from a third party authorized to make such disclosure.
Except for the confidentiality obligations under this Section 7, User shall be solely responsible for any content and other material that User submits, publishes, transmits, or displays on, through, or with the Website or Advacheck Software.
8. Intellectual property
8.1. The Right Holder reserves all rights, title and interest in and to the Advacheck Software and the Website and all related software and technology, as well as all improvements and modifications to and derivative works of any of the foregoing, together with all related intellectual property rights.
8.2. No rights are granted to the User hereunder, whether by implied license, operation of law or otherwise, other than the ordinary (non-exclusive) license expressly set forth above. Without limiting the foregoing, Right Holder (and/or its affiliates, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest in and to any and all suggestions, improvements, derivative works, enhancement requests and/or modifications of/to any of the foregoing, regardless of inventorship or authorship, including, without limitation, all feedback provided by you to Right Holder regarding the Advacheck Software or the Website.
9. Final Provisions
9.1. Deleting the User Account automatically and indisputably terminates the legal relations between the Parties.
9.2. The Right Holder shall be entitled to amend the Offer unilaterally. The actual use of Advacheck Software by the User after the amendments hereto shall mean the User’s consent to the new terms and conditions as the terms and conditions of the Agreement. If the User does not agree with the amendments made, he/she must immediately stop using the Advacheck Software, notify the Right Holder thereof and unilaterally terminate the Agreement.
9.3. The User shall specify his/her contact information when filling out the registration form, in the Account, or otherwise as agreed by the Parties. The User shall bear all the risks arising out of the submission of inaccurate (invalid) contact information.
9.4. All disputes between the Parties that have not been settled may be referred to the court at the location of the Right Holder (Tallinn, Estonia).
9.5. Before referring a dispute to the court, the Parties shall employ mandatory pre-action protocols. The Party filing the claim shall provide the other Party with an accurate and detailed description as well as documentary evidence of the claims being filed, calculations of the reimbursement seeked, etc.
9.6. The Party against which a written claim is filed shall review it and send a written motivated response thereto to the other Party within fifteen (15) business days from the date of receipt of the written claim. The Right Holder may suspend performance of its obligations under the Agreement if it receives a claim against the Right Holder, or if a claim is submitted to the Licensee.
9.7. The Parties shall observe and perform the terms and conditions of the Agreement during the dispute resolution period, save for that portion thereof to which the disputes in question relate. Without complying with the pre-action protocols set forth herein, the Parties may not refer a dispute or disagreement to a court of law.
9.8. The Parties shall take every reasonable effort to resolve the dispute promptly and acknowledge their consent to the delivery of all notices, letters, and other documents by e-mail, the Internet, or fax, including the delivery of copies of the Statement of Claim and the documents attached thereto to the Respondent’s representative with a record of the method of dispatch.
9.9. If one or a few terms of the Offer (Agreement) become (are held) invalid as envisaged by the laws, this shall not affect the validity of other Offer (Agreement) terms or of the Offer (Agreement) in general.
9.10. The obligations of the Right Holder shall be terminated as impossible to fulfill, if at least one of the following events directly affecting the Right Holder occurs, for which the Right Holder is not liable: force majeure; disruptions related to the Internet connection; power outage in the server facility; destruction of the Right Holder’s property due to a natural disaster, fire, military actions, act of terrorism, civil unrest, etc.; interference (including illegal) of a government authority blocking the activities of the Right Holder; failure of the Right Holder’s data center; radical changes in the legislation (political regime); emergency situation in the Republic of Estonia or the introduction of martial law, mobilization; blocking the banking (payment) system or the Right Holder’s accounts; acts of God, epidemics (pandemics); other events rendering it impossible to perform the Agreement in accordance with law of the Republic of Estonia.
9.11. Nothing herein contained shall be construed as creating or purporting to create any agency, employment, partnership, joint venture, personal employment, or similar relationship between the Parties.
9.12. The Offer (Agreement) shall be construed in accordance with the laws of the Republic of Estonia in effect on the date of approval of this version of the Offer (Agreement) by the director of the Right Holder.
9.13. Company details of the Right Holder: a private limited company duly incorporated under the laws of the Republic of Estonia bearing registration number 16547597, with its registered address at Vesivärava tn 50-201, 10152 Tallinn, Estonia https://advacheck.com/ ; info@advacheck.com , sales@advacheck.com.