This document describes the general terms and conditions for the use of the Ebriza platform ("Terms and Conditions” or the “Contract” and, respectively, “Platform” or the “Ebriza Platform”) available via the www.ebriza.com website (the "Web page"). For any concerns about the content and/or effects of these terms and conditions, you can write to us at office@ebriza.com. What is the Ebriza Platform? The Ebriza Platform is a software-as-a-service program, dedicated to natural or legal persons from various industries such as HoReCa (hotels, restaurants and cafes), retail and services, or from other industries related or not to these industries (for each such business, the person concerned shall be referred to as the “Customer”), whereby the latter can manage various aspects of their activity, such as: products and stocks relating to each product and/or service marketed; activity related to each working point and/or place where the Customer or Natural or Legal persons with relevant access rights given by the Customer (“Designated Persons”) are operating; to avoid any doubt, each working point and/or place registered on the Ebriza Platform can be operated by any Customer and/or a Designated Person by them, based on a contractual relationship between each parties; The Customer’s/Designated Person’s employees and/or collaborators dealing with different operational aspects of the Customer's activity; automating certain processes related to Customer’s activity, based on embedded software and/or developed by the Company or Developers (as these terms are defined below). The Company can also help the Customer set up some or all of the above-mentioned aspects for themselves and/or for the Designated Persons within the Ebriza platform, through consultancy dedicated to them. The above, made available by the Company, will be referred to as the “Services”. Who runs the Platform? The platform is exclusively owned and operated by the EBRIZA SOFTWARE SRL, a company registered in Romania, headquartered in Ion Negoitescu Street, Nr 9D, Cluj Napoca, Cluj county, registered with the Trade Registry under number J12/2344/09.05.2017, Fiscal code RO34933438 (the "Company"). These terms and conditions are the agreement on the use of the Ebriza Platform, in relation to which: Services are offered by the Company; software developed by the Company or by natural or legal persons who accept the terms and conditions of use of the Platform are made available (“Application” and “Developer" respectively). Applications will be available to any natural or legal person who uses them for purposes related to their commercial, industrial or production activity, craftmanship or liberal (the "End Customer"); The Company enables the Developer to develop Applications within the Ebriza Platform, which will be embedded as such and will be available to the End Customer; Suppliers of hardware equipment and related services ("Hardware Provider"), who wish to provide the End Customer with their products within the Ebriza platform, will be able to do so under these terms and conditions. For avoidance of any doubt, any reference in these Terms and conditions to any obligation or right applicable to the client ("Customer") refer to the End Customer, the Developer and the Hardware Supplier alike, to the extent it is not otherwise specified. The Ebriza Platform is installed on its dedicated servers, owned by independent partners specializing in the provision of server hosting services, hereinafter referred to as the "Partner". The Customer may only use the Ebriza Platform if it accepts these Terms and Conditions beforehand. For the avoidance of any doubt, by accessing or using the Ebriza Platform, the Customer agrees with these Terms and Conditions. Services within the Ebriza Platform available through the Web Page are provided conditional upon acceptance by the Client of the provisions stipulated below and the terms and conditions of the Service/Application, as the case may be. Accessing the Ebriza Platform, as an End Customer, is conditional on the existence of a user account, which can be created by following the steps described in section 5 below. Accessing the Web page is free and can be made by any natural person with an Internet connection and a device with Internet access capabilities. Description of the Ebriza Platform These Terms and Conditions are displayed on the Web page and in the Customer's personal account. They shall regulate the trade relationship between the Company and the Customer on the supply by the Company to the Customer of the Services through the Ebriza Platform. In the case in which the Customer has given access to the Ebriza Platform and/or to another Application to a Designated Person, the latter will be able to use the Ebriza Platform and/or the Application in conformity with the provisions of the contractual relationship established between the Designated Person and the Customer. For the avoidance of doubt, any reference in the present Terms and Conditions to the Customer, as well as any obligation imposed on it, are also due by any User created by the Client and viceversa. Under these Terms and Conditions, “User" refers to the natural or legal person who collaborates with the or is employed by the Customer or by the Designated Person and on which one of these two parties exercises authority with regard to accessing the Ebriza Platform. The Ebriza Platform, the entire system underlying it, as well as each of the hardware and software components of this system and all the intellectual property rights, present and/or future over the Ebriza platform and the system belong entirely to the Company. The content on the Ebriza Platform is presented in good faith. The Customer acknowledges and accepts that the Company acts only as a rebroadcaster of the service for making storage servers available, these belonging to an independent partner specializing in this kind of services, thus the Company cannot be held responsible for their security. The Company will grant the Customer a limited, free, for its own use, non-exclusive and non-transferable to use the Ebriza Platform for themselves and/or for the Designated Persons, as the case may be, for an indefinite period, whether or not it acquires applications from the Ebriza Platform. All Users belonging to a Hardware Provider have the right to use the free Ebriza Service or Applications purchased from the Platform, as long as they pay the latter's value to the Company and do not violate these Terms and Conditions. To avoid any doubt, a Developer account does not allow multiple Users to be connected to it. A Customer can define one or more Users who can access the Ebriza platform, but is directly responsible for them, the provisions of art. 5.3. being applicable. The Ebriza Platform can be accessed and used both within Romania and beyond. Reasonable use policy By accessing the Ebriza Platform, the Customer declares that they agree to use the Services and Applications made available to them only in accordance with these Terms and Conditions and in consideration of their professional activity (in order to avoid any doubt, the reasonable obligation of use applies to all Users created by the Customer, directly or through the Designated Person, and regardless of the working point and/or place where the Ebriza Platform is used. If the Company considers that the Ebriza Platform is accessed and used in a manner different from that described in article 4.1 above, or that such use may cause direct or indirect damage either to the Company or to the Ebriza Platform, the Company reserves the right, at its sole discretion, without the need to present any other explanation and/or prior notice, to limit/restrict/suspend/pause/cease (as appropriate) the right of access of the Client to the Ebriza Platform or to enforce it certain conditions of access/use (or limitations thereof, as appropriate), limitations that can also affect the Designated Persons. In this case, the Client is exclusively responsible to communicate the emergence of these limitations to the Designated Persons and to support the consequences of these limitations. However, the Company will be able to notify the Customer in advance (using the communication channels available on the Customer's account created within the Ebriza Platform and/or by e-mail) and give them a maximum of 24 (twenty-four) hours to cease any way of unreasonable access/use of the Ebriza Platform before taking any restriction/limitation measure. Access limitation measures may include, by way of example: limiting the space required to store and save information and data (including backup) of the Customer (for each User thereof ); limiting the number of transactions/transactions per month; limiting the number of calls made to the API (Application programming Interface); limiting the number of successful phone contacts of the Company by a Customer within 5 minutes; limit the number of pages visited within 5 minutes; limiting the number of referrals (support tickets) made within 1 month; limiting the number of products displayed in the Ebriza Platform, limiting the number of customers that can be managed through the Ebriza Platform or the number of Users who can manage the Ebriza Platform on behalf of a Customer. , regardless if they were configured by the Client directly or through a Designated Person. The Company may also decide to extend functionality of Applications or equipment available in the Ebriza Platform, even in the absence of express request from a Customer, including without limitation: extending the number of transactions /monthly operations carried out through an Application. Creating an account and informing the Client Access to the Ebriza Platform is carried out exclusively on the basis of an individual username, unique to each Customer, and a password. For the avoidance of any doubt, a Customer cannot manage more than one of their business/trade funds (for example, two restaurants or two cafes) through the same user account, with the exception in which they have the necessary rights given by the Company. To access the Ebriza Platform, the Customer must take the steps described below: The Customer will fill in the required data on the registration form displayed at the time of accessing the ‘Try for free’ button, located on the homepage of the Web page. By completing the registration form, the User who creates the Customer's account guarantees that they have the necessary authorization and/or approvals from the Customer to create this account. When filling in the registration form, the customer must provide real information. The Company is not responsible for any effect, including in relation to the experience of using the Platform, produced on the Customer and/or its employees, collaborators or customers, in so far as the information provided by the Customer are not real. The Customer will choose both a user name and a password, as well as a unique identifier of the Customer. The unique identifier is not allowed to contain spaces. The unique identifier is different from the name of the legal person under which the Customer operates and can be any grouping of characters. If it discovers that Customer-filled information about its business, a working point or a place in which they operate their activity directly or through a Designated Person and/or on one or more Users is not real, the Company reserves the right to limit the Customer's access to their account or even delete that account, upon its choice, without any prior notice and without the possibility of the Customer to claim compensation. Where it is found that, erroneously, the Company has limited access to/deactivated the Customer's account under art. 5.2.4, above, the Company will proceed to lift the limitation on access / re-activate the Customer's account, based on the information and/or documents submitted by the Customer attesting to its legitimate request to have its account reactivated. Account reactivation does not bring additional costs to the Customer, except for the cost of using the Ebriza Platform already existing at the time the account has been disabled, related to the current tariff cycle, which will continue to apply. To the extent that, within 120 (one hundred and twenty) calendar days from the limitation of access/deactivation of the Customer's account by the Company, the Customer concerned does not contact the Company to request the waiver of access limitation / reactivation of the account, the Company will delete the Customer's account, in compliance with the provisions on personal data associated with the Customer's account, contained in the personal data processing policy of the Company and other documents and procedures of the Company in this matter. In order to avoid any doubt, the Company shall retain the right to use, non-exclusively and without limitation, from the time when a Customer's account is created, free of charge, any information included or in connection with a Customer's account, which does not represent personal data thereof and/or introduced by the Customer, including without limitation data related to sales made by that Customer through the Ebriza Platform or stocks of the products marketed by the Customer in his work. When pressing the ‘Try for free’ button, the Customer will be presented with these Terms and Conditions, whose content and effect they will have to confirm to have understood. For the avoidance of any doubt, these Terms and Conditions are applicable to the use of the Platform as a whole, not only to the account creation operation. Depending on the Customer's option, they will have access to an End Customer account, a Developer account or a Hardware Provider account, as appropriate: End Customer account: After creating the account, the End Customer benefits from the possibility to access the free Ebriza Service described at Section 9 below for an indefinite period of time, whether or not they purchase Applications from the Platform. The End Customer is able to install Applications for a fee under the conditions described in Section 6 below, for which they will owe the cost, in accordance with Section 7 below. Developer Account: After creating the account, the Developer has the possibility to develop and upload in the Ebriza Platform, one or more applications under the conditions set out in Section 10 of these Terms and Conditions. Hardware Provider Account: After creating your Account, your Hardware Provider has the opportunity to offer for sale in the Platform, Hardware Equipment and related services under the conditions set out in Section 10 of these Terms and Conditions. From the End Customer account, the Client can configure the working points within the Ebriza Platform, each working point corresponding to a User account and being operated, as usual, by a Designated Person. The Working Points can either be configured with the Client’s login credentials or the Designated Person’s credentials, who in consequence, acquires the quality of a User. For the configuration of a Designated Person, the Customer will provide the identification data of the juridical person who uses the Ebriza Platform under this quality. Each Designated Person will access the Ebriza Platform using the authentication credentials of the End Customer account, as created according to art. 5.2.3. The Customer is responsible for ensuring that, for each of their Users that can access the Ebriza platform, their account ID and password are protected, and every natural person who owns this data related to a User account is an employee/collaborator of the Customer who has been aware of and understands the effects of these Terms and Conditions and whose activity the Company is exclusively liable for. The Customer controls and is directly responsible for anyone who can access their Customer account, such access being presumed to be made on behalf of the Customer. As such, any action taken in the Platform by means of a User associated with a Customer account shall be presumed to be carried out by the Customer and/or with the consent of the Customer to whom that Customer account belongs and/or to whom that User account is associated with. These terms and conditions are accessible to each User in the account of the Customer to whom the former belongs to and on each page of the Web Page and together represent the contract concluded between the Company and the Client, collectively the “Parties” The Customer declares that he has the capacity required by law to conclude a Contract, the provisions of art. 5.2.4. being applicable. These Terms and Conditions shall have the legal force of a contract concluded between the Parties in accordance with the provisions of article 9 of Law no. 365/2002 on electronic commerce and/or art. 1186 of the Civil Code, as well as with any other regulation applicable in the matter. Each Designated Person associated with a Client will act in relation with the Company as a representative of the Client and is obliged to respect the Terms and Conditions accordingly. In this sense, the Customer is exclusively responsible to communicate the stipulations of these Terms and Conditions to each Designated Person and to ensure that they are respecting them. Support The company provides online customer support (FAQ, video tutorials, explanations published on the Web page) as well as a chat icon available on every page of the Ebriza Platform. All means of online support are offered by the company to the Customer free of charge, as follows: Online Support. The Customer can access the online support in the separate menu section created by the Company for this purpose, as well as through links on various pages made available by the Company through the Ebriza platform, filled with explanations by the Company. Customer Feedback. Customers can access Customer Feedback by using any Web page of the Ebriza Platform by filling in a text box, where it can describe the problem or suggestion. The Company recommends using screenshots to be able to identify the Customer’s problem as easily as possible. The provisions of art. 6.1.1. and art. 6.1.2. are not applicable to Applications developed by Developers or Hardware Equipment sold by Hardware Providers, in which case the provisions of article 10.3. below are applicable. If the Client's request for support requires the remedy of a technical problem related to the operation of the Ebriza Platform from the perspective of the Client's User Account, the Company will be able to access the Client's User Account in order to identify the problem and solve it. The access of the User Account by the Company for the purpose of providing technical support will be done in "read-only" mode, the Company not being able to make changes to the configuration of the User Account. The User will not request changes to the Ebriza Platform through support provided. The duration of the access to the User Account by the Company will be limited to the period necessary to remedy the problem, and subsequently the Company will be able to access the User Account only based on another request for support from a Customer. Contract duration The duration of this Contract is between the moment the Customer creates an account to access the Ebriza Platform and the moment this account is closed regardless of the reason or the individual closing the account. The Contract will maintain its validity even if the account is suspended, it is not used by the Customer (with the exception of pt. 7.3.) or has been reactivated. If the Customer has not used the account for more than a year, the Company reserves the right to close the account, delete the customer's data and automatically terminate the contract without having to notify the Customer in advance. In order to eliminate any doubt, the Client no longer uses the Ebriza account when he has not sold anything through Ebriza Platform / created any order / issued any fiscal receipt in his account in the 12 months. The date of conclusion/entry into force of the Contract shall be the date on which the Customer receives from the Company, through a confirmation email, information that the Customer account has been created and they have access to the Ebriza Platform, regardless of whether or not the Customer is aware of this communication having taken place. For the End Customer account, the free Ebriza Service will be activated within a maximum of 24 (twenty-four) hours from the moment of the creation of the account is confirmed by the company under art. 7.3. Above ("Activation date"), the End Customer being informed of this aspect by the Company. If the free Ebriza Service cannot be activated within the time limit referred to in article 7.4. above for technical reasons, it will inform the end customer of this issue, and the Company will not be held accountable for failure to comply with this term. As such, irrespective of the total duration between the time of confirmation according to art. 7.3. above and activating the free Ebriza service, the Customer understands that he has no right to claim damages for this reason. Processing of personal data provided by the Client The Company processes the Customer's personal data and the traffic data in good faith, ensuring compliance with its right to the protection of privacy, under appropriate technical and organizational conditions, the processing complying with the legislation in force, in accordance with the provisions of the personal data processing policy. The Company will never ask the Customer to provide personal data on individuals regardless of their relationship with the Customer, except to the extent that the requested personal data is necessary for these individuals, as Users associated with that Customer, to use the platform. The personal data of the Customer and/or its Users or its legal representatives, if such data are provided by the Customer, and the traffic and location data will be processed by the Company in accordance with the provisions of Law no. 506/2004 and EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, to be used in accordance with the processing policy of the Company on personal data within the platform, available here: https://ebriza.com/TermsAndConditions/DataProcessingAgreement The Customer undertakes to operate within the Ebriza Platform any modification of its identification data and contact details or data assigned to a working point operated by the Client and/or by the Designated Person within ten (10) calendar days of the date the change is performed. Changes not operated according to this article shall not be invoked against the Company, any notification/information made according to the contact details previously indicated by the Customer being considered valid. The Customer is responsible for maintaining the confidentiality of the User accounts and related passwords and will immediately report any unauthorized use thereof. In order to avoid any doubt, accessing the User Account by the Company in order to provide support, according to art. 6.2. will not be considered an unauthorized use of the User Account. The free Ebriza Service The free Ebriza service is only available in the End Customer's account and is automatically activated after the account is created, the provisions of art. 7.4. and art. 7.5. being applicable. The free Ebriza service contains all the free functions that are made available to the End Customer by the Company, as presented in the User account menu of the End Customer, separated from Applications and which will be marked as part of the free Ebriza service. Applications and Hardware Equipment General aspects Ebriza Marketplace is the section within the Platform, intended exclusively for End Customers, through which the End Customer can purchase Hardware Equipment and Applications offered by the Company, Developers or Hardware Providers, dedicated to the End Customer's business and that can be used by the End Customer directly or through the Designated Persons. The End Customer has the possibility to use Applications from Ebriza Marketplace for a trial period of 15 days free of charge, depending on the period set for each Application in part by the Company or the Developer of the Application, without providing a trial period to constitute an obligation to be offered, for the Developer or the Company, even if this trial period does not exist. At the time of installation of an Application, the End Customer shall be informed of the existence of the trial period, as the case may be, and the identification data of the bank card with which the End Customer wishes to make the appropriate payment according to Section 11 below. After expiry of the Application’s trial period, the bank card account entered by the End Customer will be debited automatically and the End Customer will be able to use the Application. In turn, after creating their respective account, Developers can upload applications within the Ebriza Marketplace, which will be offered to the End Customer to be purchased by it, in so far as they are previously validated for display by the Company. Developers may develop Applications only in compliance with the conditions laid down in article 10.3. below. Ebriza Applications Some of the Applications are developed directly by the Company. Applications developed by the Company are made available to the End Customer in the Ebriza Marketplace for a fee according to Section 11. below and are marked as Ebriza Applications, to be easily identified by the End Customer. Such an application is the Shop app (identifier = com.ebrizadev.shop). This app offers the End Customer an online shop (e-commerce) where any person or company can buy online from the End Customer. This online shop is created and hosted automatically by Ebriza on the Ebriza servers. The content of this shop (products, images, prices or any other digital content) are the property of the End Customer and are operated by the End Customer through the Ebriza porta. The End Customer has the option to close a contract with a payment provider to accept online payments. Ebriza will use the payment provider APIs to make these payments using the credential that the End Customer received from the payment provider. Ebriza is not responsible for any prejudice the End Customer can create for an online customer that buys from the End Customer online shop. Ebriza is also not responsible for the administration and configuration of the online shop and can not be taken responsible for any prejudice, of any type, regarding the online shop by the End Customer. Developer Applications Aplicaţiile Dezvoltatorilor sunt dezvoltate direct de către Dezvoltatori şi încărcate în Ebriza Marketplace. Developer Applications are developed directly by Developers and uploaded to the Ebriza Marketplace. Developers can develop Applications that are available in the Ebriza Marketplace, only in compliance with the following cumulative conditions: Developers are required not to develop Applications that do not have an obvious connection with the Company's field of activity and the main services made available through the Ebriza Platform (business management services, product management and stocks, management of outlets, reports and other similar services available to the End Customer); The Company is entitled to refuse to integrate an Application into the Platform and display it in the Ebriza Marketplace and/or suspend/delete the Developer account within the Platform, the company being the only entity that can decide to display the Application in Ebriza Marketplace. As a good practice, we recommend that Developers contact us before starting any development of an Application they want displayed in the Ebriza Marketplace. The Developer’s Applications are and will remain the property of the Developer, and they will never pass in the ownership of the company as a result of the conclusion of this Contract. The Developer guarantees that he has all rights, including without limitation intellectual property rights, on Applications uploaded by them in the Ebriza Platform and displayed in Ebriza Marketplace and that they will defend the Company from any claim of a third party according to which the Application or part of it is displayed in the Ebriza Marketplace without the consent of that third party. If the Company is contacted by a third party in accordance with the provisions of art. 10.3.3.4. above, the Company may temporarily suspend the Application's availability within the Ebriza Marketplace, in which case it will communicate this to its Developer, asking for written evidence of the type required by the legislation in force, which certify that the third party's claims have been addressed in order to cancel the suspension of the Application's availability within the Ebriza marketplace. The Developer's Applications will be sold through the Company, which will communicate the invoice to the End Customer and will charge the amount mentioned on the invoice. However, the Company only acts as an intermediary with regard to issuing the invoice and cashing it, as well as on setting the sale price of the Application, having no quality or connection with the actual sale of the Developer's Application, the latter being solely responsible for the operation of that Application and the granting of guarantees, the provisions of art. 16.6 and art. 16.7. being applicable. The Company will have full freedom to determine to what extent an Application may or may not be displayed in the Ebriza Marketplace, and the procedure to be followed for displaying an Application in the Ebriza Marketplace, described in this section 10.3, may be amended at any time by Ebriza. Hardware Equipment The Hardware Provider makes available to the End Customer through Ebriza Marketplace, equipment for the endowment of the working points and places of business of the End Customer, namely: cash registers, tax printers, ordering printers, consumables, tablets, monitors, barcode readers, peripherals and specific accessories, as well as services related to such equipment, specifically specialized services for taxation of cash registers and tax printers, equipment installation services and equipment maintenance. Both equipment and services are offered directly to the End Customer by the Hardware Provider. The Hardware Provider warrants to the Company that it has all the necessary authorizations to market the Hardware Equipment displayed in the Ebriza Marketplace and to provide the services related to such equipment and assume exclusively all liability to this effect. Hardware Equipment is listed for example purposes in article 10.3.4.1. above, any Hardware Provider having no right to market a different type of products or services than those described above, except with the prior written approval of the Company. Failure to comply with the obligation described in article 10.3.5.4. above by the Hardware Provider, gives the Company the right to either delete from the Ebriza Marketplace the equipment that is not included in the list contained in article 10.3.5.1. above and/or temporarily block the Hardware Provider's access to its account or delete the Hardware Provider's account without any prior notice and without the possibility for the Hardware Provider to request compensation. Hardware Equipment displayed in the Ebriza Marketplace is the property of the Hardware Provider or another collaborator with whom the Hardware Provider has contracted to this effect, and ownership over these will not pass to the Company as a result of the conclusion of this Contract. All Hardware Equipment will be sold directly by the Hardware Provider that will communicate the invoice to the End Customer, the Company having no quality and no connection with this sale, the Hardware Provider being responsible for providing the End Customer with all warranties related to its quality as a seller of said equipment, based on the sale-purchase relationship established with the End Customer. Special provisions regarding the Ebriza POS Application The Ebriza POS application is the software application, over which the Company is the exclusive owner of rights, which Customers can use, among other things, to accept payments by their end customers and issue tax documents related to payments, accessible to be downloaded on mobile devices via the Apple App Store and Google Play. The use of the Ebriza POS Application can be done using the access data in the User Account created according to section 5, according to the use licenses associated with the User Account as follows: The free Ebriza service (mentioned in section 9 above) includes 1 (one) license to use the Ebriza POS Application. The license allows the installation of the Ebriza POS Application on a single compatible device regardless of the application store from where it is downloaded and which is in the possession of the Customer. If the Customer opts for the Ebriza services that are offered for a fee, according to section 11, the Customer Account of that Customer is associated with 2 (two) licenses to use the Ebriza POS Application for each location configured by the Customer. For example, a Client who has configured 3 work points according to sub-sections 5.3 and 5.4. above, will benefit from 2 licenses to use the Ebriza POS Application for each work point, having a total of 6 licenses to use the Ebriza POS Application. Customers have the possibility to configure from the User Account, the devices they want to use the Ebriza POS Application, respecting the number of licenses associated with the User Account. Customers have the opportunity to purchase additional licenses to use the Ebriza POS Application within the Ebriza Marketplace by accessing the "POS Devices" application, present in the "Pos Premium Pack". The fee for additional licenses shall be calculated in accordance with section 11.8.4. Tariffs. Payment of Application use. The End Customer's tariff cycle starts from the day when it purchased the first Application in its account on the Platform and ends on the day in the next calendar month corresponding to the day when the billing cycle began. If the next month does not have a day corresponding to the one in which the Account was created, the tariff cycle lasts until the last day of that month. For avoidance of doubt, by way of example, the tariff cycle commenced on 31 January shall be fulfilled on 28 or 29 February, as appropriate. Thus, if after the expiry of the trial period or where there is no trial period, as the case may be, the End Customer acquires Applications that generate costs in a tariff cycle, those costs will be billed at the end of that tariff cycle. At the end of each tariff cycle, the invoice relating to all costs incurred by the End Customer will automatically be generated in the respective tariff cycle, the provisions of art. 11.13. being applicable. This value may also include ancillary services to Applications or the Ebriza Platform, such as consultancy services from the Company. The End Customer shall be informed beforehand by the Company of any costs involved in providing such an ancillary service. For clarity, only one invoice will be generated for an End Customer account, an invoice which will include the costs of the Applications used by the Client, as well as the ones used by the Designated Persons of the Client. In order to purchase an Application, the End Customer is required to enter the identification data of his bank card. It is advisable to enter the bank card data associated with one of the bank accounts opened on behalf of the entity used by the End Customer to perform the managed activity using the Platform. This bank card will be used for purchases and payments in connection with all working points operated within the Ebriza Platform under the same End Customer account, regardless of the fact that these working points are operated by the Customer and/or by the Designated Person. At the time of entering a bank card by the End Customer, the payment processor will validate the card through a 0 (zero) EUR transaction. In accordance with the provisions of art. 9 above, the Company will not charge any cost for the free Ebriza service. For the use of Applications after the expiry of the trial period or for which there are no trial periods, where applicable, the following pricing arrangements may be applied, which shall be mentioned next to each Application: Monthly Price (a variable amount depending on the time spent on using the Application within one month) – for Applications in this situation, the following provisions will apply: the End Consumer can install and uninstall an Application in a tariff cycle whenever you want; the smallest unit, on the basis of which the calculation of the payment amounts relating to Applications having a variable cost takes place, is the day, the End Consumer paying, at the end of a tariff cycle, in the case of Applications applying such a tariff model, only the amount resulted from calculating the number of days during which the Application was installed by the End Consumer. an app installed any time during a day will automatically take the full day into account in the next invoice at the end of a tariff cycle, the days during which the End Consumer had the Applications installed will be summed up and will calculate the actual payment amount by the final customer, reported at the application price for use of the application in the tariff cycle, in To issue the corresponding invoice, after the following calculations: Total days installed / Total days in tariff cycle = Application usage percent; Application usage percent * Application price = Monthly price (rounded to 4 decimal places); For avoidance of doubt, a day starts at 00:00:00 and ends at 23:59:59 The End Customer understands and accepts that for Applications that can only be purchased based on the payment of a monthly price, a basic price of the Application may be paid depending on the number of working points that the End Customer holds. According to art. 11.8.1.5. above, the existence of several working points associated with the account of an End Customer, regardless of the fact that these working points are operated by the Customer and/or by the Designated Person, leads to a different additional price on that Application, for each working point, which is calculated in relation to the period during which the End Customer adds or deletes locations from their account. To avoid any doubt, the existence of this mechanism does not affect the provisions of art. 11.8.1.3. above, applicable in the event of the existence of a single working point of work placed on the Platform by an End Customer. In case of multiple working points associated with an End Customer configured in the Platform, the price of an Application will be calculated by the following formula, to which a discount of 30% of the Application's basic price is granted for each additional working point configured in the Platform: monthly price * (1 + 0.7 * (number of work point entered in account-1)) = total monthly price (for an Application); the formula is applicable to each Application installed with a monthly price by the End Customer to their account within the Platform. Price per transaction – for Applications in this situation, the following provisions will apply: The final price generated by the use of such Applications shall be calculated by the following formula: single transaction price * total number of transactions per tariff cycle in question; Within the meaning of art. 11.8.2.1. above, a transaction is any order (request, call, etc.) that comes to the Ebriza Platform API or from the Ebriza Platform to the developer Service API. These transactions are stored in the Company's database and can be accessed by the End Customer on the basis of a report attached to each invoice. Price computed as a percentage of the transaction In the case of Applications for which the End Customer pays a percentage of the value of each transaction generated by an Application in the tariff cycle, a transaction is strictly a product order (a tax receipt) that has a value in the currency of the used by the End Customer. Within the meaning of art. 11.8.3.1., the command is generated through the Ebriza API by the Application servers or directly in the Ebriza Platform by the End Customer. In both cases, the End Customer is charged a percentage of the total of this order. The percentage applicable to transactions in an Application is mentioned in the description of the Application, the Customer being informed of the value of the percentage before proceeding with the installation of that Application. If the End Customer company currency is other than EUR, the total of the transactions from a billing cycle, to which the percentage commission will be applied, will be converted to RON and then to EUR. Both conversions will be made using BNR rates from the date of billing. Price per license, which is a variable amount due by the Customer, depending on the time spent using the Application within one month. For Applications that find themselves in this situation, the following provisions will apply: The Client can install and uninstall an Application in a tariff cycle whenever he wants; the smallest unit, based on which the payment amounts related to the Applications that have a Price per license will be calculated, is the day, the Client paying, at the end of a tariff cycle, in the case of Applications that apply such a tariff model, only the resulting amount from the calculation of the number of days while the Application has been installed by the Customer on each installed device; at the end of a tariff cycle, the days when the Client had the respective Application installed will be added together and the actual payment amount by the Client will be calculated, related to the License Price of the Application, according to the following calculations: Total days installed / number of days in the tariff cycle = Application usage percentage; Application Usage Percentage * Monthly Application Cost = Monthly Price (rounded to 4 decimal places). For the avoidance of doubt, one day starts at 00:00:00 and ends at 23:59:59 The price applicable to each Application is found next to each Application or in the list of Applications accessible at: www.ebriza.com/MarketplaceApps. The prices shown in the Ebriza Platform are expressed in EUR and do not include VAT. Prices include all costs to be incurred by the End Customer to use an Application or use a Service. The Company may modify, at its sole discretion, any of the prices shown in the Ebriza Platform, without submitting a prior notice to the End Customers, the prices being applicable from the beginning of the next tariff cycle. At the end of each tariff cycle the corresponding invoice shall be generated which will include the total amount to be paid by the End Customer in the respective tariff cycle, as a result of the End Customer purchasing and using Applications and/or other Services, irrespective of the charging method applicable to each. If the End Customer will opt for consultancy services from the Company, related to the setting, configuration, customization of their account within the Ebriza Platform, these Services will be invoiced initially, in the invoice related to the first tariff cycle. Payment of the invoice will be made only online with a bank card, and all payments will be recurring payments. In this respect: the account associated with the bank card is automatically debited on the day a tariff cycle ends; the End Customer will be informed of the automatic and recurring debiting of his account which takes place at the end of each tariff cycle, prior to the time at which the first payment of a tariff cycle will be made; the End Customer shall provide the identification data of the bank card, and the amount necessary for the payment of the invoice issued with VAT included will be withdrawn from the card account, if VAT is applied to that payment; the End Customer shall ensure that, as regards the bank card used for payment within the Ebriza Platform, it belongs to it or, in any event, that it has the right to use it as granted by the cardholder; the data entered by the End Customer is not registered on any equipment of the Company or within the Ebriza Platform, being transmitted directly to the authorized server of the payment processor with which Ebriza collaborates, in accordance with the Personal Data Processing Policy; once payment has been made, the End Customer shall receive a notification in their account confirming the payment; if the card payment will not be successful, the system will again attempt to debit the End Customer’s card after a one-day interval; whenever the card cannot be processed, the End Customer will receive a notification in their account or an email, by which they are informed of the reason for the refusal, as well as a notification announcing that if the payment is not carried out successfully in the following 10 (ten) calendar days, access to their account within the Ebriza Platform is to be disabled; in the latter situation, the End Customer will have to access the account to change the payment method as well as to reactivate the account. The account will remain disabled until the payment is confirmed. This process will repeat for another 10 (ten) calendar days, after which their account will be blocked. The End Customer will be able to unlock the account only by fully paying all due payments to Ebriza Platform; If the End Customer will uninstall and/or no longer use an Application, or delete the account within the Ebriza Platform, and at the end of the tariff cycle no amount is due by the End Customer to the Company, any payment will cease according to the foregoing. If, when the End Consumer wants to close the account and there are sums due to the Company, the End Consumer will be able to close it only after fully paying all due payments to the Platform; however, if the End Customer subsequently proceeds to install Applications that generate sums owed to the Company, it will restart a new tariff cycle according to the provisions of this article 11.13; whether resident or non-resident (in Romania), the End Customer expressly states that they understand that any payment made to the Company will be made in RON at the BNR rate from the payment day; the End Customer expressly states that they also understand that they will bear any additional cost/commission charged by the bank in order to transform the currency in which they make the payment into RON; if the End Customer deletes the identification data of their bank card thus preventing the payment of the invoice for the current tariff cycle, access to the account will be restricted and the provisions of article 11.3.8. shall apply. The Developer and their relation with the Company The Developer will be the only one who will determine the price of the Application developed by it and how to pay it, using one of the methods listed in section 11 above. The Company will charge a fee of 30% of the Developer's revenue generated by the End Customer’s use of the Developer’s Application, unless the Company and the Developer agreed to apply a different percentage according to a document other than the Contract. Since the Developer's Applications will be sold through the Company, which will charge and communicate the invoice to the End Customer at the end of each billing cycle, the information required to issue the invoice by the Developer will be generated automatically into the latter’s account within the Ebriza Platform, based on the information entered by the Developer into their account. Information on revenue, required to issue the invoice by the Developer to the Company, will be available by accessing a report generated automatically by the Ebriza Platform, which will include all the revenue generated by the Applications developed by the Developer in the previous month. Based on information referred to in article 12.4. above, the Developer will issue the invoice to the Company representing 70% of the proceeds generated by the use of the Application developed by the Developer, except where the Company and the Developer agreed to apply a different percentage by way of a separate contract, in which case the commission will be charged by applying this latter percentage. The Developer will send the invoice to the Company at the email address facturi@ebriza.com. The Company will pay the invoice received from the Developer within 15 (fifteen) calendar days from the date of its receipt. For avoidance of doubt, the payment of the percentage of the revenue generated by the Developer's Application is conditional upon issuing and communicating the invoice by the Developer. The Hardware Provider For making available to the Hardware Provider by the Company of the software infrastructure and the display interface required for the former to have access to the Ebriza Platform in order to display and manage hardware, orders, End Customers, stocks, etc., by accessing their account, the Hardware Provider owes the Company a percentage of the amount resulting from the sale of the Hardware Equipment through the Ebriza Platform, in a month, as follows: for the amount resulting from the sale of Hardware Equipment up to 10,000 (ten thousand) RON inclusive, a percentage of 3% shall be applied; for the amount resulting from the sale of Hardware Equipment up to 25,000 (twenty-five thousand) RON inclusive, but more than 10,000 (ten thousand) RON, a percentage of 2.5% will be applied; for the amount resulting from the sale of Hardware Equipment up to 50,000 (fifty thousand) RON inclusive, but more than 25,000 (twenty-five thousand) RON, a percentage of 2% will be applied. The above-mentioned fee will be paid out in RON, the provisions of art. 11.13.12 – 11.13.13. above being applicable. The Hardware Provider will communicate to the Company, in the first 5 (five) working days of each calendar month, the list of products sold during the previous month through the Ebriza Platform and the total price charged for them. The Company shall issue the invoice in relation to the amount communicated according to article 13.3. above, with the application of the provisions of art. 13.1. above, which it will communicate to the Hardware Provider. The Hardware Provider will pay the invoice thus issued by the Company within 15 (fifteen) days of its communication by the Company. Where the Hardware Provider does not fulfil the obligations laid down in article 13.3. above, the Company is entitled to request payment of penalties of delay in the amount of 5%/day of delay from the total revenue of the Hardware Provider and not directed to the Company. Where the Hardware Provider does not fulfil the obligations laid down in article 13.5 above, the Company is entitled to request payment of penalties of delay in the amount of 1%/day of delay from the outstanding amount to be paid by the Hardware Provider. Accessing the Ebriza Platform. Equipment Among the conditions for the operation of the Ebriza Platform at highest parameters are: the Internet connection accessible from the Customer's equipment must have a minimum speed of 10MB/s for fixed internet connections or Wi-Fi and 256Kb for mobile internet connections; the Ebriza Platform can be accessed by Customers who have an account created therein, where they have certain models of smart phones, tablets and PCs, compatible with the Ebriza Platform, as detailed in articles 14.1.4. and 14.1.5. below; to use the Ebriza Platform, one of the following Internet browsers is required: Internet Explorer, Google Chrome, Mozilla Firefox or Safari, desktop or mobile version. Because of the differences in the implementation of each browser, you may experience differences in how content is seen from one browser to another. The content on the Ebriza Platform can be accessed from a maximum number of devices equal to the maximum number of Users created by the Customer. The same content will not be viewable/usable simultaneously from more than one device by accessing the account of one User. The End Customer assumes full responsibility for any access to a user account associated with their account in the Ebriza Platform, from multiple devices/terminals. User management can be done by the Client from their account in the Ebriza Platform. Any error on the Ebriza Platform may be brought to the Company’s attention as soon as possible through the Feedback section accessible according to article 6.1.2 above. In so far as the problems referred to in article 14.4. above are caused by the servers used for the management of the Ebriza Platform, the Company will immediately notify the Partner regarding the issues mentioned by the Customer, so that the Partner solves the said issues, if such are attributable to the Partner. The Company is not responsible and does not warrant the continuous operation of the Ebriza Platform and/or Services and their availability for the Customer. The Company reserves the right to temporarily modify or discontinue access to the Ebriza Platform and/or Services without prior notice at any time. The Company is not liable to the Customer, the Designated Persons, or any other institution or third person for the interruption or suspension of the Ebriza Platform, nor for any loss, direct or indirect, of opportunities or business opportunities by the Customer, he Designated Persons or third parties with whom the Customer is in contact because of the malfunction of the Ebriza Platform. The Customer and the Designated Persons will use the Ebriza Platform in a manner that does not disturb its normal functioning and the Client is liable to the Company for any damage suffered by the latter which has been caused by the Customer's or the Designated Persons’ failure to comply with their obligations under these terms and conditions. Security practices concerning the Ebriza Platform The Company implements and maintains practices and procedures, which are reviewed periodically to ensure the security of the systems used for the hosting and operation of the Ebriza Platform. These practices and procedures aim to reduce the vulnerability of Company systems to accidental losses, illegal intrusions, unauthorised access, disclosure, alteration or improper conduct that may interfere with the Company's systems or may otherwise hijack or affect the content or use by the Customer of the Ebriza Platform. Regarding the technical and organizational measures taken by the Company to ensure the security of the personal data of the Customer, it is advisable to consult the Personal Data Processing Policy. It is the responsibility of the Customer to transmit to the Company whether these practices and procedures are appropriate for the fulfilment of its activity. Using the Ebriza Platform is equivalent to confirmation, from the Customer, that it accepts the practices and procedures in ensuring security carried out by the Company and the fact that they are appropriate for the Customer's purposes when using the Ebriza platform. The Company's security practices are available on the website: www.ebriza.com. Without prejudice to article 15.3. above, the Customer accepts that the Company does not provide any statement or guarantee as to the level and operation of the security procedures of the Ebriza Platform. At the same time, each End Customer understands and agrees that, by installing an Application, the End Customer allows the Developer of that Application to access certain information, which may include personal data, the End Customer agreeing, regarding any request or misunderstanding related to the Developer's permission, to contact the Developer directly. Customer Liability. Company Liability By using the Ebriza Platform, the Customer declares, accepts and confirms that they are aware and agree that the Company cannot be held responsible and is not liable for any direct or indirect damage, incidental or not including for the benefits/profit not met, data, confidential information, databases, clientele, customer/partner trading funds or any other injury, tangible or intangible, which may be suffered by Customer/clients of the Customer or of the Designated Persons and/or its collaborators (including in connection to the right to image), which may result from the use of the Ebriza platform. Irrespective of the circumstances, only if the serious fault or intention of the Company in provoking a damage is proved, on the basis of a decision of a public authority or competent court, the Company may be required to pay a compensation in the maximum amount of the value of services and/or cost of Applications paid by the Customer concerned, in the last 6 (six) months prior to the Customer invoking their claims. For avoidance of doubt, the above provisions are also valid in relation to the part of the Ebriza Platform which makes the infrastructure necessary for the purpose of carrying out/issuing the tax receipt at points of sale available to the End Customer, in the sense that the Company cannot be held liable in connection with the receipt made/issued by use of the Ebriza Platform, in so far as imperative legal provisions do not burden the Company with such matters. The Customer will compensate the Company for any damage suffered by the latter as a result of the Customer's use of the Ebriza Platform unlawfully or contrary to these terms and conditions or contrary to the stated purpose at the time of the creation of its Customer account within the Ebriza Platform. The identification and contact data of Developers and Hardware Providers will be displayed in the Ebriza Platform, being accessible to the End Customer or its Designated Persons in accordance with the former’s legal obligations, including, without limitation, those relevant from a consumer protection standpoint, as appropriate. If the End Customer observes a breach or a faulty fulfilment of the Developer or Hardware Provider’s obligations (based on the section/module/part of the Ebriza Platform that is not functional or with which the End Customer is experiencing problems or on the basis of which the damage claimed by the End Customer is incurred), it shall proceed to notify them directly for the purposes of the complaint against obligations being breached, by means of their identification data, the Company being exempt from any liability, of any kind, resulting from the relationships created between the End Customer and the Developer and/or the End Customer and the Hardware Provider. Any issue of the End Customer regarding the Application of a Developer or any Hardware Equipment will be addressed by the End Customer directly to the Developer or Hardware Supplier, the Company being exonerated of any liability whatsoever resulting from the relationships created between the End Customer and the Developer and/or the End Customer and the Hardware Provider. The Hardware Provider is required to correctly and properly display information on the Hardware Equipment, in particular those relating to, but not limited to, the specifications of the Hardware Equipment, prices, delivery times, existing stocks, service provided and/or photos of Hardware Equipment, the Company being exonerated of any liability, of any kind, resulting from the relationships created between the End Customer and the Hardware Provider. No Customer can claim, from the Company, the development of additional functionalities or the exercising of additional rights besides those described in this Contract, so that, in his turn, the Customer may grant access to the Designated Persons to functionalities or rights contained within the contracts that the Client signed with the Designated Persons. Use of Ebriza Platform and frauds The Customer expressly states that it understands that the Ebriza Platform is intended for and provided only to them in their end-user capacity and only for the purposes specified in these Terms and Conditions. The service is provided to the Customer only in its end user quality and only for its own personal use in connection with its business or the Designated Persons associated with its business. The following are considered fraudulent activities of the Customer: the provision of erroneous/falsified information as the basis for concluding the Contract when the Customer created the account; providing access to the Ebriza Platform to third parties (for a fee or free of charge), through the Customer’s user account, with the exception of the Designated Persons properly configured in the End Customer account. use of the Ebriza Platform for purposes other than those mentioned in these Terms and Conditions or other than those indicated at the time of the creation of its user account. If it identifies a fraudulent activity within the meaning of art. 17.3. above, the Company has the right: to suspend the Customer's access to their account and/or to the Ebriza platform and to terminate this Contract without the court's intervention or other prior formalities, the Customer being considered in default since the Company notifies them, through the Ebriza platform or using the identification data indicated by the Customer, of the fact that such termination has occurred; to refuse to provide access to a new customer account or to make it conditional on the lodging of a security / deposit. The Customer shall also be responsible for the damages resulting from failure to fulfil the obligations mentioned in this article. Changes to Terms and Conditions The Company reserves the right to modify these terms and conditions during the Contract. If the change is substantial, the Company will communicate to the Customer a written notice of such a change at least 5 (five) calendar days before they become applicable. If the Customer disagrees with a change operated according to art. 18.1. above, they will have the right to terminate the Contract unilaterally, ceasing to use their account within the Ebriza Platform, in which case none of the parties will owe the other damages. However, the termination of this Agreement by the Customer has no effect on the due payment obligations which the Customer will continue to have towards the Company. Each tariff cycle started according to art. 11.1. above shall be governed by the Terms and Conditions in force at the time of commencement of the tariff cycle in question. Ownership over Ebriza Platform These Terms and Conditions do not transfer any ownership or intellectual property rights over the Ebriza platform, the Company Services or equipment, the Customer acquiring, by creating the account, only a non-exclusive right of use, on a worldwide level, limited in time. All rights, titles and interests over the Ebriza Platform, including without limitation intellectual property rights, as well as any ideas, know-how or programs developed by the Company while providing Services and access to the Ebriza Platform, including any improvements or changes made by the Company over the Ebriza Platform will remain under the exclusive ownership of the Company. The Customer/User is not entitled to remove, modify or alter any part of the Ebriza Platform including, but not limited to: source codes, object codes, design elements or other applications contained within the Ebriza Platform and created by Company or existing in other archives or safety copies held by the Company, if any. Clientul nu are dreptul să copieze/modifice/distribuie/vândă sau să închirieze nicio parte a Platformei Ebriza, a serviciilor şi/sau a programelor software incluse și nu are dreptul să refacă sau să încerce să extragă codul sursă al respectivului program software, cu excepția cazurilor în care Clientul are permisiunea prealabilă, expresă şi scrisă din partea Societății. Această obligație se aplică şi în raport de datele aparținând altor Clienţi, existente în contul acestora din urmă, iar în cazul în care Clientul intră în posesia unor astfel de date, Clientul nu are dreptul să copieze/modifice/distribuie/vândă/să refacă sau să închirieze nicio parte a datelor respective, cu excepţia cazurilor în care Clientul are permisiunea expresă, scrisă din partea Clientului care deţine proprietatea asupra acestor date. The Customer shall not be entitled to copy/modify/distribute/sell or lease any part of the Ebriza Platform, services and/or software included and shall not be entitled to remake or attempt to extract the source code of that software, unless the Customer has prior, express and written permission from the Company. This obligation shall also apply in relation to the data belonging to other Customers existing in the latter's account, and if the Customer gains access to such data, the Customer shall not be entitled to copy/modify/distribute/sell/remake or rent any part of the data, unless the Customer has express permission, written from the Customer who owns the property on such data. The Customer shall not be allowed to transfer in any way (including by merger) or to any natural or legal person (either third party or part of the group) any right conferred on that Customer in relation to the Ebriza Platform. Any entity acquiring a Client will need to create a new account within the Ebriza Platform. Ownership and confidentiality over Client data This Contract does not transfer any ownership or intellectual property rights over data belonging to the Customer or to its Designated Persons, inserted by the latter into their existing account on the Ebriza Platform. Thus, the Customer remains permanently the owner of the data inserted by them in their existing account on the Ebriza Platform, both during the entire period of use of the account under this Contract and thereafter, the provisions of art. 19.4. above being applicable. Within the meaning of art. 20.1. above, Customer or its Designated Persons’ data may include, but not limited to, recipes for food, customers, purchase invoices, sales prices, campaigns, sales reports. This data is confidential and stored directly on the storage servers belonging to a Company Partner with no access to this type of data belonging to the Customer or to its Designated Persons. The provisions of art. 11.1. – 11.8. are applicable. If the Company is in possession of Customer or its Designated Persons’ data of the type referred to in article 20.1. and 20.2., the Company shall undertake to take all reasonable, necessary and appropriate measures to prevent unauthorized disclosure of such data. In this case, the Company undertakes to maintain confidentiality and not divulge any information it has obtained access to, to no third party or collaborator without the prior consent of the Customer, not to use this information in its own interest, to keep under maximum confidentiality and not disclose information to third parties, except for its lawyers or consultants or at the request of authorities when the Company is legally required to do so. To the extent that such data contains personal data, the provisions of the Personal Data Processing Policy shall apply. The data and information about which the Company may prove were previously public and/or for reasons other than the fault and without any implications of the Company or its employees, are not considered confidential. To avoid any doubt, the Customer is exclusively responsible of the way in which it processes data or other informations about the Designated Persons. Pentru evitarea oricărui dubiu, Clientul este în mod exclusiv responsabil de modalitatea în care prelucrează date ori informații în legătură cu Persoanele Desemnate. Content suspension and deletion In the event of breach of one or more obligations under these Terms and Conditions or results from another agreement between the Parties or as a result of an infringement of intellectual property rights or violations of the applicable law by the Customer, the Company has the right to suspend Customer access to the Ebriza Platform and/or to delete inappropriate content at any time, for a period to be decided by the Company, without the Customer's right to claim compensation. The same effect will be applied to an infringement caused by a Designated Person of the Client. Același efect îl va avea o încălcare produsă de către o Persoană Desemnată a Clientului. The Company shall be able to send a written notification to the Customer of any suspension action according to article 21.1 above. Suspending the Customer's account involves suspending all User accounts for the said Customer, the latter being solely responsible for any effect of this suspension. Planned and urgent maintenance The Company may perform scheduled maintenance operations regularly. Where such operations may affect the availability of the Ebriza Platform, the Company shall inform the Customers at least 5 (five) calendar days in advance. Other periods of downtime of the Ebriza Platform, planned or unplanned, may occur. The Ebriza Platform will not be available during these periods. During these periods, the Company shall take the safety measures described in the Personal Data Processing Policy to ensure that the Customer's personal data is processed safely. Updates These Terms and Conditions apply to all improvements, modifications, variations, revisions, updates, supplements, added components and replacement for the Ebriza Platform (collectively "Updates"), which the Partner and /or the Company may provide or make available for the Ebriza platform. The Customer authorizes the Company and agrees that it may automatically transmit, access, install and provide, in any way, updates to the Ebriza Platform without prior notice and without the need to obtain the Customer’s consent. The Company has no obligation to perform updates, does not guarantee any updates, and nothing in these terms and conditions can be interpreted as an obligation of the Company to create, supply or install Updates. Contract termination This Contract shall cease by agreement of both Parties. Any Party may unilaterally denounce this Contract, while notifying the other Party in this respect. In the case of the Customer, denunciation may take place, inter alia, by deleting their account within the Ebriza Platform: If the Contract is denounced by the Customer, this has no effect on the already due payment obligations which the Customer will continue to have towards the Company. If the Contract is denounced by the Company, the provisions of article 24.3. below shall apply. The provisions of this article shall not apply in the cases referred to in article 24.4. below. Where, on the date of termination of the Contract following the denunciation by the Company in accordance with article 24.2. above, the tariff cycle for a subscription purchased by the Customer is still ongoing, the Customer will still be able to use the Ebriza Platform until the end of the current billing cycle, the provisions of art. 24.2.1. being applicable. This Contract shall cease automatically, without delay or the fulfilment of any other formalities, and without the intervention of the court, in cases where the Customer does not fulfil the contractual obligations laid down in the Contract, the Company may choose either the termination of the contract or its continuation. The termination of the Contract, regardless of the reason, has no effect on the obligations due and outstanding on the date on which it intervenes. Without prejudice to the provisions of article 24.4. and 24.5. above, where the Contract ceases on the initiative of the Company under art. 24.2. and 24.3. above, the Company undertakes to allow the Customer access to the Ebriza Platform. If the Customer has purchased a monthly subscription, they will be able to renew their subscription 3 (three) times in a period not exceeding 3 (three) months from the date of the end of the monthly subscription. Any termination will have an effect on all of the Customer’s working points configured in the Ebriza Platform, regardless whether they are operated by the Customer or its Designated Persons. Orice încetare va produce efecte asupra tuturor punctelor de lucru ale Clientului configurate în Platforma Ebriza, indiferent că acestea sunt operate de către Client ori de către o Persoană Desemnată de către acesta. Applicable law. Dispute resolution This Contract is governed by the Romanian law. Any misunderstanding about the performance of the Contract will be settled amicably. If such a resolution is not possible, the dispute shall be forwarded to the competent courts at the Company's headquarters. Miscellaneous By accepting these terms and conditions, the Customer declares that he is of legal age to conclude and execute this Contract, that each of the Users who have accounts associated with the Customer account is authorized by the Customer to use the Ebriza platform, that they have read, fully understood and agreed with the entire content of these Terms and Conditions. The Company may be contacted at the contact details mentioned in the preamble to these Terms and Conditions or on the Ebriza Platform. Notices: Societatea va putea transmite orice notificare (cum ar fi cele privind modificările prezenților Termeni și Condiții) prin diferite mijloace, inclusiv prin e-mail, SMS, poștă (scrisoare cu confirmare de primire), mesaje scrise, notificări online prin Platforma Ebriza sau alte mijloace rezonabile, prin care se poate face dovada comunicării. Notificările privind Platforma Ebriza pentru care nu este necesară nicio înregistrare, sunt comunicate în general, printr-o notificare online postată de către EBRIZA în cadrul Platformei Ebriza. The Company will be able to transmit any notification (such as concerning changes to these Terms and Conditions) by various means, including via e-mail, SMS, mail (letter with acknowledgement of receipt), written messages, online notifications via the Ebriza Platform or other reasonable means, by which proof of communication may be made. Notifications of the Ebriza Platform for which no registration is required are generally communicated by an online notification posted by the the Company within the Ebriza Platform. The Customer will be able to transmit any notification to the Company in connection with this Contract, by various means, including by e-mail, post (letter with acknowledgement of receipt) or written messages or other reasonable means in connection with which proof of submission may be made. If the Customer violates these Terms and Conditions by accessing the Ebriza Platform in an unauthorized manner, it may receive notices according to art. 26.3. above. The Customer agrees that it is deemed to have received all the notifications that would have been sent to them if they had accessed the Ebriza Platform in an authorized manner.