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1. Application and Scope
These Terms are provided by the Company and govern your access to and use of the Website. By accessing or using the Website, you acknowledge that you have read, accept, and agree to be bound by these Terms and all terms incorporated herein, forming a legally binding agreement between you and us. Your full acceptance of these Terms is a prerequisite for accessing or using the Website. If you do not accept these Terms, you must immediately discontinue use of the Website. If you are acting on behalf of an entity, you represent that you are authorised to accept these Terms and enter into a binding agreement on behalf of the entity, and you accept these Terms on both your own behalf and the entity's behalf. Any Materials are subject to these Terms. Please review it carefully before using, referencing, or relying on any Materials.
2. License
Subject to your consent, acceptance, and compliance with these Terms, we grant you the License. Your access and use of the Website must comply with the terms of the License. The License will remain in effect until terminated, which will occur upon the earliest of: the termination or expiration of these Terms or your violation of these Terms.
3. Proprietary Rights
The Website may contain Intellectual Property owned by us, our Affiliates, or applicable rights holders. Unless explicitly stated otherwise in these Terms, you do not receive any rights, title, or interest in such Intellectual Property. We, our Affiliates, or relevant rights holders reserve all rights, including the right to prohibit any use. You may not remove or alter any marks or notices on the Website. Any rights not expressly granted to you under the License are reserved. The Website and its components may not be copied, reproduced, or imitated, in whole or in part, without our prior written consent.
4. Disclaimers
a. Information on the Website
The Materials are provided for informational purposes only and do not constitute any promise, warranty, or representation. You should not rely on the Materials, in whole or in part, when making decisions. We are not responsible for the accuracy or completeness of the Materials, and any use is at your own risk. You are solely responsible for any damages or losses resulting from such use. Always conduct your own independent research and investigation.
b. No Warranty
The Website and Materials are provided on an 'as is' and 'as available' basis. Your use is at your own risk. We make no warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, all of which are expressly disclaimed. We do not warrant that: (i) the Materials will be true, complete, accurate, or timely, and we are not obligated to update or correct them; (ii) the Website or Materials will be secure or available at any specific time or location; or (iii) the Website or Materials will meet your expectations or be suitable for your needs.
c. No Advice
Neither we nor any part of the Website provide financial, legal, regulatory, investment, or tax services, directly or indirectly. Information in these Terms, the Materials, or any content on the Website should not be considered business, legal, financial, investment, or tax advice. We are not responsible for the accuracy, completeness, or timeliness of the Materials or any other information on the Website. Any use or reliance on such information is at your own risk, and you are solely responsible for any resulting damages or losses. We recommend consulting your own professional advisors before making decisions based on the Materials or any information provided by us.
5. No Offer or Solicitation
The Website and any Materials provided by us do not constitute, and are not intended to constitute, an offer, recommendation, or solicitation to buy any products or services in any jurisdiction. We do not endorse, recommend, or solicit the use of any third-party services or products mentioned on the Website or in the Materials. Any use of services or products is at your own risk and discretion. Always verify that information you believe to be from us is communicated by our authorised representatives. We do not provide financial or legal advice, and nothing provided by us should be relied upon in making any contract or decision. Please consult your own advisor before making any decisions.
6. Third-Party Content
When using the Website, you may interact with Third-Party Content. We have not verified or validated such content and make no warranties, express or implied, regarding its accuracy or reliability. We do not endorse or take responsibility for any Third-Party Content or any related services, materials, or tools. You acknowledge that your use of Third-Party Content and interactions with third parties linked to or from the Website are at your own risk. To the fullest extent permitted by law, we are not liable for any loss or damage arising from accessing or using Third-Party Content.
7. Liability
To the fullest extent permitted by law, the Company Parties shall not be liable for any indirect, special, punitive, incidental, or consequential damages, including loss of goodwill, profits (expected or actual), data, business value, or interruption, arising from or related to the Website or Materials. This includes, without limitation, issues related to the accuracy, reliability, currency, or completeness of the Materials, delays, errors, or inaccuracies in their transmission, or reliance on them. This liability disclaimer applies regardless of the legal theory, including breach of contract, negligence, or strict liability, and regardless of whether we have been advised of the possibility of such damages. You shall not, and to the fullest extent permitted by law hereby waive any right to, seek to recover the damages listed above from the Company Parties. In jurisdictions where exclusions or limitations are not allowed, these exclusions and limitations will apply to the maximum extent permitted by law. This Section does not limit liability for fraud, intentional misconduct, or gross negligence.
8. Law and Disputes Resolution
a. Law
These Terms, as well as any and all relationship between you and us relating to the Website and any Materials shall be governed by, construed and enforced in accordance with the laws of Estonia, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
b. Informal Dispute Resolutions
If you have a Dispute related to these Terms, the Website, or any Materials, you must first attempt to resolve it informally by contacting us at legal@deka.agency. If the Dispute remains unresolved within thirty (30) days of our receipt of your notice, either party may submit it to binding arbitration as outlined below.
c. Arbitration
Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules on expedited procedure. The seat of arbitration shall be Tallinn, Estonia. The language of the arbitral proceedings shall be English. These Terms shall be governed by the substantive law of Estonia.
d. Communication
You consent to receive all Communications related to these Terms, the Website, or Materials electronically. We may provide Communications by posting them on the Website, provided they are expressly marked as related to these Terms. If you provide an email address, we may (but are not obligated to) send Communications via email. All such Communications shall be deemed written, valid, and legally binding, taking effect the day after publication. Communications via Website support are not considered official. You may contact us electronically at legal@deka.agency, and we may require additional information to verify your identity.
9. Termination
a. Termination By Us
We shall have the right to terminate these Terms at any time with or without cause, with and without notice to you.
b. Termination By You
You can terminate these Terms at any time by terminating your access to the Website.
c. Survival
Except for the License Section, all terms of these Terms shall survive the expiration or termination of these Terms or your access to the Website, regardless of the reason.
10. Miscellaneous
a. Personal Data
We process your personal data in accordance with our Privacy Notice provided on the Website.
b. Language
Only the English version of the Website interface and Communications is official. In case of any translation discrepancies, the English version shall prevail.
c. Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, including all rights and obligations, to any third party without your consent.
d. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the subject matter and supersede all prior or contemporaneous agreements, communications, and representations, whether written or oral. Except for the Company Parties, no third party shall have any rights under these Terms.
e. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
f. Modification
You acknowledge that we may modify, supplement, or update these Terms at our sole discretion without your consent. Changes will be reflected in the “Last Updated” date above and take effect immediately unless stated otherwise. Your continued use of the Website constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Website. It is your responsibility to review these Terms regularly to stay informed of any changes.
11. Definitions
In these Terms unless the context requires otherwise, the terms shall have the following meaning:
Affiliate: means a person controlling, controlled by, or under the same control as the Company.
Company, we, our, us: means DekaDigital OÜ, a company having company number 17179115 and address at 50-201 Vesivärava Street, Tallinn, Harju County, 10152, Estonia.
Company Parties: means the Company, Affiliates, their respective shareholders, directors, officers, employees, agents, advisors, contractors, and assignees.
Dispute: means any dispute, claim, suit, action, causes of action, demand, or proceeding.
Information: means any information, statements and announcements, provided on or through the Website and any communications made by us or on our behalf, as well as any other information however communicated by us or on our behalf.
Intellectual Property: means any names of services and products, logos, trademarks and other marks, copyrighted content, designs, drawings, animations, videos, pictures etc., which are available on the Website or otherwise provided by us.
Licence: means limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Website for its intended purposes on the terms set forth herein.
Materials: means Information and any data, content, and materials contained on the Website or communicated by us or on our behalf through the Website or otherwise.
Notice: means a written notice of your claim to any of the Company Parties, which shall (i) include your name, residence address, email address, and telephone number; and (ii) describe the nature and basis of the Dispute, and (iii) set forth the specific relief sought.
Terms: means these Deka Agency Website Terms & Conditions, as may be updated from time to time.
Third-Party Content: means any content, information, materials and items provided by third parties or produced from third-party sources, including (i) promotional materials and advertisements, (ii) third-party websites and resources, and links thereto, and (iv) any other information produced or derived from third-party sources.Website: means the Deka Agency website available at https://www.deka.agency, including any of its subdomains.
You, your: means you as a user of the Website.
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