Terms of Use

Privacy Policy for FreedX

Effective Date: 02/04/2024

Welcome to FreedX, this Terms and Use Agreement (“Agreement”) sets forth the legal terms between you and FreedX. References in this Agreement to:

“we”, “our”, “us” refer to FreedX Technologies OÜ, registry code 16937909, with our registered office located at Harju maakond, Kesklinna linnaosa, Viru väljak 2, 3. korrus Tallinn, 10111, Estonia, alongside, as applicable, our directors, officers, shareholders, employees, advisors, contractors, subsidiaries, and any affiliated corporate entities providing various Services, access to Applications, and Data through our website  https://app.freedx.ai (collectively referred to as the “Website”).

“you” and “your” denote you, the individual or entity engaging with our Services, Applications, and Data.
By affirming your agreement (for example, by checking a corresponding box), you acknowledge having read, understood, and accepted to be bound by this Agreement. Your continued engagement with our Services signifies your consent to comply with and be legally bound by this Agreement, inclusive of all its representations and warranties.

When you engage with the FreedX Platform, be aware that additional third-party terms may also apply. For instance, if you’re using our mobile app, the standard terms and conditions of the app marketplace (like Apple’s App Store or Google Play) will be applicable alongside our own terms.

If you’re using the FreedX Platform on behalf of a company or another type of entity, you affirm that you have the authority to bind that entity to this Agreement, including all the included and referenced terms, policies, and agreements. You confirm that the entity you represent is legally established, existing in compliance with the laws of its formation, and in good standing. This entity will bear full responsibility for all actions taken by its employees while using the FreedX Platform.

By using our Services, you declare that you are of legal age to enter into a binding contract and that you have not been previously suspended or banned from using the FreedX Platform.

Your account is for your personal use only. In instances where you permit your minor child to use your account, you assume full responsibility for their use of the account and any associated charges. If your account is accessed or used by a third party, we reserve the right to suspend or terminate it. Should you permit a third party, including a minor child, to use your account, you are responsible for overseeing their activities and behavior on the FreedX Platform, and you consent to any personal data they might disclose while using the account.

For identity verification and to prevent financial crimes such as money laundering or fraud, we may request specific information and documents. By providing this information, you attest to its accuracy and authenticity and agree to keep us informed of any changes. We reserve the right to conduct inquiries, ourselves or via third parties, to verify your identity and to take any necessary action based on these inquiries. This may include, but is not limited to, your name, address, phone number, email address, date of birth, national identification number, government-issued documents, and, if applicable, your bank account details.

Additionally, to access the full functionality of the FreedX Platform, you must possess the necessary equipment and internet access. Certain features might require connecting your decentralized blockchain wallet or gateway. The FreedX Platform is accessible through our website, as well as mobile and desktop applications.

Please note that access to the FreedX Platform might sometimes be impaired or unavailable, for which we are not liable for any resulting losses.

It’s crucial that you thoroughly read and agree to the terms of this Agreement before electronically signing it. By doing so, you acknowledge and accept these terms as legally binding, just as if you had signed this Agreement physically.

This Agreement becomes effective on the date specified. We recommend consulting with an advisor to fully understand the implications of entering into this Agreement with us.

1. Effective Date

  1. Under the conditions of this Agreement, FreedX agrees to enter into this Agreement with you and provide the Services in exchange for the Service Fee, provided you are either over 18 years of age or a legally registered entity under applicable law. 
  2. The Effective Date of this Agreement will be the earliest of the following: (i) your payment of the Advance Service Fee, or (ii) your full and explicit agreement to this Agreement, whether in paper or electronic format. 
  3. FreedX reserves the right to refuse to enter into this Agreement or to terminate it immediately if we are unsatisfied with the results of your Verification(as defined below).

2. Verification

  1. FreedX may conduct a verification process to determine your eligibility to contract with us (“Verification”). This includes know-your-client and anti-money laundering procedures. For this Verification, you are required to provide, either directly or through a third-party engaged by us, the following information:
    1. Your full name (first, middle, and last) for individuals, or the full legal name for entities, in English.
    2. Your date of birth for individuals, or date of state registration for entities.
    3. Scanned, readable copies of all valid passports for individuals, or certificates of incorporation for entities.
    4. Scanned, readable copies of all valid visas or temporary residency permits for individuals, or official documents confirming business activities in foreign jurisdictions for entities.
    5. A contact email address.
    6. A contact phone number.
  2. You also agree to provide any additional information we deem necessary to comply with laws, regulations, or policies. This may include, but is not limited to, passports, driver’s licenses, utility bills, photographs, government identification cards, sworn statements, tax identification numbers, and information about family members, beneficiaries, shareholders, owners, partners, directors, or officers.
  3. You agree not to conceal your true location (including using VPNs, proxies, or similar services) or provide false or misleading information.
  4. We may collect any other information useful or necessary for communication with you, as allowed by applicable laws and this Agreement.
  5. Upon our request, you agree to provide the necessary information to comply with anti-money laundering laws and regulations. This includes policies and procedures, background documentation of your directors, trustees, owners, and audited financial statements, if available.

3. Services

  1. FreedX provides a platform for automated trading in cryptocurrencies. Our Services enable the execution of trades on various cryptocurrency exchanges based on signals or criteria received through webhooks from TradingView. It’s important to note that FreedX does not offer financial advice, investment management, or any other regulated financial services.
  2. By registering for, accessing, or using our Services, you agree to these Terms and any changes made to them. FreedX reserves the right to modify this Agreement at any time, and your continued use of the Services following any such changes signifies your acceptance of the revised Terms.
  3. User Responsibilities and Conduct:
    1. Account Setup: You are required to provide accurate registration information and keep your account details current.
    2. API Keys and Security: You are responsible for safeguarding your API keys and all activities conducted under your account. FreedX is not responsible for losses or damages resulting from unauthorized access to your account.
    3. Legal Compliance: You must ensure that your use of our Services adheres to all applicable laws and regulations, particularly those concerning cryptocurrencies.
    4. Risk Acknowledgment: You recognize the inherent risks of automated trading and cryptocurrency investments, including the potential for significant losses.
  4. FreedX’s Services do not include financial advising. We are not financial advisors, and our Services should not be perceived as providing investment advice. All trading and investment decisions are your sole responsibility.
  5. Service Availability, Accuracy, and Limitations:
    1. Service Availability and Accuracy: While we aim for reliability and accuracy in our Services, we do not guarantee uninterrupted or error-free service. FreedX is not liable for any losses resulting from service unavailability, inaccuracies, or errors.
    2. Market Conditions: FreedX is not responsible for losses resulting from market fluctuations or the performance of cryptocurrencies.
    3. Technology Risks: We are not liable for malfunctions, breakdowns, delays, or interruptions in internet or network services.
    4. Broad Limitations: FreedX shall not be held responsible for any failures, disruptions, or performance issues arising from events beyond our control, including but not limited to natural disasters (like earthquakes), governmental actions, wars, strikes, systemic internet failures, or global pandemics.

4. Intellectual Property

  1. FreedX and its affiliates possess or are in the process of acquiring valid, unrestricted, and exclusive rights to the patents, trademarks, registered trademarks, trade names, copyrights, technology, know-how, and other intellectual property essential for providing our Services and conducting our business operations.
  2. Under no circumstances does this Agreement confer upon you any title, license, or rights to any of FreedX’s or its affiliates’ intellectual property. This includes, but is not limited to, rights related to the FreedX webpage, as well as all text, graphics, interfaces, photographs, trademarks, logos, artwork, computer code, design, structure, and other content associated with our Services and business. All such content and intellectual property, along with its arrangement, are the property of FreedX and its affiliates and are safeguarded by intellectual property rights and fair competition laws.
  3. This Agreement does not imply any licenses, and any rights not explicitly granted to you are reserved and remain with FreedX and its affiliates.

5. Service Fee

Access to FreedX services is provided on a subscription basis. For all payments related to your subscription, FreedX partners with Stripe, a leading online payment processing platform, ensuring secure and efficient transactions.

To stay updated with our subscription fees, we encourage all users and potential subscribers to refer to our official website, specifically the freedx.ai#pricing page. This page will always contain the most current pricing information for our various subscription options. It is your responsibility to review the pricing page regularly to understand the fees applicable to your subscription.

  1. Payment for your subscription is required to be made through Stripe. Subscription renewal payments are due no later than 7 days following the issuance of an invoice at the end of each subscription period.
  2. FreedX reserves the right to modify subscription prices. Any changes in pricing will be communicated to you no later than the last day of your current subscription period, either through the FreedX platform or via email. Continuation of your subscription without cancellation, following the notification of a price change, will result in billing at the updated subscription rate.
  3. You may upgrade your subscription level at any point during your subscription term. Upgrades can be requested via the FreedX platform, and the price difference for the upgrade, prorated for the remainder of the current subscription term, will be charged accordingly. The upgraded subscription fee will apply from the next billing cycle.
  4. Subscriptions can be canceled directly through the FreedX platform by selecting the “Cancel” option or a similar functionality. Upon cancellation, your subscription will remain active until the end of the paid period but will not renew. Please note that FreedX does not provide prorated refunds for any remaining portion of the subscription term.
  5. FreedX reserves the right to terminate your subscription under certain conditions, including, but not limited to:
    • At our discretion, provided we give you advance notice;
    • Failure to process subscription payments due to declined transactions or chargebacks by the payment method (or its agent or branch).

For detailed information and inquiries regarding subscription fees, payment processing, and other related matters, please refer to the FreedX.ai#pricing page or contact our support team.

6. Refund Policy

FreedX is committed to customer satisfaction and offers a 14-day prorated money-back guarantee for all our subscriptions. This guarantee allows you, as a consumer, to cancel your subscription and request a prorated refund within fourteen (14) days from the date of your subscription purchase.

1. 14-Day Prorated Money-Back Guarantee

  • Subscription Refund:  We provide a prorated refund for both monthly and annual subscriptions if you decide to cancel your subscription within fourteen (14) days from the purchase date. This prorated refund will be calculated based on the number of days the subscription was active before cancellation. Stripe’s processing fees will also be deducted from the refund amount. This policy ensures fairness to both our customers and our service, acknowledging the value provided before cancellation.

To request a refund, please contact FreedX Support through the “Contact Us” or “Support” function available on our platform, or by emailing support[at]freedX.ai. Upon processing your refund request, the refunded amount will be credited back to you using the same payment method used for the subscription purchase.

2. Processing Refunds

  • Payment Processing: Refunds will be processed by FreedX through Stripe, our chosen payment processing partner. It is important to note that the refund will be issued to the original payment method used at the time of purchase.

3. Refund Timeline

  • The refund process will be initiated within a reasonable timeframe upon receiving your request for cancellation and refund. Please allow up to 10 business days for the refund to be reflected in your account, depending on your bank or payment service provider’s policies.

4. Limitation

  • This 14-day money-back guarantee is designed to ensure your satisfaction with our services. However, FreedX reserves the right to refuse a refund request in cases of suspected abuse of this policy, such as multiple refund requests for the same subscription by the same customer.

7. Confidentiality

  1. In the context of this clause 6, “FreedX Confidential Information” encompasses all nonpublic information shared by FreedX, its affiliates, business partners, or their employees, contractors, or agents that is marked as confidential or should reasonably be considered confidential based on the nature of the information or the circumstances of its disclosure. FreedX Confidential Information includes, but is not limited to:
    1. Nonpublic details about FreedX’s or its affiliates’ or business partners’ technology, customers, business strategies, marketing initiatives, financial data, and other business-related information;
    2. Information from third parties that FreedX is obligated to keep confidential;
    3. The existence, content, and nature of any discussions or negotiations between you and FreedX;
    4. Information about our web pages, software, data, technology, solutions, or intellectual property;
    5. Other FreedX information, except for information that:
      1. Becomes public knowledge through no breach of this Agreement;
      2. Is conclusively proven to have been known to you prior to receiving it from FreedX;
      3. Is obtained from a third party who did not acquire or disclose it through wrongful or unlawful means;
      4. Is conclusively proven to have been independently developed by you without using FreedX Confidential Information.
  2. You are permitted to use FreedX Confidential Information solely in relation to the Services provided under this Agreement and according to the terms of this Agreement.
  3. You are obligated to take all reasonable steps to prevent the disclosure, dissemination, or unauthorized use of FreedX Confidential Information, at least to the same extent as you would to protect your own similar confidential information.
  4. You agree not to:
    1. Disclose FreedX Confidential Information during the term of this Agreement or for a ten-year period following its termination;
    2. Issue any press releases or make any public communications regarding this Agreement;
    3. Misrepresent or exaggerate the nature of your relationship with us, including implying that FreedX supports, sponsors, endorses, or contributes to your business ventures, or imply any relationship or affiliation with us or our affiliates, except as explicitly allowed in this Agreement.

8. Your Representations and Warranties

  1. You affirm that the declarations and guarantees you have made in this Agreement are truthful, accurate, complete, and not misleading, starting from the Effective Date. Each time you make the Advance Service Fee payment, use our Services, or undertake any action related to this Agreement, you reaffirm these declarations and guarantees as of that specific date. 
  2. Should any change in your jurisdiction or other circumstances render these declarations and guarantees incorrect or misleading, you agree to promptly inform us and discontinue using the Services as quickly as feasible. In such cases, we may return a portion of the Advance Service Fee proportionate to the time you utilized our Services.
  3. Your representations and warranties are as follows:
    1. You possess all necessary rights, legal capacity, power, authority, and qualifications to enter into and fulfill this Agreement. No external consent or waiver is required for you to execute, deliver, and perform this Agreement.
    2. This Agreement constitutes a legally binding and enforceable agreement against you, in line with its terms. You have reviewed this Agreement, agree with its terms, and intend to abide by its provisions.
    3. If an individual, you confirm you are at least 18 years old.
    4.  If representing a corporation, partnership, limited liability company, trust, or other entity:
      1. Your entity is duly organized, validly existing, and in good standing under the laws of its jurisdiction.
      2. Your entity has the corporate power to conduct its current business.
      3. Your entity is qualified to do business in all jurisdictions where such qualification is necessary.
      4. Your entity is authorized and qualified to enter into this Agreement and fulfill its obligations herein.
      5. The person signing this Agreement on behalf of the entity is duly authorized to do so.
      6. This Agreement has been duly executed and delivered on behalf of your entity.
  4. You are fully aware of and comply with:
    1. Legal and regulatory requirements in your jurisdiction related to managing Crypto Funds.
    2. Any applicable foreign exchange restrictions.
    3. Relevant tax considerations under the tax laws applicable to you.
  5. You are not a ‘Prohibited Person,’ meaning:
    1. You are not from or associated with any entity or individual on any Sanctions List.
    2. You do not engage in transactions with any parties on any Sanctions List.
    3. You are not based in a jurisdiction subject to sanctions by the United Nations, United States, European Union, or the United Kingdom.
  6. You initiated contact with us and we have not actively marketed or promoted our services in your jurisdiction.
  7. You have lawfully acquired the Crypto Funds and the funds used to obtain them.
  8. Your Crypto Funds are free from any claims or encumbrances that could limit our ability to provide you with Services. These funds are not derived from criminal activities.
  9. All information you have provided to us is truthful, valid, accurate, not misleading, and complete.
  10. Our Services do not constitute a regulated activity in your jurisdiction and do not require special permits or licenses.
  11. You will not use our Services for activities that violate any applicable laws in relevant jurisdictions.
  12. You, or your advisor or consultant, have the necessary expertise in financial, tax, and business matters to assess the merits and risks of entering into this Agreement.
  13. You have sufficient resources to meet your current needs and potential emergencies, and can bear all risks associated with using our Services, including the total loss of your Crypto Funds.
  14. You understand the importance of complying with security requirements for your wallet software or service provider.
  15. You intend to maintain control over your Crypto Funds and Account and will not share or disclose your account credentials.
  16. You are solely responsible for any restrictions and risks associated with using our Services and managing your Crypto Funds.
  17. You understand that we are not liable for generating a positive return on your Crypto Funds, and their value may decrease.
  18. You acknowledge and accept all risks, limitations of FreedX’s liabilities, disclaimers, and indemnification obligations as set forth in this Agreement.

9. Terms, Amendments and Termination

  1. This Agreement becomes active from the Effective Date and remains in effect until terminated by either you or us, as outlined in this section. 
  2. Termination can be initiated by either party by giving a minimum of 10 days’ written notice. Additionally, we reserve the right to terminate this Agreement immediately if you are identified as a Prohibited Person, or if you cancel your PayPal subscription associated with our Services.
  3. Consequences of Termination:
    1. All of your rights under this Agreement will cease immediately upon termination.
    2. You are required to promptly return or, if directed by FreedX, destroy all Confidential Information in your possession.
    3. We will remove your API keys from our Services.
    4. We reserve the right to collect any unpaid Service Fees from your Crypto Fund up to the date preceding the termination of this Agreement.
    5. Certain clauses of this Agreement, specifically clauses 4, 6, 7, 10, 11, 12, 13, along with all definitions contained within this Agreement, will continue to be in effect according to their terms even after termination.
  4. FreedX has the authority to revise or modify this Agreement at any time at our discretion. Any changes made will be communicated either through direct notification or by updating the ‘Last Updated’ date at the start of this Agreement.
  5.  

10. Responsibility for Taxes

  1. You are entirely responsible for accurately calculating, reporting, collecting, and paying all taxes, as well as complying with all relevant laws related to your use of the Services. 
  2. FreedX does not bear responsibility for ensuring your compliance with tax laws.
  3. Both the Advance Service Fee and the regular Service Fee are charged exclusive of any applicable taxes. If you are required to withhold any taxes or duties from payments made for these fees, you must increase the payment amount so that the net amount received by FreedX is equivalent to the full fee amount, as if no taxes or withholdings were applied.
  4. In instances where tax amounts are withheld, you agree to provide FreedX with the necessary documentation proving that these withheld amounts have been duly paid to the appropriate tax authority.

11. Scope Out of Liability

  1. Except in cases of intentional wrongdoing, gross negligence, bad faith, or a blatant disregard for our obligations and duties under this Agreement, FreedX and its affiliates will not be liable to you or your affiliates for any form of damages, whether direct, indirect, incidental, special, punitive, consequential, or exemplary. This includes damages for loss of profits, goodwill, use, or data, even if FreedX has been advised of the possibility of such damages. Additionally, FreedX and its affiliates will not be responsible for compensating or reimbursing any damages related to:
    1. Your inability to use the services, including due to the suspension or termination of the FreedX network or this Agreement, or due to power outages, maintenance, defects, system failures, or other interruptions.
    2. Costs incurred in procuring substitute goods or services.
    3. Any investments, expenditures, or commitments by you in connection with this Agreement or your use of our services
    4. Unauthorized access, alteration, deletion, destruction, damage, loss, or failure to store any data, including account records, private keys, login information, or other credentials associated with the services.
    5. Defaults by any counterparty, bank, broker, custodian, sub-custodian, exchange, or other third parties involved in holding or processing cryptocurrency funds or documents of title related to the account.
  2. The total liability of FreedX and its affiliates under this Agreement is limited to the amount you paid to FreedX for the services in USD.
  3. You and your affiliates waive any right to demand the return of any amounts paid to FreedX for the services, including demands for specific performance.
  4. You and your affiliates assume all risks of loss associated with the risks outlined in this Agreement.
  5. The software and other IT technologies provided by FreedX are offered ‘as is.’ FreedX and its affiliates make no guarantees or warranties, express or implied, statutory or otherwise, regarding the software, IT technology, or any third-party content you use. This includes guarantees of uninterrupted service, error-free or harmless components, or the security of content, including yours or third parties’. All warranties, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising from dealings or trade usage, are disclaimed by FreedX and its affiliates to the extent allowed by law.
  6. FreedX is not responsible for any casualties due to vulnerabilities, failures, abnormal behavior of software, blockchains, or other features of the software and IT technology. This also includes casualties due to delayed or unreported issues by developers or representatives.
  7. FreedX will not be liable under any legal theory, including contract, negligence, or strict liability, for any indirect, exemplary, incidental, special, or consequential damages; for loss of use, inaccuracies, or costs of substitute goods, services, or technology; for loss of profits, data, or business interruption; or for any matters beyond our reasonable control, whether or not foreseeable, even if we have been advised of the possibility of such loss or damage, and even if a remedy herein has failed its essential purpose.

12. Indemnification

  1. You agree to indemnify, compensate, defend, and hold harmless FreedX, along with our partners, shareholders, members, directors, officers, employees, affiliates, agents, and any controlling persons, as well as their successors and assigns, from any losses, damages, expenses, liabilities, or claims, including reasonable legal fees and investigation costs. This indemnification applies particularly if such losses or claims arise from: (a) any false or alleged false statements of important facts, or your breach of any warranties or representations made in this Agreement; (b) your inability to fulfill your obligations, agreements, duties, or covenants as stipulated in this Agreement; or (c) your failure to adhere to applicable laws, rules, or regulations from any governmental or self-regulatory body related to the content of this Agreement.
  2. If FreedX or its affiliates are required to respond to a third-party subpoena or any other mandatory legal order or process as mentioned above, you and your affiliates will reimburse FreedX for reasonable legal fees, as well as the time and materials of our employees and contractors involved in responding to such legal requests, at fair hourly rates.
  3. FreedX will promptly inform you of any claim under clause 10.1, but any delay in this notification will only affect your obligations under this clause to the extent that it impacts your ability to defend against the claim.
  4. You and your affiliates have the option to:
    1. Choose your own legal counsel (subject to FreedX’s written approval) for defense against any claim; and
    2. Settle the claim as you see fit, provided you obtain prior written consent from FreedX before agreeing to any settlement terms.
  5. FreedX reserves the right to take over the defense and settlement of the claim at any time.

13. Dispute Resolution

BY DIGITALLY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS SECTION AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND FREEDX.

    1. For the purposes of this Arbitration Section, “Claim” refers to any dispute, contention, or controversy, whether based on contract, tort, or other legal grounds, arising from or related to this Agreement or the relationship between FreedX and you. This includes claims existing before or after the Agreement’s date, as well as those not part of any current class action litigation in which you are a member. This term encompasses claims brought in various forms such as counterclaims, crossclaims, or third-party claims, and disputes over this Agreement’s or this Arbitration Section’s validity or enforceability.
    2. Claims will be resolved through binding arbitration, conducted in accordance with the rules of an arbitration institution recognized in Estonia, applicable at the time a Claim is filed. Arbitration under this Agreement will be on an individual basis, with no allowance for class arbitrations or class actions. Information on initiating arbitration can be obtained from the selected Estonian arbitration institution. Any arbitration demands or claims against us should be sent to [email protected]
    3. The arbitration will be conducted by a single, neutral arbitrator, who will be either a retired judge or a lawyer with substantial experience. In-person arbitration hearings will be held in a location mutually agreed upon by both parties in Estonia. The arbitrator will apply substantive Estonian law and, upon request, provide written findings of fact and conclusions of law. The arbitrator has the authority to grant any relief permissible under Estonian law. Any Estonian court can enforce the arbitrator’s award. Decisions by the arbitrator are final and binding, except for any rights of appeal provided under Estonian law.
    4. The arbitrator’s decision will be final and binding except that: (1) any Party may exercise any appeal right under the FAA; and (2) any Party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding, except for any appeal right under the FAA.
    5. YOU AND FREEDX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator will not have the power to consolidate more than one person’s claims or to preside over any class or representative proceeding.
    6. If any part of this Arbitration Section is deemed invalid or unenforceable for any reason, it will not affect the validity of the remaining portions of this section. The terms of this Arbitration Section will prevail in case of any conflict with other provisions.
    7. BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The parties acknowledge that arbitration will limit legal rights, including the right to participate in a class action, the right to a jury trial, and the right to conduct full discovery or to appeal, except as allowed under Estonian law. 
    8. This Arbitration Section will survive the termination of this Agreement. In the event that a dispute does not proceed to arbitration, this Agreement and all aspects of your use of the Service will be governed by and construed in accordance with Estonian law. You agree to notify us in writing of any claim or dispute concerning or relating to the Service and give us a reasonable period to address it before initiating any legal action.

14. Miscellaneous Provisions

  1. Successors and Assigns: This Agreement will be binding on the Parties’ successors and assigns.
  2. Waiver: The failure or delay by us in exercising any right, power, or privilege under this Agreement should not be assumed as a waiver of such right. The enforcement of any right or remedy in this Agreement by us is done without surrendering the right to enforce other rights or remedies provided by law or as outlined in this Agreement. Any non-enforcement or delay in enforcement of any part of this Agreement by FreedX and its affiliates does not equate to a waiver of that part, nor does it affect their ability to enforce that part at any future time. Any waivers granted by FreedX must be explicit and in written form to be valid.
  3. Notices: All required or permitted written notices and communications under this Agreement will be considered valid and effective once received and acknowledged by the recipient. Such notices should be sent via email to “[email protected]”. Sending legal notices to any other address does not fulfill the obligation to notify us. We will send all notices and communications to you at the email address you provided during registration. These are considered effectively delivered once sent. You confirm that you manage the email account you have provided to us, which may receive sensitive and confidential information from us. It is your responsibility to keep your registered email address current, following the provided instructions within the service to update it if necessary.
  4. No Third-Party Beneficiaries: This Agreement is solely for the benefit of the parties involved and does not grant any rights or advantages to any external third parties.
  5. Governing Law: The laws of Estonia, excluding any principles of conflicts of law, will govern and interpret this Agreement and any actions or proceedings that arise from or relate to this Agreement, with particular application to the jurisdiction of Harju, Estonia
  6. Attorney’s Fees: In the event of a claim arising from or connected to this Agreement, the party that wins the dispute shall be entitled to have all their incurred fees, costs, and expenses, including reasonable fees for attorneys and accountants, reimbursed by the party that does not prevail.
  7. Force Majeure: If either party is unable to perform their obligations under this Agreement due to circumstances beyond their reasonable control, they will not be held liable for any delays or failures in performance. This exemption applies only if such circumstances could not have been avoided by reasonable foresight or mitigated by alternative solutions, plans, or methods. Events that fall under this category include, but are not limited to, labor strikes, resource shortages, supplier failures, civil unrest, fires, natural disasters, acts of God, wars, government actions, widespread health emergencies, and significant power disruptions.
  8. Severability: Should any part of this Agreement be deemed unlawful, unenforceable, or invalid, either wholly or in part, for any reason, the rest of the Agreement shall continue to be valid and enforceable. In such instances, the unenforceable or invalid parts will be reinterpreted to reflect as closely as possible the original intentions. Where this re-interpretation is not feasible, only the invalid or unenforceable parts will be excluded from the Agreement, leaving the remainder in effect.
  9. Survival: The conclusion of this Agreement does not absolve any Party from responsibilities or liabilities that are either explicitly intended to persist post-termination or which are yet to be fulfilled.
  10. Counterparts: This Agreement is made in two identical copies, one for each Party, with both copies being considered original documents.
  11. Entire Agreement:This Agreement represents the complete and exclusive understanding between the parties regarding its subject matter, superseding all prior agreements, commitments, representations, and communications, whether written or oral. FreedX reserves the right to amend this Agreement, which may be communicated through email, notifications on the FreedX Platform, or by updating the “Last Updated” date in this document. Your continued use of the FreedX Platform after such modifications implies your acceptance of the revised terms. If you disagree with any changes to this Agreement, you should discontinue using the FreedX Platform. Regularly reviewing the General Terms is recommended to stay informed about the current terms and conditions governing your use of the FreedX Platform.
  12. Security and data privacy: In matters of security and data privacy, this Agreement, together with FreedX’s Privacy Policy, outlines the full extent of our obligations and commitments to protect and maintain the confidentiality of your personal information. The terms of this Agreement supersede any other agreements or provisions that may have been proposed by you in any form, including orders, receipts, confirmations, or communications, especially if they differ from or add to this Agreement’s terms. By agreeing to these terms, you give your consent for us to share any information you’ve provided to us, as well as additional information we may hold, with government bodies, regulatory organizations, or other entities as legally required.
  13. Language: The primary language of this Agreement is English. Although translations of this Agreement might be available on our website, in cases of discrepancies or conflicts between the translations and the English version, the English version will take precedence.

 

SIGNED ELECTRONICALLY BY THE PARTIES

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