1. Introduction

Otisar Ventures LTD, a company incorporated in United Kingdom ("Danklav," "Company," "us," or "we"), provides www.danklav.com and the other websites under the danklav.com domain (collectively, the "Sites"), and our SaaS product, security monitoring software, tools, and related services (together with the Sites, the "Service") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service" or the "Agreement").

If you have suggestions that can help us improve this Agreement or any questions about it, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Service in any way, you are agreeing to comply with these Terms of Service, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Sites.

If you have questions regarding this Agreement or about Danklav, please contact us.

2. Acknowledgement and acceptance of terms

In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in the Terms of Service. By using the Service or accessing the Sites, you agree to the Terms of Service and the Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.

Our Service may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.

Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time; your use of such Service is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Danklav site. Danklav shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

3. Eligibility

The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child's use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.

If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a company or other legal entity.

4. Account information

To use the Service, you will need to register and create an account (including your full name and email address) and provide payment information as well. Danklav accounts will give you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a Danklav account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to Danklav with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account. For more information, please read our Privacy Policy.

5. What we own

Except for User Content (defined below), all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the "Content"), including but not limited to the design, structure, arrangement, and "look and feel" of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.

Other than as provided herein, Danklav does not grant to user any license, express or implied, to the intellectual property of Danklav or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

Subject to the terms and conditions of this Agreement, Danklav provides you with a non-exclusive, revocable license to use the Service as expressly permitted by the features and functionality of the Service and the Terms of Service. Danklav may terminate this license at any time for any reason or no reason.

6. User Content

You may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Danklav under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Danklav does not waive any rights to use similar or related Feedback previously known to Danklav, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

7. Rules

Your obligations to end users:

1. Roles. Danklav is a "service provider" to you, and you are a "customer" of our Services irrespective of whether you pay fees to obtain the Services. Any natural persons accessing or using your Danklav account, the websites, pages, features, or content created by you on our Services are deemed your "end users". Danklav does not have a direct relationship with any of your end users, therefore Danklav is not responsible for how you handle end user information.
2. Applicable laws. You may have additional obligations under local law other than those described in this Terms of Service, particularly if you or your end users are located outside of the United States. Such obligations may be more restrictive than this Terms of Service. Use of the Services does not ensure compliance with such laws, nor is Danklav responsible for your compliance with such laws. To the extent Danklav has any obligations to assist you with handling end user information, such obligations are enumerated within a Data Processing Agreement executed between Danklav and you.
3. Security safeguards. You will use all reasonable efforts to protect information collected from end users via your use of the Services, including any personal information obtained from unauthorized access or use. In the event you discover that the end user information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify Danklav promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.
4. Security notification. You are responsible for providing notification to your end users, third parties, or authorities under the applicable breach notification statutes and any other applicable data protection laws. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Services.
5. Notice. You acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from end users in connection with any use of the Services. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any end user information, you must provide adequate notice of the end user information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services.
6. Privacy. You will provide and adhere to a privacy policy for your use of the Services that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all end users, and (iii) clearly and accurately describes to end users what information you collect (such as login information, contact form data, cookies, etc.) and how you use and share such information (including for marketing and advertising) with Danklav and other third parties.
7. Privacy rights. You will respond to any end users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if end users located in certain jurisdictions may exercise a "right to be forgotten" (or "erasure") to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you are directly responsible (or, the "data controller") for the information processed by your use of the Services, including any information processed via third-party applications available on the Services. Danklav is not a data controller to such information and is not responsible for responding to end users on your behalf. To the extent Danklav receives a request from an end user or authority about your use of the Services, Danklav will notify you as permitted by law.

Use of the Service

1. Your use of the Service is subject to all applicable laws and regulations.

2. You may not:

• Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
• Attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password "mining", or any other illegitimate means;
• probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service;
• reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor;
• transmit spam, chain letters, or other unsolicited email;
• take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• upload invalid data, viruses, worms, or other software agents through the Service;
• impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;
• disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information);
• use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person's use of the Service;
• conduct, engage in or otherwise process end user information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes;
• use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or;
• store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and credit card information.

3. Any unauthorized use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

8. Third-party content

User Content. We are not responsible for and do not necessarily hold the opinions expressed by content contributors and third parties; such opinions and other statements are theirs alone, not opinions of Danklav. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, Danklav is not undertaking any obligation or liability relating to the content. Danklav and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Danklav reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.

Links. We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third-party website.

9. Billing and payment

Users of the Service may be required to provide their credit card details to Company or the payment service provider retained by Company. Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes required to be paid on the Service provided under the Agreement (other than taxes on the Company's income).

All paid plans must enter a valid payment account.

For monthly payment plans, the Service is billed 1. at a minimum rate in advance on a monthly basis and is non-refundable and 2. at the end of a service month based on actual usage.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

10. Privacy

Our Privacy Policy applies to the use of the Service and its terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

11. Disclaimer of warranties and limitation of liability

The service and all content are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.

Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our "affiliates") be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.

To the maximum extent permitted by applicable law, Danklav assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by Danklav on your behalf; (v) any interruption or cessation of transmission to or from the service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (viii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Danklav, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding one dollar.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Danklav has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

12. Changes to the Service, termination, and indemnity

Danklav is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.

You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys' fees) made against us by any third party due to or arising out of your User Content, use of the Service, violation of these Terms of Service, or violation of any rights of another.

13. Amendments, notification procedures, and changes to the Agreement

We reserve the right, in our sole discretion, to modify, update, or change the Terms of Service ("Updated Terms") from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will update the "last modified" date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. Danklav is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. Danklav may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Danklav in our sole discretion. Danklav reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contact us. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

14. Dispute resolution

Informal negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this agreement ("dispute"), you and Danklav agree to first attempt to negotiate any dispute (except those disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Danklav. Danklav's address for such notices is [email protected].

You and Danklav agree that for any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, London, UK have exclusive jurisdiction and you and Danklav agree to submit to the personal jurisdiction of such courts.

15. Miscellaneous

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Danklav without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Governing law, international use, and users. The Terms of Service will be governed by and construed in accordance with the internal laws of the United Kingdom, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in London, UK, and waive any objection to such jurisdiction or venue. The Service is controlled and operated from its facilities in the United Kingdom. Although the Service may be accessible worldwide, we make no representation that the Service or the materials on the Service are appropriate or available for use in locations outside the United Kingdom, and accessing the Service from territories where its use is illegal is prohibited. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations.

Entire agreement/severability. The Terms of Service represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

No waiver. Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

Attorneys' and accountants' fees, remedies. In any action to enforce the Terms of Service, the prevailing party shall be entitled to attorneys' and accountants' fees and costs.

You agree that Danklav's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Danklav shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Danklav may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Danklav shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.

No instance of waiver by Danklav of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.