1. Acceptance of Terms of Service

1.1. The access and use of the site www.oratastic.eu (Oratastic) and the services that are available on it (Services) are governed by these Terms of Service (Agreement).

1.2. This is a legally binding agreement. If you do not agree to this Agreement and Privacy Policy, or, if you do not understand this Agreement or Privacy Policy, you are not authorized to access and/or use any of the Services.

1.3. If you are accessing and/or using Services, you confirm that you understand and agree to this Agreement.

1.4. Any direct agreements between you or your organization and “Vārdu vārti” LLC. govern the use of Oratastic Services over these Terms of Services.

2. Types us Users

2.1. Services can be used by:

2.1.1. Individual users (Individual Users);

2.1.2. Legal entities that have subscribed to the Services on behalf of a group of individual users, e.g. students or employees (Enterprise Subscribers);

2.1.3. Individual users that have been authorised by Enterprise Subscribers to use the Services (Authorised Users);

2.2. If you are an Individual User, this Agreement is between you as an individual and “Vārdu vārti” LLC.

2.3. If you are an Authorized User and represent (e.g. as a student or employee) an entity that has subscribed to the Services (Enterprise Subscriber), this Agreement is between you as an individual and “Vārdu vārti” LLC but Enterprise Subscriber is jointly responsible for your use of Services.

2.4. If you want to use Services on behalf of an Enterprise Subscriber, you will need to prove that you have authorisation from the Enterprise Subscriber by entering the voucher code provided by the Enterprise Subscriber.

Rights and obligations of users

3.1. If you are Individual User, and you accept this Agreement and have paid applicable Fees (as defined below), you are entitled to a limited personal, non-exclusive, non-sublicensable and non-transferable use of Services solely for your own personal purposes.

3.2. If you are an Enterprise Subscriber, and you accept this Agreement and have paid applicable Fees (as defined below), you are entitled to a limited non-exclusive, non-sublicensable and non-transferable use of Services solely for your internal purposes, including the permission of Service use for such number of Authorized Users as has been agreed between you and “Vārdu vārti” Ltd.

3.3. By registering to any of the Services Enterprise Subscribers agree to the following:

3.3.1. The total number of Authorized Users may not exceed the maximum number authorised and purchased from “Vārdu vārti” Ltd.;

3.3.2. Authorized Users may not transfer their access rights to the Services to any third party;

3.3.3. Enterprise Subscribers and Authorized Users have a joint responsibility about the use of the Site and Services in compliance with the terms and conditions of this Agreement.

3.3.4. The violation of the terms of this Agreement by any of your Authorized Users shall be deemed to be your violation.

3.4. If you are an Authorized User, and you accept this Agreement and your Enterprise Subscriber has paid applicable Fees (as defined below), you are entitled to a limited personal, non-exclusive, non-sublicensable and non-transferable use of Services solely for the purposes of your Enterprise Subscriber.

3.5. Users may not:

3.5.1. Falsely impersonate other persons and provide false affiliations with Enterprise Subscriber;

3.5.2. Attempt to access the source code or architecture of any software used for Services;

3.5.3. Attempt to probe, scan or test the vulnerability of any system or network that is providing the Services;

3.5.4. Automate access to the Services through the use of APIs, bots, scrapers or other similar devices;

3.5.5. Attempt to circumvent the blocking by “Vārdu vārti” Ltd. in a case if such blocking has been applied against you;

3.5.6. Access a content or data that are not intended for you;

3.5.7. Download and/or store any Oratastic’s intellectual property;

3.5.8. Copy or create derivative works that are based on Services;

3.5.9. Distribute, transmit, publish or otherwise disseminate any Oratastic’s intellectual property;

3.5.10. Transfer any of your rights under this Agreement to any third party;

3.5.11. Transmit to us through e-mail or other available communication channels any content that:

3.5.11.1. infringes any intellectual property or other proprietary rights of any party;

3.5.11.2. contains any malicious code that is designed to harm the functionality of any software or hardware;

3.5.11.3. creates or may create a privacy or security risk to any person or entity; or

3.5.11.4. is otherwise objectionable.

4. Registration

4.1. By registering to any of the Services you agree to the following:

4.1.1. You will subscribe to your selected Services;

4.1.2. You will provide complete and accurate registration information;

4.1.3. You will inform “Vārdu vārti” Ltd. about any changes in information;

4.1.4. You will subject to the terms and conditions of this Agreement.

4.2. “Vārdu vārti” Ltd. is not liable about any loss or damages that are caused by your misuse of your user IDs, passwords, and voucher codes. It is solely your responsibility to use your user IDs, passwords, and voucher codes properly.

4.3. You shall immediately inform “Vārdu vārti” Ltd. if you have any reason to believe in unauthorized use of any passwords and/or voucher codes that are issued by “Vārdu vārti” Ltd.

4.4. “Vārdu vārti” Ltd. has the rights to request to you for the change of your password and/or voucher codes and you should comply with such requests.

5. Payment for Services

5.1. Your access to our Services is contingent upon your payment of all the applicable fees as outlined on the Site (“Fees”).

5.2. If you are an Authorized User, your access to our Services is contingent upon the payment of the Fees by your Enterprise Subscriber.

5.3. Unless you are an Authorized User, during the registration for our Services you will be required to enter the necessary data for a valid payment process. With this registration, you authorize “Vārdu vārti” Ltd. to charge all Fees for your selected Services using the terms and conditions that are set by the applicable payment method.

5.4. “Vārdu vārti” Ltd. has a right to revise its Fees. At least ten (10) days before this “Vārdu vārti” Ltd. should issue a notice to all Individual Users and Enterprise Subscribers, sending this notice to the most recently provided e-mail address of every Individual User and Enterprise Subscriber as well as posting it on the Site. You will be deemed to have received this notice on the day it was posted to you and on the Site. Your use of the Services after the ten (10) day notice period will constitute your acceptance of the revised Fees. You can cancel your subscription by following the cancellation instruction below in a case when you do not agree to the revised Fees.

5.5. Enterprise Subscribers have a limited-service period that is explicitly stated in an agreement between “Vārdu vārti” Ltd. and each Enterprise Subscriber.

5.6. Individual Users have a subscription that is renewed automatically in order to provide uninterrupted Services. Individual Users authorize “Vārdu vārti” Ltd. to charge Fees for the next renewal period in accordance with the selected payment method at the time when the current subscription period ends.

5.7. You can cancel your subscription at any time by following the cancellation instruction below.

6. Termination and refund policy

6.1. Subscribers may cancel their subscriptions at any time. Only authorized representatives of an Enterprise Subscriber may cancel the account of the Enterprise Subscriber.

6.2. Subscribers after the subscription renewal date do not receive a refund of amounts that have been charged. Fees that have been paid for the Services, are not refundable.

6.3. The cancellation will become effective after the end of the subscription period and the Subscriber may use the Services until the end of the subscription period.

6.4. If you conduct any activities that violate this Agreement or other rights of “Vārdu vārti” Ltd., or any third party, “Vārdu vārti” Ltd. may deny you the access to the Services or terminate your account.

6.5. If you are an Authorized User and the Services to your Enterprise Subscriber are terminated, “Vārdu vārti” Ltd. upon your written request may change the status of your account to the account of an Individual User and since this moment the status of an Individual User is applied to your account.

6.6. Agreements between “Vārdu vārti” Ltd. and Enterprise Subscribers may be terminated by any party in a case when the other party has broken the terms of this Agreement and within thirty (30) days after receipt of notice has not remedied breach of this Agreement. If the breach of the Agreement is the fault of “Vārdu vārti” Ltd., “Vārdu vārti” Ltd. shall refund the Fees for the remaining term, if Fees have been paid in advance.

6.7. The termination of your account leads to ceasing of your right to use the Services and the content in your account will be deleted.

7. Accessibility of Services

7.1. “Vārdu vārti” Ltd. has no responsibility about the availability of equipment, telecommunication services and other services of third parties that are necessary for your access to the Services.

7.2. It is your responsibility to inform “Vārdu vārti” Ltd. in a case when other persons have gained the control over your equipment and may access the Services. In such case, upon your written request, “Vārdu vārti” Ltd. may terminate your previous account and issue a new one.

8. Additional Software

8.1. Oratastic may offer to you software for download (Additional Software). You may install and use Additional Software on computers that are owned, leased, or otherwise controlled by you, solely in conjunction with your authorized use of the Services.

8.2. Upon expiration or termination of this Agreement for any reason, you must stop using the Additional Software and immediately destroy all copies in your possession.

8.3. Additional limitations, terms, and/or conditions (“Specific Terms”) may apply to certain Services (including Additional Software). “Vārdu vārti” Ltd. will inform you about the applicable Specific Terms.

9. Third party sites and components

9.1. For your convenience the Site may include links to third party websites. Your interaction with any third party websites is entirely at your own risk and “Vārdu vārti” Ltd. plays no role in this interaction.

9.2. “Vārdu vārti” Ltd. shall have no liability for any loss or damages that arise from the use of third party websites.

9.3. “Vārdu vārti” Ltd. does not warrant the accuracy or authenticity of the content on third party websites.

9.4. Our Services or software may use or contain the software that has been created by third parties (“Third Party Components”). Third Party Components may include separate licensing terms. If these terms contradict or otherwise conflict with this Agreement, the terms of the Third Party Components may supersede the terms of this Agreement. “Vārdu vārti” Ltd. will inform you about such terms of the Third Party Components.

10. Consent to receive e-mails

10.1. If you are located in the European Economic Area (EEA), you will receive e-mail communication for marketing proposals from “Vārdu vārti” Ltd. only in a case of your prior consent. You can refuse your consent at any time by clicking the “unsubscribe” link in the e-mails from “Vārdu vārti” Ltd. Nevertheless, every user will receive e-mails about issues regarding their accounts and their use of Services.

10.2. If you are located outside the European Economic Area (EEA), your registration to use the Site and/or Services constitutes your consent to receive e-mail communications from “Vārdu vārti” Ltd. You can refuse of e-mail communications at any time by following the link included in the e-mail messages. In such case, you will receive only e-mails about issues regarding your account and your use of Services.

11. Data collection and privacy

1.1. The handling of your personal information is outlined in the “Privacy Policy” which is an integral part of this Agreement. Your consent to this Agreement confirms your consent to the Privacy Policy.

12. Property rights

12.1. All intellectual property rights in and to the Site and Services are the property of “Vārdu vārti” Ltd.

12.2. “Vārdu vārti” Ltd. may acknowledge your voluntary suggestions sand recommendations for the improvement of Site and Services (“Feedback”). All Feedback is exclusive property of “Vārdu vārti” Ltd. and “Vārdu vārti” Ltd. can use the Feedback as it deems appropriate.

13. Warranty disclaimer

13.1. Your use of the Site and Services are at your own risk and the Site and Services are provided on an “as is”, “where is”, “as available”, and “with all faults” basis, without warranties of any kind, either express or implied.

13.2. “Vārdu vārti” Ltd. does not warrant that the operation of the Site and Services will meet your requirements or will be uninterrupted or error-free. “Vārdu vārti” Ltd. disclaims any and all warranties and conditions, express or implied, regarding the Site and Services.

14. Limitation of liability

14.1. In no event “Vārdu vārti” Ltd. shall be liable concerning the Site and Services for the following:

14.1.1. Any amount that exceeds the Fees that you have paid to “Vārdu vārti” Ltd. during the 12 months preceding the events that gave rise to this liability;

14.1.2. Any lost profits or failure to meet any duty;

14.1.3. Any other damages of any kind.

14.2. Hereby you agree that the Site and Services would not be provided without this limitation of liability and this serves as a basis for the bargain between “Vārdu vārti” Ltd. and you.

15. Changes of Agreement

15.1. “Vārdu vārti” Ltd. reserves the right at any time to:

15.1.1. Make modifications to any information, functions, and features of the Site and Services on it;

15.1.2. Discontinue any of the Services or any separate features or content of the Services.

15.2. “Vārdu vārti” Ltd. will apply reasonable efforts to notify you about any planned changes to the Services that, according to the opinion of “Vārdu vārti” Ltd., may adversely affect the availability of Services to which you have subscribed.

15.3. “Vārdu vārti” Ltd. may update or revise this Agreement. In such cases “Vārdu vārti” Ltd. will notify you by sending the updated Agreement to your most recently provided e-mail address, and the updated Agreement will be posted on the Site. Your continued use of Services and the Site after these updates and revisions will affirm your agreement to the updated Agreement.

15.4. “Vārdu vārti” Ltd. will refund your Fees for the remaining term if these Fees have been paid in advance in a case when you cancel your subscription within ten (10) days after the notification from “Vārdu vārti” Ltd. about the changes of Agreement.

16. General provisions

16.1. This Agreement is governed by the laws of Latvia, without regard to any choice of law, conflicts of law, or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action or proceeding relating to this Agreement shall be instituted in a court in Latvia.

16.2. You are permitted to pursue claims against “Vārdu vārti” LLC only on your behalf and not as a plaintiff or a member of any representative action or proceeding. Thus, you are permitted to seek relief only on your behalf.

16.3. You may not transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of “Vārdu vārti” Ltd.

16.4. If some parts of this Agreement do not apply in your state or region, this invalidity should not affect the validity of the remaining parts of this Agreement.

16.5. This Agreement supersedes any prior unwritten communications and proposals between “Vārdu vārti” Ltd. and you.