InfluencerMenu Terms and Conditions



Welcome to https://influencer.menu/. The terms and conditions set out below govern your use of the InfluencerMenu Website, the InfluencerMenu Delivery App and the software contained within it (the "Terms and Conditions"), and this is a legally binding agreement made by and between you and SCODE Ltd. Other terms and conditions, policies and guidelines may also apply to you to govern your use of the InfluencerMenu Service, depending upon how you use and/or access the InfluencerMenu Service.

By accessing, using or registering with the InfluencerMenu Service all around the world, this agreement is made between you and SCODE Ltd., a company registered with the Trade Register of the Republic of Bulgaria under CIN 200577616, with a registered office at: 2 Yakubitsa str., 1164 Sofia, Bulgaria. SCODE Ltd., together with its parents, subsidiaries and affiliates are collectively referred to herein as "InfluencerMenu", "we", "our" or "us". For the purposes of these Terms and Conditions, "affiliate(s)" means any entity that controls, is controlled by or is under common control with InfluencerMenu.

Please read these Terms and Conditions carefully before accessing, using or registering with the InfluencerMenu Service. By accessing, using or registering with the InfluencerMenu Service, or by making any subscriptions or purchase of a standard or custom InluencerMenu product or service, or by using, downloading and installing the InfluencerMenu Delivery Appand/or the InfluencerMenu Delivery AppService, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should not access, use or register with the InfluencerMenu Service, complete a purchase of a standard or custom InluencerMenu product or service, download or install the InfluencerMenu Delivery App or, if already installed, you should stop using the InfluencerMenu Service and, in the case of InfluencerMenu Delivery App - uninstall it, and cease using the InfluencerMenu Delivery App Service immediately.

Please note that nothing in these Terms and Conditions affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.

CONTENTS

In these Terms and Conditions, you will find information and terms relating to:

· Section 1: LEGAL HELPER

· Section 2: USING THE INFLUENCERMENU SERVICE

· Section 3: LICENSE TO USE THE INFLUENCERMENU DELIVERY APP AND CERTAIN INFLUENCERMENU SERVICES

· Section 4: TERMINATION AND SUSPENSION

· Section 5: DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

· Section 6: DISPUTE RESOLUTION

· Section 7: GENERAL

· INLFLUENCERMENU STORE TERMS AND CONDITIONS

1. LEGAL HELPER:

"InfluencerMenu Content" means digital, electronic or other structured content or media, and standard or custom InluencerMenu product or service which is available to you through the InfluencerMenu Store and which may be accessed or viewed via the InfluencerMenu Website or the InfluencerMenu Delivery App (including content, media, products or services developed by InfluencerMenu or third parties), as determined by us from time to time.

"InfluencerMenu Delivery App(s)" means the InfluencerMenu software applications for mobile devices, computers or other electronic devices (including any updates or upgrades) that we make available to you.

"InfluencerMenu Delivery App Supported Device" means a mobile, computer or other electronic device which is authorized to and is capable of running and supporting the InfluencerMenu Delivery App or certain InfluencerMenu Delivery App Service functionalities available by accessing and using a InfluencerMenu Website.

"InfluencerMenu Library" means the online digital repository or library hosted in our in-house, co-located, hosted by third party or cloud storage facility where your purchases of InfluencerMenu Content are stored and which you may access via the InfluencerMenu Website, the InfluencerMenu Store, and the InfluencerMenu Delivery App.

"InfluencerMenu Service" means collectively the InfluencerMenu Delivery App, the InfluencerMenu Website, the InfluencerMenu Store, and the InfluencerMenu Delivery App Service (defined below in Section 2(a)),

"InfluencerMenu Store" means the commercial channels approved and utilized by InfluencerMenu at any time, including InfluencerMenu eCommerce platforms and gateways and third-party resellers, where you can browse, review and purchase InfluencerMenu Content for direct utilization, for deployment by and/or within third party applications, infrastructure and interfaces, or via the InfluencerMenu Delivery App.

"InfluencerMenu Website(s)" means any InfluencerMenu website which you access from the country in which you are located.

2. USING THE INFLUENCERMENU WEBSITE, THE INFLUENCERMENU DELIVERY APP AND THE INFLUENCERMENU SERVICES ACCESSIBLE SUBJECT TO USER REGISTRATION

(a) The InfluencerMenu Delivery App, the InfluencerMenu Delivery App Service and InfluencerMenu Content. The InfluencerMenu Delivery App is designed, developed and maintained to allow you to access and use InfluencerMenu Content. Certain versions or formats of the InfluencerMenu Delivery App may also be designed to enable you to browse, preview, search for, purchase and download InfluencerMenu Content from the InfluencerMenu Store; access the InfluencerMenu Website and other websites; interface with social networking sites; and access, use, and participate in other services, features, functions and promotions (each, as may be amended or supplemented howsoever from time to time by InfluencerMenu)(all features described in this sentence, collectively, the "InfluencerMenu Delivery App Service").

(b) Setting up your account. To access or use certain InfluencerMenu Content that is only accessible with user registration, and to access, use and participate in the InfluencerMenu Delivery App Service, via the InfluencerMenu Delivery App, or via a InfluencerMenu Website, you must first open a InfluencerMenu account in accordance with our InfluencerMenu Store Terms and Conditions. Depending upon where you are located and/or domiciled and how you have access to our InfluencerMenu Store, you can open an account either by visiting a InfluencerMenu Website or as part of the setup process for your InfluencerMenu Delivery App Supported Device or directly via certain InfluencerMenu Delivery Apps.

Any InfluencerMenu Content you purchase (or which is made available to you) from the InfluencerMenu Store, will be so purchased (or so made available to you) and used in accordance with our InfluencerMenu Store Terms and Conditions which are an integral part of these Terms and Conditions and represent a binding contract between you and us.

(c) Accessing your InfluencerMenu Content. The InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service is designed to give you access to your InfluencerMenu account and view and store the InfluencerMenu Content that you purchase (or which is made available to you) from the InfluencerMenu Store in your InfluencerMenu Library. When your InfluencerMenu Delivery App Supported Device is connected to the internet and the InfluencerMenu Website is accessed via a web browser or the InfluencerMenu Delivery App is running, we will use reasonable efforts to grant you access to your InfluencerMenu account. Temporary interruptions to the InfluencerMenu Service may occur for technical reasons (including maintenance, repairs, implementation of new services) which we will use our commercially reasonable efforts to limit. Some InfluencerMenu Content may not be available for you to access or use via the InfluencerMenu Website or the InfluencerMenu Delivery App. There is also a risk of loss of InfluencerMenu Content when you download, access or archive InfluencerMenu Content via the InfluencerMenu Website or the InfluencerMenu Delivery App.

IF YOU ARE THE HOLDER OF THE INFLUENCERMENU ACCOUNT ACCESSED VIA THE INFLUENCERMENU WEBSITE OR REGISTERED WITH YOUR INFLUENCERMENU DELIVERY APP, YOU ARE JOINTLY AND SEVERALLY LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ASSOCIATED WITH YOUR INFLUENCERMENU ACCOUNT AND/OR YOUR INFLUENCERMENU DELIVERY APP.

(d) Parental control. Some InfluencerMenu Content accessed via the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Store may not be age or otherwise appropriate for individuals under 18 years of age (Minor(s)). You are responsible for monitoring your Minors’ access to content that may be objectionable or age inappropriate.

If you permit a Minor to use content and services linked to your InfluencerMenu account, you confirm that you accept these Terms and Conditions, the InfluencerMenu Store Terms and Conditions and our Privacy Notice on behalf of, and all legal and financial responsibility and liability for the actions of that Minor and you expressly confirm any acts of that Minor. You also consent to that Minor (i) purchasing InfluencerMenu Content, (ii) using the credit card that is associated with your InfluencerMenu account.

If you permit a Minor to access the InfluencerMenu Website or use the InfluencerMenu Delivery App linked to your InfluencerMenu account, you acknowledge that we are not responsible for any personal information that the Minor publicly discloses, intentionally or unintentionally, by using the Internet through the web browser. We recommend that as the parent or legal guardian, you discuss with your Minor the importance of not disclosing personally identifying information on the Internet. As the parent or legal guardian, you are responsible for monitoring your Minor’s access to your InfluencerMenu account, the InfluencerMenu Website and/or the InfluencerMenu Delivery App, as well as any communications made or received by them through or by means of the InfluencerMenu Service. Content accessible through the InfluencerMenu Service may include third party content or applications. These third parties have their own privacy and data collection practices. We are not responsible for the actions or policies of such third parties, and you are solely responsible for obtaining information regarding the data privacy practices and terms and conditions of such third parties and determining whether such are appropriate for a Minor. More information about how we collect and use persona data can be found in our Privacy Notice.

(f) Social Features and Third-Party Sites. The InfluencerMenu Website, the InfluencerMenu Delivery App and/or InfluencerMenu Delivery App Services may contain certain social features, such as access to third party social networking sites or features (for example Facebook), that allow you to post, publish, communicate or share information with other people. The InfluencerMenu Website, the InfluencerMenu Delivery App and/or InfluencerMenu Delivery App Services may also contain direct links to third party websites. Use of third-party websites or third-party social networking sites or features will be subject to third-party or other terms and conditions. Any information posted, published, communicated or shared with third-party websites or social networking sites or features is shared at your own risk. You are solely responsible for any privacy settings on any third-party websites or social networking sites or features that might as well be accessed via the InfluencerMenu Website, the InfluencerMenu Delivery App and/or InfluencerMenu Delivery App Services.

(g) No Responsibility for InfluencerMenu Content. The InfluencerMenu Website and the InfluencerMenu Delivery App Service is designed to permit you access to a wide variety of InfluencerMenu Content, some of which may be considered inappropriate for, or offensive to, some readers and viewers. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the InfluencerMenu Content. You must determine whether the InfluencerMenu Content accessed through the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service is appropriate, useful, accurate and complete. Your use of the InfluencerMenu Content, the InfluencerMenu Website and the InfluencerMenu Delivery App Service is solely at your own risk.

(h) Notice and Take Down Procedure for Claims of Infringement. If you believe in good faith that materials contained within the InfluencerMenu Website, the InfluencerMenu Delivery App or within any part of the InfluencerMenu Delivery App Service, including InfluencerMenu Content, infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the InfluencerMenu Website, the InfluencerMenu Delivery App or within the InfluencerMenu Delivery App Service; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.

Notices and counter-notices with respect to the materials contained within the InfluencerMenu Website, the InfluencerMenu Delivery App or within any part of the InfluencerMenu Delivery App Service, including InfluencerMenu Content should be sent to: legal@influencer.menu. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.

(j) Age of Users. Unless otherwise specifically noted in the features made available to you, the features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, including but not limited to activation of subscription services, purchases, commercial orders and actions and inactions related to payments, are designed for and directed towards use by adults (those aged 18 years or above). No children under the age of 13 are permitted to use said features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service. Individuals aged between 13 and 18 are not permitted to use said features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service without the consent of parents or legal guardians. Minors are not permitted to use said features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service without the supervision of a parent or legal guardian and Minors should review these Terms and Conditions with a parent or legal guardian to ensure that they understand them.

(k) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service will be held and used in accordance with our Privacy Notice as such may be updated or modified from time to time. Without limitation, we will collect, use and/or disclose information regarding you and your use of the InfluencerMenu Website, the InfluencerMenu Delivery App and the InfluencerMenu Delivery App Service in order to: (i) provide to you information and InfluencerMenu Content via the InfluencerMenu Website or the InfluencerMenu Delivery App Service; (ii) permit you to engage in activities that you initiate through the utilization of the functionalities of the InfluencerMenu Website or of the InfluencerMenu Delivery App Service, such as purchasing InfluencerMenu Content and reviewing products; and (iii) analyze, operate, support, maintain and improve the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Delivery App Service.

Our Privacy Notice also sets out our policy concerning “cookies” and similar technologies that can personally identify you. The current Privacy Notice posted to our InfluencerMenu Website applies to you when you open a InfluencerMenu account or otherwise access or use our InfluencerMenu Website, services, applications or tools. It is your responsibility to read the current Privacy Notice, so please check it periodically. Please note that any information you provide to a third party via the InfluencerMenu Website or the InfluencerMenu Delivery App (for example through any third-party social networking sites or third-party websites) will be subject to the privacy notice or similar terms of that third party and not of our Privacy Notice.

(l) Software Updates. In order to keep the functionalities accessible by you, your software and the InfluencerMenu Delivery App features up-to-date, from time to time the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service may be provided with updates, modifications, additions, or upgrades (some of which may be implemented automatically). It is your responsibility to verify that you are accessing or using the most up-to-date version of the InfluencerMenu Website or the InfluencerMenu Delivery App available.

(m) Security. We employ measures designed to ensure the security of the InfluencerMenu Delivery App Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.

(n) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE INFLUENCERMENU WEBSITE OR THE INFLUENCERMENU DELIVERY APP AND THE INFLUENCERMENU DELIVERY APP SERVICE. YOUR ABILITY TO ACCESS CERTAIN INFLUENCERMENU CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF A WEB BROWSER AND/OR THE INFLUENCERMENU DELIVERY APP. IN RARE INSTANCES, UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES.

(o) Internet Connectivity Charges. Internet connectivity is required to use certain features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, which may include downloading and/or streaming InfluencerMenu Content to your InfluencerMenu Delivery App Supported Device, archiving InfluencerMenu Content and accessing the Interactive Community or social features. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some InfluencerMenu Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such access.

3. LICENSE TO USE CERTAIN FUNCTIONALITIES OF THE INFLUENCERMENU WEBSITE AND THE INFLUENCERMENU DELIVERY APP

(a) License. Subject to these Terms and Conditions, for the use cases and in the relevanet format where this is applicable, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to: (i) install and use a single copy of the InfluencerMenu Delivery App on any InfluencerMenu Delivery App Supported Device you own or control, or to use certain functionalities of the InfluencerMenu Website solely to access, view and/or purchase InfluencerMenu Content for your personal use; (ii) make personal, non-commercial use of the InfluencerMenu Website and the InfluencerMenu Delivery App Service.

(b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Terms and Conditions and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) use the InfluencerMenu Delivery App on any device other than a InfluencerMenu Delivery App Supported Device; (ii) use, copy, reproduce, modify, distribute copies of, display publicly or transmit the InfluencerMenu Delivery App or any part of the InfluencerMenu Website; (iii) open, service or tamper with the InfluencerMenu Delivery App, disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Content or otherwise attempt to discover the source code of the InfluencerMenu Delivery App or the technology used to provide the InfluencerMenu Website functionalities or the InfluencerMenu Delivery App, or attempt to reduce the InfluencerMenu Delivery App to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, including altering any digital rights management ("DRM") functionality of the InfluencerMenu Website, the InfluencerMenu Content, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service; (v) share access to the InfluencerMenu Website or the InfluencerMenu Delivery App, whether through a network, resale or other means; (vi) transfer the InfluencerMenu Delivery App (or any individual component thereof) from one device to another device or computer; (vii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (viii) violate any law, rule or regulation of the local laws applicable to you in your use of the InfluencerMenu Website and/or the InfluencerMenu Delivery App; (ix) sublicense, assign in whole or in part, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service to any third party, except as expressly permitted by these Terms and Conditions or applicable third-party license agreement; (x) broadcast, transmit or distribute the InfluencerMenu Content in any manner, such as online streaming or making the InfluencerMenu Content available for download; (xi) interfere with or damage the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, including, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (xii) violate any third-party contract or policy governing the InfluencerMenu Website, the InfluencerMenu Delivery App or InfluencerMenu Content; (xiii) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on the InfluencerMenu Website, the InfluencerMenu Content or the InfluencerMenu Delivery App; or (xiv) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions, the InfluencerMenu Store Terms and Conditions or any applicable local laws or regulations.

(c) Excluded Software. Certain portions of the InfluencerMenu Website and/or the InfluencerMenu Delivery App are made available to you as “Open Source” software, which may have certain other terms apply to them. By using the InfluencerMenu Website or the InfluencerMenu Delivery App, you agree that you have read, understand and agree to be bound by such terms.

(d) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service and all enhancements, bug fixes, updates, upgrades, modifications, additions, customizations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein (collectively, the "Intellectual Property"). You acknowledge and agree that neither the sale or transfer nor the license of the InfluencerMenu Delivery App, the InfluencerMenu Content or of any functionalities and components of the InfluencerMenu Website grants to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. Most trademarks shown on the InfluencerMenu Website and the InfluencerMenu Delivery App are owned by SCODE Ltd. or its affiliates or subsidiaries. Certain other trademarks shown on the InfluencerMenu Website, the InfluencerMenu Delivery App or through the InfluencerMenu Delivery App Service are owned by our suppliers or licensors or other third parties. All Rights Reserved. No rights are granted to you except those expressly set forth in this Section 3 and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the InfluencerMenu Website and the InfluencerMenu Delivery App not expressly granted herein.

(e) Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your access to or use of the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Delivery App Service and/or related to, or connected with your actual or alleged breach of these Terms and Conditions or your violation of any applicable law or regulation or the rights of a third party.

(f) Feedback. If you submit feedback or suggestions to us about the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Delivery App Service, we may use your feedback or suggestions without obligation to you.

4. TERMINATION AND SUSPENSION

(a) Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your InfluencerMenu account and/or your access to all or any part of the InfluencerMenu Website or the InfluencerMenu Delivery App Service, for any reason in our sole discretion.

Where reasonableness is required by applicable local law, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your InfluencerMenu account and/ or your access to all or any part of the InfluencerMenu Website or the InfluencerMenu Delivery App Service for any reason in our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these Terms and Conditions or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the InfluencerMenu Service financial loss or legal liability.

In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you that (i) your right to use or access any part of the InfluencerMenu Website or the InfluencerMenu Delivery App Service has been terminated including the right to use, access or create any InfluencerMenu account; (ii) that we refuse to provide any services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

(b) By You. You may terminate your use of the InfluencerMenu Website, the InfluencerMenu Delivery App or the InfluencerMenu Delivery App Service at any time by ceasing all use, including by removing/deleting/uninstalling the InfluencerMenu Delivery App from your InfluencerMenu Delivery App Supported Device.

(c) Effect of Termination. Following termination (by us or by you) or suspension, you will not be permitted to use the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service. Following termination (by us or by you) you will immediately uninstall, delete and/or destroy all copies of the InfluencerMenu Delivery App. You may, upon our reasonable request, be required to provide us with written certification that you have complied with this Section 4(c). In the case of termination by us of your InfluencerMenu account, you will remain liable for all amounts due under your InfluencerMenu account subscriptions and orders up to and including the date of termination.

Upon termination of these Terms and Conditions, the following Sections shall continue in force and you explicitly agree to be bound by the following Sections: Section 2(o) (Internet Connectivity Charges); Section 3(g) (Indemnity); Section 4 (Termination and Suspension); Section 5 (Disclaimers; Exclusions and Limitations); Section 6 (Dispute Resolution); Section 7 (General) and/or any other provisions of these Terms and Conditions that are expressly or by implication intended to come into or continue in force on or after termination of these Terms and Conditions.

5. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE INFLUENCERMENU WEBSITE, THE INFLUENCERMENU DELIVERY APP AND THE  INFLUENCERMENU DELIVERY APP SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE INFLUENCERMENU WEBSITE OR THE INFLUENCERMENU DELIVERY APP IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE DO NOT REPRESENT OR WARRANT THAT THE INFLUENCERMENU WEBSITE, THE INFLUENCERMENU DELIVERY APP OR ITS USE, OR THE INFLUENCERMENU DELIVERY APP SERVICE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR ACCESS, PURCHASE OR USE OF (OR INABILITY TO USE) THE INFLUENCERMENU WEBSITE, THE INFLUENCERMENU DELIVERY APP AND/OR THE  INFLUENCERMENU DELIVERY APP SERVICE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR DAMAGE TO REPUTATION OR GOODWILL).

(d) IMPACT OF LOCAL LAWS. CERTAIN LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LOCAL LAWS, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(f) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE INFLUENCERMENU SERVICE, WHETHER IN WHOLE OR IN PART).

6. GENERAL

(a) Interpretation. Headings used in these Terms and Conditions are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation". The singular includes the plural and vice versa. These Terms and Conditions are binding upon each party and its successors and permitted assigns.

(b) Entire Agreement. Except for any additional terms that apply to your use of the InfluencerMenu Website, the InfluencerMenu Content, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the InfluencerMenu Website, the InfluencerMenu Content, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

(c) Severability. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

(d) Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers and licensors are intended third-party beneficiaries of these Terms and Conditions.

(e) No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms and Conditions or by law will not operate as a waiver of such right, remedy or provision.

(f) Notices. Where we need to send you notices under these Terms and Conditions or in connection with your access to or use of the InfluencerMenu Website, the InfluencerMenu Content, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your InfluencerMenu account or another email address that you provide to us. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service satisfies any legal requirement that such communications be made in writing.

(g) Changes to the InfluencerMenu Website, the InfluencerMenu Delivery App and the InfluencerMenu Delivery App Service and amendments to these Terms and Conditions. To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect or functionality of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms and Conditions in our sole discretion. You should periodically review these Terms and Conditions so that you are aware of the terms and conditions that apply to your use of the InfluencerMenu Website or the InfluencerMenu Delivery App. Your access to and use of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service after any modification, purchasing downloading or streaming (or otherwise transferring to your InfluencerMenu Library) of InfluencerMenu Content via the InfluencerMenu Website or the InfluencerMenu Delivery App, or accessing InfluencerMenu Content previously purchased or downloaded (or otherwise transferred to your InfluencerMenu Library) via the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, constitutes your acceptance of the most recent version of these Terms and Conditions as modified.

(h) Assignment. These Terms and Conditions and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. You may, however, sell, give away, or otherwise transfer your InfluencerMenu Delivery App Supported Device; provided, however, that you either delete the InfluencerMenu Delivery App prior to selling, giving away or otherwise transferring the InfluencerMenu Delivery App Supported Device or, where the InfluencerMenu Delivery App is not deleted from the InfluencerMenu Delivery App Supported Device, the person to whom you transfer the InfluencerMenu Delivery App Supported Device registers for their own InfluencerMenu account if they are to use the InfluencerMenu Website’s functionalities subject to registration, or the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service via the InfluencerMenu Delivery App Supported Device which is sold, given away or otherwise transferred to them. Similarly, if you lend your InfluencerMenu Delivery App Supported Device to another person or another person otherwise uses your InfluencerMenu Delivery App Supported Device, you will be responsible for that person's use of the InfluencerMenu Website’s functionalities subject to registration, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service accessed or used via that InfluencerMenu Delivery App Supported Device. We may freely assign or transfer this Agreement or any of our rights and obligations under it.

(i) Conflict.If there is any actual or apparent conflict between these Terms and Conditions and the InfluencerMenu Store Terms and Conditions regarding your use of the InfluencerMenu Website, the InfluencerMenu Delivery App and/or the InfluencerMenu Delivery App Service, these Terms and Conditions shall prevail. However, if there is any actual or apparent conflict between these Terms and Conditions and the InfluencerMenu Store Terms and Conditions regarding InfluencerMenu Content, the InfluencerMenu Store Terms and Conditions shall prevail.

(j) Governing Law; Jurisdiction     To the maximum extent permitted by local laws, the laws of the Republic of Bulgaria, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute or claim of any sort that might arise between you and SCODE Ltd.

We both agree that the courts of the Republic of Bulgaria shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

(k) Contact Information. For help with the InfluencerMenu Website, the InfluencerMenu Delivery App, the InfluencerMenu Delivery App Service, the InfluencerMenu Content, any InfluencerMenu account and/or any InfluencerMenu Library, or if you have any questions regarding these Terms and Conditions, please contact customer service at support@influencer.menu.

Date: 15 February 2021

InfluencerMenu Store Terms and Conditions

These InfluencerMenu Store Terms and Conditions (“IMSTC”) are an integral part of the InfluencerMenu Terms and Conditions (“T&Cs”), and represent a binding contract between you as a visitor, user, sales prospect, or a customer and SCODE Ltd., a company registered with the Trade Register of the Republic of Bulgaria under CIN 200577616, with a registered office at: 2 Yakubitsa str., 1164 Sofia, Bulgaria. SCODE Ltd., together with its parents, subsidiaries and affiliates are collectively referred to herein as "InfluencerMenu", "we", "our", “Seller” or "us". The use of any and all InfluencerMenu Content against payment establishes agreement to these IMSTC and the T&Cs.

All payments between the Seller and the Buyer for the Services are made by the methods specified in the relevant "Add Funds" section of the InfluencerMenu Store.

By accessing and using InfluencerMenu Content on a paid basis you agree that you ("Buyer") have read and fully understood these IMSTC and the T&Cs.

The parts of the InfluencerMenu Content that are provided for access, utilization, consummation or deployment against payment ("Services"), are presented across the InfluencerMenu Service in the form of a commercial proposal or a structured offer ("Offer") - a public offer made by us as a seller, addressed to an indefinite number of counterparties, to conclude with us as a seller or a service provider, as the case may be, a contract for the sale of goods or services by remote means ("Order") on the terms contained in the Offer, including all Annexes as applicable.

A confirmation of an Order by you as a buyer means that you agree with all the terms of the then-current relevant Offer.

Offers can be modified without notice to the Buyer.

Unless otherwise specified in writing, the term of the Offer is not limited in time.

The Seller provides to the Buyer complete and accurate product and service information, including information about the basic consumer properties of the Services, and a non-binding indication of utilization or deployment procedures thereto. Where applicable, the Seller also provides information on warranty duration and the expiry date of the Services, as the case may be.

The individual price for each item of Services is clearly indicated and visualized in the relevant places on the InfluencerMenu Store, following the best e-commerce practices.

The Seller has the right to unilaterally change the price for any item of the Services.

In case of changes in the price of the Services ordered, the Seller shall inform the Buyer about the price change. Upon a price change, the Buyer may at any time cancel a pending Order and create a new one at the new price.

The Buyer has the right to confirm or cancel the Order for the purchase of Services if the price is changed by the Seller after placing the Order.

The Seller may not change the price for a Service already paid for by the Buyer.

The Buyer's obligations to pay for the Services shall be deemed fulfilled from the moment of receipt of funds by the Seller and/or the attribution of an available Buyer’s balance to a particular Order confirmed and accepted by the Seller.

No Order cancellations shall be allowed or accepted after the Seller's acceptance of an Order that was validly placed by the Buyer.

All payments between the Seller and the Buyer for the Services are made by the methods specified in the relevant "Add Funds" section of the InfluencerMenu Store.

The Order for Services is carried out by the Buyer via the InfluencerMenu Store.

When registering on the InfluencerMenu Store, the Buyer undertakes to provide registration information as requested by the Seller. If the Seller requires additional information not publicly listed on the then-current version of the InfluencerMenu Store, the Seller has the right to request it from the Buyer. In case of failure on behalf of the Buyer to provide the necessary information, the Seller is not responsible for the Services chosen by the Buyer.

Acceptance of the terms of an Offer by the Buyer is carried out by entering the relevant data in the InfluencerMenu Store registration form, or upon placing an Order, including by contacting the Seller's support and following the then-current approved procedure for the placement of staff-assisted Orders via remote means. After placing an Order through such staff-assisted remote means, the data about the Buyer is registered in the Seller's database. Having approved the Order, the Buyer provides the Seller's staff with the necessary information in accordance with the Seller's then-current approved procedure for the placement of staff-assisted Orders via remote means.

The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing the Order.

The Buyer is responsible for the accuracy of the information provided when placing an Order.

Some Orders are related to products and services representing the achievement of pre-defined target service components ("Target") calculated in terms of metrics or changes in metrics observable on third-party websites, applications and platforms such as social media profiles, management panels and domain-specific technical interfaces ("Metrics"). The following terms and disclaimers shall be valid at all times:

Placing multiple orders for the same Target before an already existing Order for the Target is completed shall make any and all dues and obligations on behalf of the Seller null and void.

Cancelling or setting to "Partial" of a pending or an ongoing Order for the same Target shall make any and all dues and obligations on behalf of the Seller null and void.

In the case when an Order was dropped, cancelled or in any way discontinued by the Seller, the Buyer shall wait until he sees the unutilized (pro-rated) portion of the funds refilled back to the Buyer's account balance.

Orders cannot be cancelled earlier than 5 (five) working days from the date when the Order was originally placed.

The Buyer's Order-specific Metrics as registered around the time of accepting the Order, are a contractually binding variable that is representative for the delivery of the Service.

If the Buyer's Metrics relevant to an Order do not fall within the platform-specific standards for stability, traceability and accountability around the time of the Seller's acceptance of an Order and at least 72 (seventy-two) hours after that (or longer, if specifically indicated as part of the Offer), any and all dues and obligations on behalf of the Seller shall be considered null and void.

The fulfillment of any Order for a specific Service that is highly dependent on the Buyer's Metrics relevant to an Order around the time of the Seller's acceptance of an Order, might be delayed up to 5 (five) times the length of the indicative term for the provision of the Service under said Order.

Any mistakes or omissions with respect to the formats for the input of the Metrics, the Target and the related links, technical paths or other standard technology identifiers related to the Order, shall make any and all dues and obligations on behalf of the Seller null and void.

If a service or product targeting the same Targets or Metrics is activated or utilized from a source or vendor different than SCODE Ltd. during the placement or servicing of an Order, any and all dues and obligations on behalf of the Seller shall be considered null and void.

All Orders under the Service categories individually and distinctly labeled "No refill", "No refund" or "Non-Drop" shall never be refilled or refunded.

The Buyer and the Seller hereby agree that the individual service specifications for the individual Offers shall at all times be an integral part of the terms and conditions with regard to the Service under said Offer.

Any incomplete or undelivered Orders will be refunded to the Buyer's InfluencerMenu balance. When a Buyer's account is closed, the Seller shall refund the remaining balance via the payment means used by the Buyer for their latest purchase or balance top-up.

Once a Buyer's payment is processed, disputes or chargebacks shall only be raised if the payment amount has been in excess of €50.00 (fifty Euro) or its equivalent. If the Buyer raises a dispute or chargeback after a deposit has been processed, the Seller reserves the right to terminate and reverse the services on all of the Buyer's Orders.

The Services have been available for purchase or subscription directly through the InfluencerMenu Store. Such digital content will be made available to you as a Buyer immediately after your payment or Order has been processed by a payment provider who acts on our behalf and/or by the InfluencerMenu Service. By making a direct purchase from InfluencerMenu while being resident in the European Union, you agree to waive your automatic statutory right of withdrawal from or cancellation of contracts for the purchase or subscription to digital content. You will still be eligible for a refund (or an alternative remedy) in the case where such digital content has been proven to have, at all times, been defective or unavailable to you at the sole responsibility of SCODE Ltd.

Date: 15 February 2021