Terms of Service

Effective date: 04/09/2023

Introduction

Welcome to Codlain OÜ. ("Company," "we," "our," "us")! As you have just clicked on our Terms of Service, please pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service ("Terms," "Terms of Service") govern your use of our web pages located at https://codlain.com, which is operated by Codlain OÜ.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here: https://codlain.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. Please let us know by emailing us at contact@codlain.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

Data Protection and GDPR Compliance

Data Protection and Privacy

At Codlain OÜ, we take data protection and user privacy seriously. This section outlines how we handle user data, including compliance with the General Data Protection Regulation (GDPR) for users in the European Union (EU).

1. Data Collection

We collect certain information from users to provide and improve our services. This may include personal data such as names, email addresses, and payment information. For details on the data we collect and its purposes, please refer to our Privacy Policy [www.codlain.com/privacy].

2. Data Use

The data we collect is used for various purposes, including but not limited to account management, service improvement, and communication with users. We do not share or sell user data to third parties for marketing purposes.

3. Data Rights

Users have rights regarding their data under GDPR and other applicable data protection laws. These rights may include the right to access, rectify, or erase personal data, as well as the right to object to or restrict data processing. To exercise these rights, please contact us at contact@codlain.com. For more information, please refer to our Privacy Policy.

4. Cookies and Tracking

We use cookies and similar tracking technologies to enhance user experience and collect information about user interactions with our platform. For detailed information about the types of cookies we use and their purposes, please refer to our Cookie Policy [link to Cookie Policy].

User Responsibilities

As a user of our platform, you are responsible for your actions and content posted on our service. By using our service, you agree to the following:

1. Content Responsibility

You are solely responsible for the legality, accuracy, and appropriateness of any content you post on or through our service. This includes ensuring that your content does not violate the rights of others, such as privacy, copyright, or trademark rights.

2. Compliance with Laws

You agree to use our service in compliance with all applicable national and international laws and regulations. You must not engage in any unlawful, fraudulent, or harmful activities on our platform.

3. Account Security

You are responsible for maintaining the security of your account and password. Do not share your login credentials with others, and promptly notify us of any unauthorized use of your account.

Dispute Resolution

In the event of disputes or claims arising from your use of our service, including claims related to these Terms of Service, Codlain OÜ encourages users to seek amicable and efficient resolutions through alternative dispute resolution methods, such as mediation or arbitration. We believe that resolving disputes in this manner can be faster, more cost-effective, and less adversarial than traditional litigation.

For any dispute or claim, please contact us at contact@codlain.com to explore potential resolutions through alternative dispute resolution methods.

Indemnification

As a user of our service, you agree to indemnify and hold Codlain OÜ, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your misuse of the service, violation of these Terms of Service, or infringement of any rights of third parties.

Force Majeure

Codlain OÜ shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, or governmental actions.

Termination of Service

Codlain OÜ reserves the right to terminate or suspend user accounts and access to the service immediately and without prior notice for any reason, including but not limited to violations of these Terms of Service. Users may also terminate their accounts by following the provided account termination process.

Please note that the termination of your account may result in the loss of access to certain content or services. All provisions of these Terms of Service that should reasonably survive termination will continue to apply, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@codlain.com.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscriptions”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Codlain OÜ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Codlain OÜ's customer support team.

A valid payment method, including a credit card or PayPal, is required to process the payment for your subscription. You shall provide Codlain OÜ with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Codlain OÜ to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Codlain OÜ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Codlain OÜ may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Codlain OÜ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Codlain OÜ reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Codlain OÜ, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Codlain OÜ will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Codlain OÜ has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service is the property of Codlain OÜ or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company rating.
Otherwise attempt to interfere with the proper working of the Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.

We also encourage you to review the Google's policy for safeguarding your data.

No Use By Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company's services, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both accessing and using the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

In certain circumstances, you have the following data protection rights:

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Codlain OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Codlain OÜ.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@codlain.com, with the subject line: “Copyright Infringement.” Include in your claim a detailed description of the alleged Infringement, as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at contact@codlain.com.

Error Reporting & Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) either directly at contact@codlain.com or via third-party sites and tools. You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event that the transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Codlain OÜ.

Codlain OÜ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT CODLAIN OÜ SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Estonia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Notification of Changes

We may occasionally update these Terms of Service to reflect changes in our services or legal requirements. In this section, we explain how users will be notified of such changes and how they can access previous versions if needed.

1. Notification of Changes

Users will be notified of changes to these Terms of Service through a notice posted on our website. It is your responsibility to review these terms periodically for any updates.

2. Access to Previous Versions

Previous versions of these Terms of Service will not be maintained on our website. We encourage you to save or print a copy of the Terms of Service for your records if you wish to keep a historical reference.

Limitation of Liability

We are committed to transparency regarding the extent to which our company limits its liability. This section aims to clarify our limitations and compliance with EU consumer protection laws.

1. Extent of Liability

Codlain OÜ limits its liability to the maximum extent permitted by applicable law. In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damages, including attorneys' fees, arising from the use of our service.

2. Compliance with EU Consumer Protection Laws

Our limitation of liability is consistent with EU consumer protection laws. Nothing in these Terms of Service is intended to exclude or limit our liability for death, personal injury, or fraud.

Language and Jurisdiction

This section specifies the language of the agreement and the jurisdiction where disputes will be heard to address potential cross-border disputes.

1. Language of Agreement

These Terms of Service are provided in English. Users agree that this language is the primary and governing language of this agreement.

2. Jurisdiction

Any disputes arising from these Terms of Service shall be subject to the exclusive jurisdiction of the Estonian courts. Users consent to the personal jurisdiction of these courts for resolving disputes.

Accessibility

Codlain OÜ is committed to website accessibility and ensuring that our platform is usable by individuals with disabilities. We strive to provide an inclusive online environment.

Translation Disclaimer

In cases where these Terms of Service are available in multiple languages, users should be aware that the English version prevails in case of discrepancies between translations.

External Links Disclaimer

While we may provide links to external websites from our platform, we are not responsible for the content on these external websites. Users are advised to exercise caution and review the terms of use and privacy policies of external websites they visit through links provided on our platform.

Acknowledgment

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

If you have any questions about these terms of service, please contact us: By email: contact@codlain.com.