Terms and conditions

1. Applicability of Terms of Use

1.1. Current terms of use for the website www.envestio.com (hereinafter the “Terms of Use”) define the legal relations between registered users (hereinafter the “User” or “Users”) of the website www.envestio.com and its subpages and attachments (hereinafter the “Website”) and Envestio SI OÜ (registry code 14433607, located at Raeküla tee 5, Rae Küla, Rae Vald, Harjumaa, Eesti, 75310 (hereinafter the “Website Manager” following the usage of the Website.

1.2. By creating a user account with the Website, the User agrees with the Terms of Use and thereby an agreement under these Terms of Use is concluded between the user who creates user account and the Website Manager.

1.3. The Website Manager holds the right to amend or enhance the Terms of Use or put down additional conditions. These amendments and enhancements shall come into force from the moment when the User has agreed with the new Terms of Use via the Website.

1.4. With commencing the use of the Website, the User approves that he has read the Terms of Use, understood them and agrees to follow and implement them.

2. Prices and Services Provided by the Website Manager

2.1. The Website Manager shall enable the registered Users of the Website to use the Website for its designated purpose, first and foremost enter and/or become acquainted with investment opportunities (projects), make declaration of intent, and conclude deals and transactions. The Website Manager holds the sole right to change the Website functionality and Terms of Use with prior notice, including limiting or adding new functionality to the Website.

2.2. Any expenses or fees related to the use of the Website shall be paid by the User according to the Website’s price list, and the Website Manager shall hold the right to automatically debit without a need for additional authorization from the User’s side, the expenses and fees from the User’s Investment Account (as defined in Clause 4.1.), for the transaction made in relation to which the Website Manager has the right to request reimbursement of expenses or payment of certain fee.

3. User Account

3.1. To start using the Website a person is required to register a user account using his real name and surname (hereinafter the “User Account”). Only physical and legal persons who have passed the Website Manager’s background check to the extent that the Website Manager deems sufficient can successfully register a User Account to their name. A person, applying for registration of a User Account is obliged to submit to the Website Manager any kind of information Website Manager considers necessary for this purpose. The Website Manager has unilateral and undisputable right to refuse to open a User Account.

3.2. Upon registering a User Account, a person inserts his contact information and other data required by the Website Manager into the respective virtual environment and selects unique username and password.

3.3. The Website Manager shall have the right to limit the rights of certain groups of Users in terms of specific usage rights, including restricting access and/or usage rights with respect to certain sections of the Website.

3.4. In order to access the Website, a User is required to enter his unique username and password. In order to access the Website, the Website Manager may at any moment request the User to identify himself via passport, ID card, Mobile-ID, online-bank device, or any other identification method acceptable to the Website Manager. In order to submit declarations of intent and provide approvals that bear legal consequences, the Website Manager may request the confirmation of User’s signature via passport, ID card, Mobile-ID, online-bank device, mobile communication or any other suitable authentication method.

3.5. It is prohibited to register multiple investor accounts of the same type (private/corporate) for the same person (legal entity).

4. Investment Account

4.1. After successfully registering a User Account, a User automatically receives an Investment Account with a unique code. The Investment Account is opened in Euro. This account is registered to the name of the User.

4.2. The person to whose name the Investment Account has been registered will be responsible for the rights and obligations, related to the Investment Account, including being a party to the transactions, made via these Investment Account. Terms and conditions of a specific transaction shall apply to transactions, made via the Website.

4.3. The Investment Account shall reflect, in the defined currency, the amount of funds, transferred by the User to the Website Manager for the purpose of performing transactions via the Website.

4.4. The User has a right to make investments and declarations of intent via the Website, including making offers to execute transactions via the Website and conclude transaction only in case the Investment Account possesses a non-booked positive balance in the amount, necessary for the transaction at the time of making the offer and concluding the transaction.

4.5. The User can transfer the funds to the Website Manager from a bank account registered to the name of the User in a licensed financial institution. The Website Manager may accept funds from financial institutions providing customers with shared IBANs only if an investor provides sufficient evidence, that the account, from where the funds were transferred, is opened in the name of the investor. The User is required to indicate the individual Investment Account number provided by the Website for the User in the payment order. The minimum amount to fund the account – 100 EUR.

4.6. In case the bank account from which a transfer to the Website Manager was made does not belong to the respective User or does not comply with any other conditions set forth in Clause 4.5, the Website Manager shall have a right to transfer the sum back to the person, who made the transfer and request from the User reimbursement of expenses, related to returning of the payment by automatically deducting them from the Investment Account.

4.7. The amount of payment made by the User to the Website Manager in accordance with Clause 4.5 is registered in the Investment Account, and the User shall use it in order to settle obligations, arising from the transactions, made via the Website or Terms of Use to the parties to the transactions made via the Website as well as to the Website Manager.

4.8. Unless defined differently in the Terms of Use, the User may request from the Website Manager, up to the amount of the positive balance of the non-booked funds, reflected in the Investment Account, payment of the funds, reflected in the Investment Account to the User, by sending a payment order to the Website Manager using the respective application of the Website. The aforementioned order shall be considered as a directive of the User to the Website Manager to transfer the sum, referred to in the order (up to the amount of the positive balance of the non-booked funds on the account) via a bank transfer to the bank account of the User. The fees for withdrawal may be checked on Envestio’s website. Requests on withdrawal of funds are allowed to verified users only.

In order to verify the account the user shall provide Envestio with the below documents and information:

4.8.1. The following information shall be presented by the individual Investor:

  1. Name, Surname
  2. Date and place of birth
  3. Residential address
  4. Phone number
  5. Information whether Investor is Politically exposed person (PEP) or its relative or close associate or not.
  6. Information about source of funds

Envestio identifies a natural person based on the following documents:

  1. Identification documents.
    The investor may provide photos/scans of below mentioned documents:
    a. National ID card (both sides) or national passport (reversal);
    b. International passport (reversal);
    c. Driving license (both sides). Please note that we accept a driving license as proof of your identity only if it is a plastic card, and all the information in it is provided with Latin transliteration.
  2. Proof of residency.
    The investor may provide photos/scans of below mentioned documents (the documents shall be not older than 3 months by the time of validation):
    a. Utility bill;
    b. Bank statement;
    c. Tax return, council tax;
    d. Other documents, with an exception of online screenshots or credit card statements.

The investors should make sure that the scans/photos correspond to the following requirements:

  1. Documents should be valid due to issue date (issued within the last 3 months);
  2. Proof of residency document is addressed to your NAME;
  3. Proof of residency document is addressed to HOME address (not a P.O. Box or any sided address);
  4. Proof of residency document must contain DATE of ISSUE.

4.8.2. The following information shall be presented by a legal person:

  1. Company name
  2. Jurisdiction
  3. Registration number
  4. Date of Registration
  5. Business activity
  6. Website (If any)
  7. Business experience
  8. Source of Income
  9. Director/Manager details
    a. Name
    b. Surname
    c. Date of Birth
    d. Residential address
    e. Information whether Director/Manager is Politically exposed person (PEP) or its relative or close associate or not.
    f. Information on the right of representation, the name of the document serving as the basis for the right of representation, the date of issue, and the name of the issuer
  10. Beneficial owner details
    a. Name
    b. Surname
    c. Date of Birth
    d. Residential address
    e. Ownership structure (% held)
    f. Information whether Beneficial owner is Politically exposed person (PEP) or its relative or close associate or not.

Envestio identifies a legal person based on the following documents:

  1. Registration Certificate;
  2. Representative’s (Director’s or Attorney’s) identification and proof of residency documents (same documents as for the individual investor);
  3. Articles and Memorandum of Association;
  4. Certificate of Good Standing/Incumbency where the legal entity is older than 1 year;
  5. Documents containing the following information:
    • Information on Directors;
    • Information on Shareholders;
    • Information on Beneficiaries (including, date of birth, address, ID card);
    • Address in the country of Tax Residence;
    • Power of Attorney if the representative is not the Director;

A legal entity of a foreign country must, at the request of the obliged entity, submit the documents, which have been authenticated by a notary or in accordance with an equal procedure and legalized or certified by a certificate replacing legalisation (apostille).

The Investors shall provide the information on origin of the funds invested using the Platform and keep this information up to date.

If Envestio cannot verify the identity of an Investor with reasonable certainty or to receive the reliable information on origin of the funds it will not establish a business relationship or proceed with investing. If a potential or existing Investor either refuses to provide the information described above when requested, or appears to have intentionally provided misleading information, Envestio shall refuse to commence a business relationship and return the funds to the investor.

4.9. The Website Manager can make payments to the User only to the bank account, provided to the Website Manager by the User. The User has rights to request from the Website Manager to transfer the payments only to the bank account, registered to the name of User in a licensed financial institution, which is registered or operating in a Member state, which is a Contracting Party to the EEA Agreement or in state, where equivalent money laundering and terrorist financing prevention measures are applied. The Website Manager shall have the rights to refuse making payment to a bank account, which does not belong to the User or does not meet any other requirements set forth in this Clause. The Website Manager shall have a right to request corresponding documents, which confirm compliance of the bank account with the conditions referred to herein.

4.10. In case a User wants to change the User’s bank account number, previously provided to the Website Manager, the User must inform the Website Manager about the new bank account number using the respective application of the Website, thus confirming that the bank account has been opened in the name of the User and complies with other terms and conditions set forth in Clause 4.11.

4.11. The User shall cover the related expenses for the transfers, made by the User to the Website Manager. Expenses, related to the payments, made by the Website Manager to the User and other expenses, related to the payments, made for the purposes of execution of transactions and activities by the User shall be reimbursed to the Website Manager by the User as per the price list, confirmed by the Website Manager. The Website Manager shall have unilateral right to amend the aforementioned price list merely by publishing the new price list in the Website at least 5 (five) days prior to its entry into force.

4.12. The Website Manager is obliged to keep the funds, transferred to him by the Users in the bank account, which the Website Manager has opened on its name solely for this purpose in a licensed financial institution, which is registered or operating in a state, which is a Contracting Party to the EEA Agreement. The funds on the Website Manager’s respective bank account are not included into the Website Manager’s assets. The Website Manager shall keep the funds of the Users separately from the own funds. The funds, transferred by the User to the bank account of the Website Manager, shall belong to the User in the amount of the positive balance of the Investment Accounts. The Website Manager shall not calculate any interest on the funds of the User, which are kept with the Website Manager, and no such interest shall be payable to the User.

5. Fulfillment of Financial Obligation using the Investment Account

5.1. Fulfillment of all types of financial obligations, resulting from transactions, performed via the Website and from the Terms of Use shall be performed via Investment Account, unless defined differently in the Terms of Use. No other financial obligations can be fulfilled or payments made through the Investment Account. Among other transactions, it is restricted to make payments from one Investment Account to another Investment Account, except for the payments, which are made automatically and according to the Terms of Use by the Website for purposes of executing the transactions, concluded through the Website.

5.2. User may make investments, present declarations of intent, including making offers and providing acceptances, through the Website only in the amount of non-booked funds, shown as positive balance on the User’s Investment Account, of which no other User’s financial liabilities or instructions shall be executed according to the procedures, established in the Terms of Use. The Website Manager shall have rights to impose limitations or additional requirements regarding the minimum or maximum balances on Investment Accounts at its own discretion.

5.3. Upon making an investment through the Website, presenting a declaration of intent, including making a proposal and providing an acceptance, the User shall give the Website Manager an irrevocable order, without having to present additional declaration of intent or signing additional documents (including paper documents), to debit the User’s Investment Account in order to fulfill any financial obligations, arising from the use of the Website and execute transactions, made through it pursuant to Terms of Use, to the extent and the time, established in the transaction, and credit the Investment Account of payment’s recipient accordingly. Electronic documents are available upon request.

5.4. Users shall be obliged to ensure a sufficient non-booked credit balance on their Investment Accounts in order to settle liabilities, arising from any transactions made by them in a due and timely manner. The User shall be liable for the violation of the aforementioned obligations, according to the terms and conditions of the transaction underlying this obligation.

5.5. The Website Manager shall have the right of using the funds, transferred to them and reflected in the User’s Investment Account for the purposes of executing the transactions and activities, performed through the Website by the User in accordance with the Terms of Use and the transactions, concluded during the use of Website. Among other things, the Website Manager shall have the right to use the respective funds for covering the liabilities of the User to other Users, third parties (following legal acts or decisions of the courts or competent authorities) or the Website Manager by executing the respective transactions within reasonable time period. The Website Manager shall not use and the User shall not request Website Manager to use Website Manager’s funds to fulfill the financial liabilities of the User.

5.6. Should the Investment Account lack sufficient funds for fulfilling several obligations, which became collectible at the same time, the payments to cover such obligations shall be made in proportional amounts.

6. Conclusion of P2P Loan Agreements

6.1. When a User wishes to borrow an amount of funds from other Users in order to acquire an investment project, participate in financing of an investment project, or for any other similar purpose, they can use the respective application of the Website for borrowing the funds, and shall submit full data required by the application, including the data regarding the User, maximum amount of borrowing, minimum amount of borrowing, interest rate, loan period, and data regarding the investment project. Upon submitting an offer for borrowing funds, the User shall approve the conditions of the loan agreements to be concluded with the Users, who wish the lend funds.

6.2. The information, prepared by the User for borrowing funds is presented to other Users in the Website in the full extent, along with the data on the borrower and any other additional info the Website Manager considers necessary to present, and which has been verified by the Website Manager at his own discretion. Publication of this information shall constitute a binding offer for borrowing funds.

6.3. A User, who wishes to lend funds, selects corresponding Investment Account through which the loan agreement is concluded. A User can lend funds only from User’s Investment Account’s non-booked funds, which are shown as a positive balance on their Investment Account. A User cannot lend funds if the amount of loan to be issued and the sum payable to the Website Manager upon executing the transaction exceed the non-booked positive balance on their Investment Account.

6.4. In order to lend funds, a User shall submit, through the respective application of the Website, a declaration of intent to lend funds, in which the User specifies the amount of funds offered by them and approves the conditions for the loan, hereby lending funds according to the offer, submitted by the borrowing User and standard terms and conditions of loan agreement, which is established by the Website Manager. The terms and conditions of the loan, which are not specified in the acceptance to lend funds, or the offer submitted by the borrowing User, shall be governed by the standard terms and conditions of a loan agreement, established by the Website Manager. The acceptance to lend to the User who is Borrowing shall be binding to the lending User. The lending User cannot unilaterally step away from the confirmed acceptance, unless differently provided by imperative legal provisions or the loan agreement.

6.5. By confirming the acceptance to lend, the User authorizes the Website Manager to book the positive balance on the lending User’s Investment Account in the extent of the loan amount, indicated in the acceptance, and the sum payable to the Website Manager upon the execution of the transaction, which means that the respective sum cannot be used for making other transactions or no requests can be made to have it transferred to the User’s bank account. The Website Manager automatically releases the booked sum in case the borrowing User withdraws from the loan agreement.

6.6. A loan agreement is concluded between the lending User and the borrowing User after the confirmation of the acceptance to lend. Such agreement shall be considered as concluded from the moment of acceptance of the offer by the lending User. The loan agreement shall become effective with the confirmation of the acceptance to lend.

6.7. Users, who constitute parties to concluded loan agreement can review the loan agreement in the Website after the agreement has become effective. The following data is presented to both parties in the loan agreement: name, personal ID-code or registry code as well as contact information.

6.8. In case loan agreements in at least the minimum total loan amount have been concluded with the borrowing User, the amounts booked on User’s Investment Account after the submission of acceptance shall be settled by the Website Manager as follows. The Website Manager automatically debits the lending User’s Investment Account by the respective loan amount and credits the borrowing User’s Investment Account by the loan amount. The Website Manager automatically debits both parties’ Investment Accounts in the amount of the sum, payable to the Website Manager as a commission for the execution of this transaction.

6.9. The borrowing User has the unilateral right to withdraw from the loan agreement. In case of such decision, the Website Manager shall automatically refund the lending User the funds, debited from or booked on his Investment Account.

7. General Rights and Obligations of Users

7.1. In addition to other obligations set forth in the Terms of Use, a User shall be obliged:

7.1.1. Not to use the Website for illegal transactions or activities, including fraud, money laundering or other similar activities, and to be polite and respectful towards other Users and the Website Manager;

7.1.2. To use the Website through web browsers intended for general purposes and not through the programs that send automatic queries to the Website for whichever purposes. It is forbidden to use, including but not limited to, robots, spiders, scrapers and other automatic data entry and processing devices. The User is forbidden to perform any activities that disturb or hinder Website’s intended usage by the Website Manager or other Users, including refraining from overloading the Website’s computer network and servers;

7.1.3. To submit only truthful data and information upon registering the User Account. If the User discloses unverified or uncertain data or information during the usage of Website, the User shall be obliged to indicate it upon disclosing such data or information. The User shall be liable for the damages caused by the violation of the obligation set forth in this Clause with respect to the Website Manager and other Users, first and foremost in case where the Website Manager or another User has submitted a declaration of intent or executed a transaction presuming correctness of such false data. The Website Manager does not verify the correctness of the information submitted by the Users and shall not take any responsibility for the correctness and truthfulness of the data submitted by the Users;

7.1.4. To keep the data and devices necessary for logging in to the User Account of the Website, including the ID card, respective passwords and user IDs and authentication devices in a manner that prevents third parties from gaining possession of them. However, if a third party enters the Website through User’s User Account, any and all provisions arising from the Terms of Use shall apply;

7.1.5. To inform the Website Manager immediately about transferring or losing the data and devices enabling logging in to the User’s User Account to third parties and the usage of the Website by the third parties, and about the risk of unauthorized use of the User Account that may occur respectively;

7.1.6. To inform the Website Manager as soon as possible of any changes in the data submitted upon opening the User Account. Until the Website Manager is informed of the changes in the data, the Website Manager shall consider the data submitted by the User upon opening of the User Account as the valid data of the User.

7.2. Up until 1 (one) working day has passed from the receipt of the notice set forth in Clause 7.1.5 by the Website Manager, the declarations of intent and transactions made through the User Account shall be considered as the declarations of intent and transactions of the User of the respective User Account and they shall be binding for the User even if the User has not executed such transactions. The respective User shall be liable for the damages caused by the unauthorised use of the User, except in specific cases when the User’s liability is limited by the respective imperative provisions of applicable law.

7.3. In addition to other rights set forth in the Terms of Use, a registered User shall have the right to:

7.3.1. Enter the Website by using logging in functionality, which is secured by the necessary measures determined at the Website Manager’s discretion;

7.3.2. Use the functionalities of the Website if the User complies with the requirements established for using the specific functionality;

7.3.3. Review the User data saved by the Website Manager, amend such data and request the Website Manager to cease processing it in accordance with the provisions of Clause 8.3;

7.3.4. With prior consent of the Website Manager, authorize User’s representative to use User’s User Account and register him/her as the authorized User of the User Account;

7.3.5. Provide feedback regarding the services offered by the Website and respond to the surveys, including the service quality assessments, carried out by the Website Manager.

8. Processing of User Data

8.1. For the purposes of these Terms of Use, personal data shall be all data and information of a User who is a private person, which this User has disclosed upon registering his User Account, using the Website and making declarations of intent via the Website, or which the Website Manager has learned about such User from third parties. Provisions of this Clause 8 that refer to any data shall also be applicable to personal data.

8.2. By registering a User Account and/or disclosing data, the User shall ensure that any and all data submitted by them to the Website Manager is truthful and up to date, and confirm that they are aware of and consent to the fact that any and all legally collected data regarding the User, which are in the possession of the Website Manager, regardless of their origin, shall be processed by the Website Manager for the purposes, related to the possibilities of use of the Website and to the extent necessary for it, as well as according to the rules and procedure established in legal acts.

8.3. The User is aware of and hereby gives a consent in his/her name for validating the correctness of the data submitted to the Website Manager and for obtaining additional data from third parties. For the abovementioned purposes, the Website Manager has the right to forward the User’s data to third parties.

8.4. The Website Manager shall be obliged to keep the Users’ data confidential and follow all rules arising from the Personal Data Protection Act of the Republic of Estonia. The Website Manager shall have the right to disclose User’s personal data to third parties, including other Users, only in cases set forth in the law and Terms of Use.

8.5. A User has the right to withdraw his consent for processing personal data at any time, request to cease of processing of personal data, terminate the access to them and deletion or closing the collected personal data provided that the User has no on-going process of concluding an agreement via the Website and no valid agreement concluded via the Website, and provided that the legal acts do not oblige the Website Manager to save data. Upon withdrawing the consent to process personal data, the User’s User Account shall be closed.

8.6. The Website Manager shall have the right to use the e-mail address and mobile phone number of a User for the purposes of forwarding to the User information, advertising and offers from the Website Manager or its cooperation partners. The User shall have the right to choose, which notifications and offers they wish to receive through the Website and refuse to receive offers from the Website Manager and his cooperation partners, without their respective query through the Website. Information on how to refuse the offers and advertising sent to the Users by the Website Manager is available at the offer or advertising and/or settings of the User Account.

8.7. The Website Manager shall have the right to disclose (personal) data of a User to other Users of the Website, persons belonging to the same group as the Website Manager and persons who provide the Website Manager with legal assistance, accounting, auditing or any other services, which presume processing of Users’ personal data, provided that the respective service provider has undertaken the obligation towards the Website Manager not to disclose the respective personal data to third parties.

8.8. The Website Manager shall have the right to process the data submitted by the User and data generated during the User’s use of the Website at any time for statistical purposes and disclose the resulting statistical data, ensuring that it would be impossible to connect the data directly to any specific User.

8.9. The Website Manager is allowed to process and disclose the data gathered and submitted by the User upon application of the requirements arising from the Money Laundering and Terrorist Financing Prevention Act of the Republic of Estonia only for the purpose of preventing money laundering and terrorist financing.

9. Liability and Responsibility

9.1. Although the Website Manager shall take all measures to ensure correctness and reliability of information published in the Website, the Website Manager shall not be liable for publishing incorrect or misleading information in the Website, or for a violation committed or being continuously committed through the Website, or consequences thereof, of which the Website Manager is not aware, or for which it has taken measures for correcting the information, ending a violation or eliminating consequences thereof.

9.2. The Website Manager shall not be liable for the correctness and completeness of information received from third parties if the Website Manager forwards or discloses it in the Website in the same format as it was forwarded or made available to the Website Manager in any other manner. If a User discovers incorrectness of information contained in the Website, they shall be obliged to inform the Website Manager as soon as possible.

9.3. The Website Manager shall not be responsible for information, opinions and any other content published on websites belonging to third parties to which the Website directly or indirectly refers or to which links have been published in the Website.

9.4. The Website Manager shall not be liable to other Users or third parties if a User violates an obligation set forth in the Terms of Use, any other agreement concluded with the Website Manager, legal act or agreement concluded between Users. The Website Manager shall be liable for the obligations arising from a transaction concluded through the Website only if the Website Manager is a party to a specific transaction.

9.5. If a User causes damages to the Website Manager by violating any of the obligations, the User shall be obliged to fully compensate the respective damages to the Website Manager at first request.

9.6. The Website Manager shall not be liable for the damages that were caused to a User or third parties in relation to the fact that the Website Manager used their legal remedies (e.g. removed information from the Website or limited access to it, limited or restricted User’s access to their User Account or Website), if it was necessary due to a complaint submitted regarding User’s violation, Website Manager’s suspicion of violation or suspicion of unauthorized use of a User Account or directly due to the fact that information or a User’s conduct is in violation of the Terms of Use or legal acts. In such case the Website Manager shall not be liable for the damages caused even if a complaint or suspicion was unfounded or it later appears that the case did not constitute a violation.

9.7. The Website Manager shall not be liable for temporary interruption in the access to the Website or its functionality.

9.8. The Website Manager shall be liable only for the direct proprietary damages to the User caused by the Website Manager’s wrongful material violation of obligations. Other damages or loss of profit shall not be subject to compensation. The Website Manager shall not be liable if a service provider or any other third party used by the Website Manager causes the violation of obligations.

9.9. The Website Manager shall not be liable for settling disputes between the Users that arise from using the Website but reserves the right to interfere in such disputes at his own discretion if necessary, and in case of violation of the Terms of Use, apply, including other possibilities, the provisions of Clause 11.2.1.

10. Intellectual Property

10.1. Any and all intellectual property rights to the Website, including the structure, web design elements, texts and other components of the Website, and the intellectual property rights related to them (including the intellectual property rights to trademarks, logos, brands, software, databases, news, messages, texts, graphic, musical and other design) belong to the Website Manager, unless the rights of another person are referred to with regard to a component, or information has been entered by the Users of the Website. Users shall not be allowed to change, reproduce, disseminate, process, translate, make extracts from, forward, include in other databases or make public the Website or any of its contents or components or use it in any other manner that is beyond the intended purposes of the Website without the prior written consent of the Website Manager. Furthermore, the User shall not be allowed to grant sub-licenses for using the Website or any of its contents or components or create new objects of intellectual property based on them.

10.2. The Users can publish only such material on the Website for which they have intellectual property rights to the extent that is necessary for publishing the respective materials in the Website and for granting the consent set forth in Clause 10.3. A User shall be fully responsible for the materials published in the Website by them and shall be obliged to compensate to the Website Manager any expenses and damages caused (including indirect damages) that are related to the use of material published by the User in the Website in an unauthorized manner or in a manner that otherwise violates rights arising from intellectual property.

10.3. With publishing of any material in the Website by the User, the User shall give his unconditional and free consent to the Website Manager to store, disseminate and publish such material in accordance with the Terms of Use and to change or process in any other manner to the extent that is necessary for the intended use of the Website.

11. Duration of Use of the Website. Termination of Use

11.1. User Accounts on the Website are opened without predefined term. If a User has no valid agreements concluded via the Website and they no longer wish to use the Website, they can close the User Account and terminate the agreement concluded with the Website Manager without any notice. For that purpose, they need to click on the respective field in the settings of the User Account of the Website or send the respective application to the Website Manager to the e-mail address [email protected]

11.2. The Website Manager shall have the right to limit or cancel a User’s right to use the Website and close a User Account (as defined in Clause 4.1), as well as to terminate an agreement concluded with a User at any time without any notice if it appears that:

11.2.1. The User violates or has violated the Terms of Use or any other User obligations;

11.2.2. The User does not accept new Terms of Use upon first logging in to the Website after the new Terms of Use have been made available on the Website;

11.2.3. The User has submitted to the Website Manager or other Users data and/or information that is incorrect, misleading and/or inaccurate;

11.2.4. The User behaves upon using the Website in bad faith, without dignity, illegally or in contradiction with the moral standards recognized in the society;

11.2.5. The Website Manager has discovered a circumstance based on which there may be a suspicion that third parties have gained possession of the data and devices allowing logging in to the User’s User Account and using of the Website and the User Account could be used by an unauthorized person.

11.3. The Website Manager shall have the right to close the Website.

11.4. Upon closing the Website or in cases set forth in Clauses 11.2 and 11.1 (if the User can no longer use the Website):

11.4.1. The transactions made through the Website shall remain in force under the terms and conditions set forth therein and

11.4.2. The settlements arising from transactions made between the respective User and other Users shall thereafter take place through the bank accounts of the respective User and other Users based on the payment orders given by such Users (for the purposes of clarity: after the expiry of the right to use the Website, the Website Manager shall not be responsible for making or receiving payments on behalf of the Users). The Website Manager shall inform the Users who have valid transactions made through the Website with a User who no longer has the right to use the Website of the expiry of the respective User’s right to use the Website; and

11.4.3. The Website Manager shall pay the positive balance registered in the Investment Account (as of expiry of the right to use the Website), deducting the sums payable to the Website Manager, to the bank account of the User within 10 (ten) working days from the expiry of the right to use the Website.

12. Sending Info Notices

12.1. The info notices sent to the User’s mailbox are considered as received within 24 hours after sending.

13. Miscellaneous Conditions

13.1. Legislation of the Republic of Estonia shall be applicable to the use of the Website in issues not regulated in the Terms of Use. If a Clause of the Terms of Use proves to be void due to contradicting the law, it shall not influence the validity of other Clauses.

13.2. Disagreements and disputes arising from the fulfillment of the Terms of Use shall be settled by the parties primarily through negotiations. The Website Manager shall have the unilateral right to establish a procedure for extrajudicial settling of disputes. If settling of disagreements through negotiations is impossible, the dispute shall be settled in general court. If the User is a legal entity or a private person operating in its economic or professional activities, or a person who after commencing the use of the Website has settled in a foreign state or whose place of business, residence or location at the time of filing an action is unknown, the competent institution for settling the dispute shall be Harju County Court.

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