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ESTEEME END USERS’ TERMS OF USE

Last updated: December 6, 2023

Greetings to the ESTEEME platform! Your access and use of the ESTEEME platform indicate your acceptance and commitment to adhere to the Esteeme End Users' Terms of Use (hereinafter referred to as the "Terms of Use"). These Terms of Use cover any free or trial versions, demos, or use by paying customers' ("Customer", “User” or “you”) end users of our web-based platform (hereinafter referred to as the "Services”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, KINDLY ABSTAIN FROM USING THE ESTEEME PLATFORM.

THIS TERMS OF USE IS VALID IN ALL CASES OF USE OF ESTEEME PLATFORM, EXCEPT FOR CASES WHERE A SEPARATE WRITTEN AGREEMENT GOVERNING THE PROVISION OF SERVICES IS CONCLUDED BETWEEN THE CUSTOMER AND THE COMPANY.

UPON ACCEPTING THESE TERMS OF USE, YOU AFFIRM AND GUARANTEE THAT ANY INFORMATION FURNISHED TO US VIA THE SITE AND/OR THE SERVICES IS TRUTHFUL, PRECISE, AND COMPREHENSIVE. THE SUBMISSION OF FALSE OR FRAUDULENT INFORMATION IS STRICTLY FORBIDDEN.

1. GENERAL INFORMATION

1.1. ESTEEME PLATFORM. Cloud based people management platform named ESTEEME.

1.2. ESTEEME PLATFORM OWNER. KEETCODE LTD, a legal entity duly established under the law of Cyprus with address at 202, Griva Digeni, 34A, 3106, Limassol, Cyprus. For the avoidance of doubt, Keetcode LTD and its affiliates hereinafter referred to as the "ESTEEME," the "Company," "we," or "us".

1.3. PLATFORM LOCATION. ESTEEME platform is available at https://esteeme-landing.netlify.app/ 

2. ESTEEME SERVICES

2.1. ESTEEME Demo. Upon the Customer’s request, a representative from ESTEEME will conduct a complimentary demonstration of the ESTEEME platform to showcase its features and functionality. This session also provides an opportunity for the Customer to engage in discussions with an ESTEEME representative regarding their potential needs.

2.2. ESTEEME paid plans. The ESTEEME platform offers a paid version with three available plans: “Basic”, “Pro”, and “Enterprise”. Customer could select a plan based on their specific needs. Detailed information, including prices and plan descriptions, can be found on the website's Pricing section (available by the following link) - https://esteeme-landing.netlify.app/#prices

3. ACCOUNT CREATION

3.1. ACCOUNT. To use the Services, you shall create a user account on ESTEEME platform (hereinafter referred to as the “Account”). To establish and utilize the ESTEEME platform, it is necessary to furnish the following information: contact information (full name, email address, pronouns, country, and location to personalize your experience), work-related information (work title, department details, and other pertinent data related to your work or organization), user-generated content (information provided during account creation, content creation or sharing, and messaging activities. This includes metadata like the location of a photo or the creation date of a file). It is important to note that when creating an Account through third-party social networks, such as Google, you are granting ESTEEME access to your public profile on these services.

3.2. PASSWORD. Upon registration, you shall establish a password for Account access. You bear the responsibility for maintaining the confidentiality of your Account and password, refraining from disclosing this information to any other individual or entity. Recognizing that your Account and password are personal to you, you commit not to grant others access to the Site and/or Services using your Account or password. Promptly notify us at support@esteeme.net  of any unauthorized access or use of your Account, password, or any other security breaches. Additionally, ensure that you log out of your Account at the conclusion of each session. Exercise caution when accessing your account from public or shared computers to prevent the unauthorized viewing or recording of your password or personal information.

All information provided during registration will be stored and used in accordance with our ESTEEME Users Privacy Policy, available at Privacy Policy.

4. USER DECLARATIONS AND GUARANTEES (REPRESENTATIONS AND WARRANTIES)

4.1. You voluntarily represent and warrant to ESTEEME that:

  • You have the necessary rights and authority to consent to these Terms of Use.

  • You are, and will continue to be, in compliance with all applicable laws, rules, governmental (state or local), and regulatory mandates pertaining to your use of ESTEEME platform.

  • You have no restrictions, limitations, contractual or statutory obligations inhibit you from fulfilling your responsibilities under these Terms of Use.

  • You have reached the age of majority (you are not a minor). If the User of the Services is below the age of majority or lacks legal eligibility and capacity in the relevant jurisdiction, you confirm that you are the legal guardian of the User. Both you and the User must have read and consented to these Terms, approving the User's continued use of the Services under these Terms of Use.

  • You have not previously faced suspension or removal from the Services, and you have not taken any fraudulent actions against the Company.

  • You commit not to infringe or violate any stipulations outlined in these Terms of Use. 

5. RESTRICTIONS ON USAGE

5.1. Certain actions are strictly prohibited in connection with the ESTEEME platform, and failure to comply with the following provisions may result in the termination or suspension of your access, at the sole discretion of the Company. Additionally, non-compliance may expose you to civil and/or criminal liability.

5.2. Apart from the explicitly specified rights in the Terms of Use, no other rights or interests are granted in connection with the ESTEEME platform. For the avoidance of doubt, you agree not to:

  • Use the ESTEEME platform for purposes other than their intended use, as defined in the Terms.

  • Rent, lease, sell, sublicense, or transfer the right to use the ESTEEME platform.

  • Bypass or breach any security measures established by the Company in ESTEEME platform.

  • Provide unlawful or harmful information through the ESTEEME platform.

  • Use the ESTEEME platform illegally or in a way that infringes on the rights of third parties.

  • Modify, adapt, or create derivative works from the ESTEEME platform.

  • Systematically collect data from the ESTEEME platform without permission.

  • Attempt to gain unauthorized access to the source code or reverse engineer the software.

  • Use any technique to pool connections or circumvent authorized use restrictions.

  • Remove any copyright notice, trademark, or proprietary marking.

  • Interfere with the proper functioning of the ESTEEME platform.

  • Provide false identity information to access the ESTEEME platform.

  • Upload, store, or transmit prohibited Content under the law of your jurisdiction.

  • Impersonate any person, engage in fraudulent activity, or support terrorist organizations.

  • Stalk or harass others, transmit spam, or distribute destructive elements.

  • Engage in any unlawful activity or attempt to override usage rules embedded in the Site and/or Services.

6. USE OF SERVICES. CONTENT PROVIDED BY USERS

6.1. When using the ESTEEME platform, it is crucial to respect the rights of others, including intellectual property, proprietary rights, and privacy rights of third parties associated with the content you upload (referred to as "User Content"). This content encompasses Personal Data (as defined in the Privacy Policy for End Users) and non-Personal Information. The Company holds no liability for any loss, damage, cost, or expense resulting from your uploaded User Content. Additionally, the Company is not accountable to any third party for the content or accuracy of User Content posted by you or other users of the ESTEEME platform. User Content remains the property of its respective third-party owner, to the extent permitted by law.

You acknowledge sole responsibility for your User Content and the outcomes of posting it on the ESTEEME platform. You affirm that your User Content is true, current, accurate, and complete.

6.2. Furthermore, you represent and warrant that you are the rightful owner of the User Content you upload to the ESTEEME platform or have all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and/or the subjects of such User Content. Your User Content should not infringe on any third party's intellectual property rights or other rights, including privacy, publicity, copyrights, or any other intellectual property rights.

6.3. FOR THE AVOIDANCE OF DOUBT, THE USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL REQUIRED CONSENTS UNDER APPLICABLE LAWS FOR POSTING ANY PERSONAL INFORMATION OF OTHERS INCLUDED IN THE USER CONTENT AND MUST COMPLY WITH ALL RELEVANT LAWS AND REGULATIONS REGARDING SUCH INFORMATION.

6.4. In addition to the mentioned above, you expressly agree that the User Content you post, or upload will not contain (not exhaustive list of unlawful and prohibited User Content):

  • Unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening, or vulgar content.

  • Content that unlawfully discriminates based on race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view, or socio-economic class. 

  • Content that encourages criminal behavior or conduct constituting a criminal offense under any law or could lead to civil liability or other legal action.

  • Content that poses a reasonable risk to a person's safety, security, or health.

  • Spam, unsolicited promotions, advertising, contests, or raffles.

6.5. The Company is not obligated to: (a) edit or control User Content posted by you or other users and will not be responsible or liable for User Content. (b) screen, edit, or monitor User Content.

6.6. FOR THE AVOIDANCE OF DOUBT, THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE, EDIT, OR BLOCK ANY USER CONTENT AVAILABLE ON THE SITE WITHOUT PRIOR NOTICE, FOR ANY REASON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES AND REPLACING ANY USER CONTENT AT YOUR EXPENSE.

6.7. Any User Content posted to the ESTEEME platform is considered non-confidential and non-proprietary. By uploading, posting, publishing, or making User Content available on the ESTEEME platform, you grant the Company a non-exclusive, royalty-free license to use, reproduce, modify, perform, display, distribute, and disclose such material to third parties. This license is for the purpose of providing you with the ESTEEME platform and enforcing any agreement you may have with the Company.

6.8. The User recognizes that, to provide and improve the ESTEEME platform, the Company may transform User Content into anonymized, aggregated information (hereinafter referred to as the "Anonymized Data"). Anonymized Data that cannot be re-identified is not classified as User Content, and the Company is authorized to use such Anonymized Data without restrictions. However, the Company is prohibited from utilizing Anonymized Data in a way that links any individual or the User to such data without obtaining the User's prior written approval.

6.9. For the avoidance of doubt, you retain sole and exclusive ownership of all rights, title, and interest in and to all User Content, including all intellectual property rights subject to the rights and permissions granted therein.

7. SERVICES AND COMPONENTS FROM EXTERNAL PROVIDERS

7.1. The ESTEEME platform may include links to certain third-party websites and other services provided by external providers (hereinafter referred to as the "External Providers Services"). For the avoidance of doubt, you acknowledge that: 

  • These External Providers Services are independent of the ESTEEME platform and not related to the Company.

  • The Company lacks control over these External Providers Services and is not responsible for their availability. 

  • The Company does not endorse or accept responsibility for any goods, services, content, advertisements, products, or materials available through these External Providers Services.

  • The Company is not directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by the use or reliance on goods, services, content, products, or other materials obtained through any External Providers Services. Most External Providers Services have their own terms of use and privacy policies, and we recommend carefully reviewing these legal documents before using any such services.

7.2. It's important to note that any mention of specific commercial products, processes, or services (or providers of such products, processes, or services) in the ESTEEME platform, aside from those offered by the Company, does not constitute, or imply an endorsement, recommendation, or preference by the Company.

7.3. The ESTEEME platform may utilize or incorporate third-party software, files, and components governed by open-source and third-party license terms (referred to as "External Provider Components"). Your usage of these External Provider Components within or in connection with the ESTEEME platform is contingent upon any applicable acknowledgments and license terms provided with or related to such External Provider Components. In cases where there is a conflict between the licensing terms of External Provider Components and these Terms of Use, the licensing terms of the External Provider Components will prevail solely in connection with those specific components. These Terms of Use do not extend to any External Provider Components accompanying or embedded in the ESTEEME platform, and the Company disclaims all liability associated with them. You recognize that the Company is not the author, owner, or licensor of any External Provider Components and provides no warranties or representations, whether express or implied, regarding the quality, capabilities, operations, performance, or suitability of External Provider Components. The ESTEEME platform, or any portion thereof, excluding the External Provider Components contained therein, shall not, under any circumstances, be deemed "open source" or "publicly available" software.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The ESTEEME platform, including its design, logos, graphics, icons, images, and the arrangement thereof, along with the Company's proprietary software, algorithms, and all associated intellectual property rights (such as inventions, patents, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether registered or not and capable of being registered, (hereinafter collectively referred to as the "Intellectual Property"), are exclusively owned by the Company.

8.2. No right, license, or interest in the ESTEEME platform is granted to you under these terms. You acknowledge and agree not to assert any such right, license, or interest with respect to the Company's Intellectual Property. Furthermore, you agree not to use any of the Company's Intellectual Property unless expressly permitted to do so.

9. DATA PROTECTION. PRIVACY

9.1. To facilitate the use of the ESTEEME platform, ensure its continuous operation, and address security concerns, the Company gathers, processes, and stores specific data. Your privacy is important to us, and the Company is dedicated to safeguarding the information you entrust through the ESTEEME platform.

9.2. The Company adheres to all relevant laws and regulations related to data security and privacy, ensuring the lawful collection of Personal Data. We employ reasonable measures to safeguard User Content. Users affirm that the provision of such User Content adheres to all applicable laws and regulations. This includes obtaining all necessary consents or employing other appropriate legal bases mandated by relevant data protection laws. This is particularly essential to enable the Company to deliver the ESTEEME platform and fulfill its obligations under these Terms of Use.

9.3. Regarding end Users of a Customer, the Company shall:

  • Process Personal Data in a lawful manner.

  • Ensure that individuals authorized to handle Personal Data commit to confidentiality or are subject to appropriate statutory obligations, providing them with training on their responsibilities under applicable laws and the Agreement.

  • Reasonably assist the Customer, at the Customer's expense, in cooperating with and responding to requests from supervisory authorities, data subjects, or customers, offering information related to the Company's practices of processing Personal Data.

  • Promptly notify the Customer upon becoming aware of a security breach incident related to the Personal Data of the Customer and its Users.

  • Only process or use Personal Data on its systems or facilities to the extent necessary for providing the agreed-upon services.

  • Refrain from leasing, selling, or otherwise distributing Personal Data, except as part of the agreed-upon Services between the parties (excluding instances of assignment of the Agreement under its terms and if legally required).

  • Keep Personal Data separate from any other data held for other Customers and/or third parties.

  • Designate a contact person responsible for cooperating with the Customer regarding the processing of Personal Data and report to the Customer in writing upon request regarding security and obligations related to data processing.

9.4. By using the website, you consent to us using the contact details provided by you for the purpose of informing you about the ESTEEME platform and/or other products that may interest you. This may include contacting you by telephone (including texting) and sending other marketing material through e-mail, notices, and/or messages on the website. You can withdraw your consent for individually targeted communications at any time by contacting us at support@esteeme.net .

10. MODIFICATIONS OF ESTEEME PLATFORM

10.1. The Company retains the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, either temporarily or permanently, the ESTEEME platform (or any part thereof) without prior notice, at any time and at its sole discretion. You acknowledge that the Company is not liable to you for any modification, suspension, or discontinuation of our ESTEEME platform.

11. AVAILIABILITY OF ESTEEME PLATFORM

11.1. The accessibility and functionality of the ESTEEME platform are contingent on various factors, including communication networks, software, hardware, and the Company's external service providers and contractors. The Company does not guarantee or warrant that the ESTEEME platform will continuously operate without disruption or interruption, or that it will remain immune from unauthorized access and error-free.

12. DISCLAIMER. WARRANTIES. LIMITATION OF LIABILITY

12.1. You acknowledge that the Company cannot guarantee or warrant that files available for download from the internet or the website will be free of viruses or other destructive code. It is your responsibility to implement adequate procedures and checkpoints to meet your specific requirements for anti-virus protection, data accuracy, and maintenance of an external means for reconstructing any lost data.

12.2. YOUR USE OF THE ESTEEME PLATFORM IS AT YOUR OWN RISK. THE ESTEEME PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS (HEREINAFTER REFERRED TO AS THE "COMPANY'S REPRESENTATIVES"), MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, USABILITY, SUITABILITY, ACCURACY, EFFECTIVENESS, OR AVAILABILITY OF THE SITE AND/OR SERVICES AND/OR ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE ESTEEME PLATFORM. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE ESTEEME PLATFORM. TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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.

12.3. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES THAT THE ESTEEME PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES, AND/OR THE SERVERS MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE AND/OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE, AND MAKE ANY OTHER CHANGES TO THE ESTEEME PLATFORM AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT NOTICE TO YOU.

12.4. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE ESTEEME PLATFORM, INCLUDING THE USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE ESTEEME PLATFORM, IS ENTIRELY, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

12.5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE. THESE DAMAGES MAY ARISE FROM OR BE RELATED TO THE ESTEEME PLATFORM, THE USE OR INABILITY TO USE THE ESTEEME PLATFORM, FAILURE OF THE ESTEEME PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA, OR PROFITS, PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS OF USE, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER. THIS INCLUDES DAMAGES ARISING FROM THE CONDUCT OF USERS AND/OR EXTERNAL PROVIDER SERVICES.

12.5. ANY ACTION FOR BREACH OF THESE TERMS OF USE MUST BE INITIATED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SUCH LIMITATIONS MAY NOT APPLY TO USERS RESIDING IN THOSE JURISDICTIONS.

12.6. THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER ARISING FROM CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY CONSTITUTE AGREED-UPON RISK ALLOCATIONS, FORMING PART OF THE CONSIDERATION FOR PROVIDING THE ESTEEME PLATFORM TO YOU. SUCH LIMITATIONS REMAIN EFFECTIVE EVEN IF THE COMPANY, ITS AFFILIATES, AND/OR COMPANY'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES, AND EVEN IN CASE OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY EXTENDS TO THE FULLEST EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION. IN NO EVENT SHALL THE COMPANY'S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNTS PAID TO THE COMPANY FOR THE USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO THE COMPANY FOR THE USE OF THE ESTEEME PLATFORM, THEN THE COMPANY SHALL NOT BE LIABLE TO YOU.

12.7. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR MATTERS THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

13. IDEMNIFICATION

13.1 You undertake to defend, indemnify, and hold the Company and any Company's Representatives harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees, and expenses (including attorney’s fees) arising directly or indirectly from:

  • Your utilization of the ESTEEME platform (or any part thereof).

  • A breach of these Terms of Use by you.

  • Any form of damage, whether direct, indirect, special, or consequential, caused by you to any third party related to your use of (or inability to use) the ESTEEME platform.

  • Your infringement of any third-party intellectual property rights, privacy rights, or other rights in connection with your use of the ESTEEME platform or provision of information to the ESTEEME platform (including, but not limited to, obtaining consents from the requisite parties).

  • Your violation of any applicable law or regulation.

14. TERMS OF USE AMENDMENTS

14.1. The Company explicitly reserves the right to modify these ESTEEME End Users’ Terms of Use or Privacy Policy at its sole discretion. The Company will use commercially reasonable efforts to inform users of any significant changes to these Terms of Use by posting the new terms on the website and/or ESTEEME platform or by sending an email to the registered email address. Such substantial changes will become effective ten business days after notice is provided through any of the mentioned methods. In contrast, all other changes to these Terms of Use are effective as of the stated “Last Revised” date, and your continued use of the ESTEEME platform after the Last Revised date will indicate acceptance of and agreement to be bound by those changes. Please note that amendments to comply with legal requirements may take effect immediately and without prior notice, as required by law.

15. TERMINATION

15.1. The Company reserves the right to terminate or suspend your access to all or part of the ESTEEME platform for any reason, including violations of the Terms of Use.

15.2. Moreover, the Company may, at its sole discretion, cease the operation of our website and ESTEEME platform, either temporarily or permanently, without prior notice. You acknowledge that the Company bears no responsibility for the termination of our website and ESTEEME platform operation and the loss of any data. The following provisions will survive the termination or expiration of the Terms: Section 4 (“User Declarations and Guarantees (Representations and Warranties)”); Section 5 (“Restrictions on Usage”); Section 6 (“Use of Services. Content Provided by Users”); Section 7 (“Services and Components from External Providers”); Section 8 (“Intellectual Property Rights”); Section 9 (“Data Protection. Privacy”); Section 12 (“Disclaimer. Warranties. Limitation Of Liability”); Section 13 (“Indemnification”); Section 15 (“Termination”); Section 16 (“Miscellaneous”).

16. MISCELLANEOUS

16.1. These Terms of Use constitute the entire agreement between you and the Company, superseding any prior written or oral agreements or understandings.

16.2. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, it will be considered separate from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

16.3. No waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default.

16. 4. These Terms of Use do not establish a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.

16.5. Notices to you may be delivered via email, regular mail, or by displaying such notices on the ESTEEME platform.

16.6. Any claim related to the ESTEEME platform, or its use will be governed by and interpreted in accordance with the laws of England and Wales. Disputes arising from your use of the ESTEEME platform shall be conclusively settled through arbitration under the Rules for Expedited Arbitrations of the SCC Arbitration Institute, with English as the language of the proceedings. The Arbitral Tribunal shall consist of a sole arbitrator.

16.7. You may not assign, sublicense, or transfer any or all your rights or obligations under these Terms of Use without the Company's prior written consent.

16.8. Headings, captions, or section titles are inserted for convenience and do not define or explain any section or provision herein.

Contact Us

If you have any questions or comments regarding Terms of Use please contact us:

Keetcode LTD, 

Griva Digeni, 

34Α Office 202 3106, 

Limassol, Cyprus 

email: info@esteeme.net