TERMS OF SERVICE
Last updated:
These terms govern your use of Fillenza and the services available through the Fillenza Portal. See our Pricing for plan details.
AGREEMENT TO OUR LEGAL TERMS
We are CSHARPAD DOO, doing business as Fillenza ("Company," "we," "us," "our"), a company registered in Serbia at Ludaski sor 74, Supljak 24418. Our VAT number is 112071245.
We operate the website https://fillenza.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Fillenza is an AI-native developer tool that transforms unstructured input (text, documents, images) into structured form data. Our JavaScript widget is designed to be embedded by developers into third-party websites, enabling intelligent, automated form filling without changing existing forms or workflows.
You can contact us by email at support@fillenza.com or by mail to Ludaski sor 74, Supljak 24418, Serbia.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and CSHARPAD DOO, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will provide at least 30 days' prior notice of any material changes by updating the "Last updated" date of these Legal Terms and, where practicable, by notifying you via email or through the Services. If you do not agree with the revised Legal Terms, you may cancel your subscription before the changes take effect. Your continued use of the Services after the effective date of the revised Legal Terms constitutes your acceptance of the changes.
We do not knowingly collect data from or market to children under 16 years of age, in accordance with the GDPR age threshold. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS AND BILLING
- API KEYS AND USAGE
- DEVELOPER REBATE PROGRAM
- DATA PROCESSING AND AI SERVICES
- PROHIBITED ACTIVITIES
- CONTRIBUTION LICENSE
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY NOTICE AND DATA SECURITY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
Fillenza provides an AI-powered form-filling widget and associated developer tools designed primarily for business and developer use (B2B). Our Services enable developers to integrate intelligent, automated form completion into their websites and web applications through a JavaScript widget and API.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and treaties around the world.
The Content and Marks are provided in or through the Services "AS IS" for your use in accordance with your subscription plan.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services;
- integrate the Fillenza widget into your own websites and web applications, including those operated on behalf of your clients;
- download or print a copy of any portion of the Content to which you have properly gained access.
This license expressly permits the embedding and use of the Fillenza widget on third-party websites as part of your development services. You may integrate the widget into websites you build for your clients, provided each integration uses a valid API key associated with an active subscription.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@fillenza.com.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and feedback
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such Submission for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You retain ownership of your Submissions, but grant us the unrestricted right to use them. This applies equally to Contributions as defined in Section 11.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 16 years of age, or if under 16, you have received parental or guardian permission to use the Services in accordance with applicable law; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, except through the authorized use of our API and widget as documented; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change an account identifier (such as your email address or display name) you use if we determine, in our sole discretion, that such identifier is inappropriate, obscene, or otherwise objectionable.
Two-Factor Authentication (2FA)
When enabled, 2FA verification is required for sensitive account operations including: disabling 2FA, regenerating recovery codes, account deletion, subscription management (cancellation, suspension, reactivation), and billing profile changes. You are responsible for maintaining access to your authenticator device and securely storing your recovery codes.
5. PURCHASES AND PAYMENT
All payments for the Services are processed through our Merchant of Record, Paddle (Paddle.com Market Limited). Paddle acts as the seller of record for all transactions, meaning your purchase agreement for payment purposes is with Paddle, not directly with CSHARPAD DOO.
By purchasing a subscription, you also agree to Paddle's terms:
- Paddle Buyer Terms: https://www.paddle.com/legal/buyer-terms
- Paddle Privacy Policy: https://www.paddle.com/legal/privacy
The following payment methods are available through Paddle:
- Credit and debit cards (Visa, Mastercard, American Express, and others)
- PayPal
- Google Pay
All prices are in US dollars (USD). Sales tax, VAT, and other applicable taxes are calculated and collected by Paddle in accordance with your jurisdiction. Paddle handles all tax compliance as the Merchant of Record.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
Subscription Suspension and Reactivation. If your subscription is suspended (whether by your request, account deletion initiation, or for any other reason), no credit, refund, or proration will be issued for any unused portion of your current billing period. Upon reactivation of a suspended subscription, a new billing period begins immediately and the full subscription fee is charged at that time. By initiating account deletion, you acknowledge that all active subscriptions will be suspended under these terms.
6. SUBSCRIPTIONS AND BILLING
Subscription Plans
Fillenza operates on a usage-based subscription model. The billing unit is the Smart Fill (SF) — each AI-powered form completion constitutes one Smart Fill. Our subscription tiers are organized into three categories:
Free Tier:
- $0/month, 50 Smart Fills included
- No credit card required
- 1 test API key
Developer Tiers (D1-D5): Smart Fill quotas are shared across all API keys within a subscription (e.g., a D2 subscription with 8 keys has a total pool of 8,000 Smart Fills, usable through any combination of keys). The number of test API keys represents the maximum that can be created per subscription.
| Tier | Price (USD/mo) | Smart Fills | Test API Keys |
|---|---|---|---|
| D1 | $24 | 3,000 | 3 |
| D2 | $59 | 8,000 | 8 |
| D3 | $139 | 20,000 | 20 |
| D4 | $339 | 50,000 | 50 |
| D5 | $1,190 | 200,000 | 200 |
Production Tiers (P1-P5):
| Tier | Price (USD/mo) | Smart Fills |
|---|---|---|
| P1 | $49 | 6,000 |
| P2 | $119 | 15,000 |
| P3 | $299 | 40,000 |
| P4 | $699 | 100,000 |
| P5 | $1,990 | 300,000 |
Billing and Renewal
Your subscription billing cycle is one (1) month, calculated from the date of your most recent payment. Your subscription will automatically renew under the following conditions:
- If your Smart Fill quota is not exhausted: Your subscription renews at the end of the one-month billing period from your last payment.
- If your Smart Fill quota is exhausted before the billing period ends (Production tiers): For Production (P) tier subscriptions, a renewal is initiated promptly upon quota exhaustion, with a 24-hour grace period during which the service remains accessible. Once the renewal payment is processed, a new one-month billing period starts from the renewal date.
- If your Smart Fill quota is exhausted before the billing period ends (Developer and Free tiers): For Developer (D) and Free tier subscriptions, further Smart Fill requests will be declined until the next billing cycle begins. No automatic renewal or additional charges will occur mid-cycle.
You consent to our charging your payment method on a recurring basis through Paddle without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. After cancellation, you will retain access to the Services until the end of your current billing period. You may reactivate your subscription at any time before the billing period ends, and your subscription will continue without interruption. After your billing period ends, your paid subscription is deactivated. You may create a new Free tier subscription through the Fillenza Portal at any time. If you have any questions or are unsatisfied with our Services, please email us at support@fillenza.com.
Downgrade
If you downgrade your subscription to a lower tier, Paddle automatically calculates the pro-rated difference for the remaining billing period and converts it to a Credit Balance in your Paddle account. This credit is automatically applied to your next subscription payment. The Credit Balance is managed entirely by Paddle and is visible on your Fillenza Portal Dashboard. For details, see our Refund Policy.
Refund Policy
All subscription payments are non-refundable once processed. We offer a Free tier so you can evaluate the Services before committing to a paid plan. For full details on refunds, statutory rights, and chargebacks, please review our Refund Policy.
Fee Changes
We may, from time to time, make changes to the subscription fees and will communicate any price changes to you in accordance with applicable law. Price changes will take effect at the start of your next billing cycle following notification.
7. API KEYS AND USAGE
Fillenza provides two types of API keys, each governed by specific usage restrictions:
Test API Keys (pk_test_...)
Test API keys are provided exclusively for development, testing, and non-commercial evaluation purposes. You may NOT use test API keys in any production or commercial environment. Test API keys are included with Developer (D) tier subscriptions and the Free tier.
Live API Keys (pk_live_...)
Live API keys are intended for production use and are bound to specific authorized domains. Live API keys are included with Production (P) tier subscriptions. There are no restrictions on commercial use for live API keys, provided you maintain an active Production tier subscription.
API Key Responsibility
You are solely responsible for maintaining the security and confidentiality of your API keys. Any activity that occurs using your API keys is your responsibility. You must immediately notify us at support@fillenza.com if you become aware of any unauthorized use of your API keys.
8. DEVELOPER REBATE PROGRAM
Developers with an active Developer (D) tier subscription may be eligible for a rebate based on the Production (P) tier usage generated through their integrations.
Rebate Rates
Rebate percentages are determined by the Developer's subscription tier:
| Developer Tier | Rebate Rate |
|---|---|
| D1 | 1% |
| D2 | 2% |
| D3 | 3% |
| D4 | 4% |
| D5 | 5% |
The rebate is calculated on the subscription list price of Production tier subscriptions attributable to the Developer's integrations. Rebate details and history will be made available through your Developer account. We reserve the right to modify the rebate program at any time with prior notice. Modifications to the rebate program apply prospectively only and do not affect rebates already earned and credited.
9. DATA PROCESSING AND AI SERVICES
Privacy by Design
Fillenza is built on a Privacy by Design architecture. Our core principle is: "Processed, not stored. Your data stays yours."
End-to-End Encryption
All data transmitted through the Fillenza widget is protected by strong, industry-standard end-to-end encryption:
- Key Exchange: RSA-OAEP-256 (asymmetric encryption for secure key exchange)
- Payload Encryption: AES-256-GCM (symmetric encryption for data)
- Unique Keys: Every fill request uses a unique, one-time symmetric encryption key. No two data transmissions are ever encrypted with the same key.
- Key Disposal: All session encryption keys (used for individual fill requests) are immediately and permanently destroyed after a single use. Keys cannot be recovered, reused, or reconstructed.
- Fillenza Request Token (FRT): Each API request is authorized with a short-lived (up to 5 minutes), single-use JSON Web Token (JWT). After use or expiration, the token is permanently invalidated.
Data Handling
The Fillenza widget processes user input (text, documents, images) for the sole purpose of form completion. This data is handled as follows:
- No Persistent Storage: User-submitted data through the widget (text, documents, images) is NEVER stored on our servers. Data is processed in real-time and discarded immediately after the form-filling operation is complete.
- No AI Training: User data is never used for training, fine-tuning, or improving any AI models.
- Operational Metadata: We retain operational metadata — such as usage counts, performance metrics, and internal audit logs (which may include user identifiers and change records) — for service improvement, billing, security monitoring, and regulatory compliance purposes. No user-submitted content (text, documents, images) is included in these records.
Portal Data
The Fillenza Portal (management dashboard) stores business and billing information provided by you — including company name, VAT number, company registration number, and billing address — for account management and invoicing purposes. This information is treated as sensitive data and protected accordingly. No personal end-user data from widget interactions is stored in the Portal.
AI Processing Infrastructure
- Primary Processing: Fillenza uses an On-Premise LLM (Large Language Model) server located in Serbia for AI processing. This server does not store, retain, or log any user data. All processing is ephemeral — data exists in memory only during the active processing of a request and is discarded immediately upon completion.
- Fallback Processing: In the event that our On-Premise LLM server is unavailable or under heavy load, data may be routed to cloud-based AI services (specifically, Azure OpenAI Service hosted in the EU — West Europe region). In such cases, Azure OpenAI's terms and conditions apply to the processing of that data. We do not have direct control over data retention practices of cloud AI providers; however, Azure OpenAI Service is configured not to store or train on customer data. For Azure OpenAI's data handling policies, please refer to Microsoft's Azure OpenAI Service terms.
AI Accuracy Disclaimer
AI-GENERATED FORM SUGGESTIONS ARE PROVIDED FOR CONVENIENCE ONLY AND MAY CONTAIN INACCURACIES. THE END USER IS SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ALL AI-GENERATED FORM DATA BEFORE SUBMISSION. FILLENZA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR SUITABILITY OF AI-GENERATED SUGGESTIONS FOR ANY PURPOSE. UNDER NO CIRCUMSTANCES SHALL FILLENZA BE LIABLE FOR DAMAGES ARISING FROM RELIANCE ON AI-GENERATED FORM SUGGESTIONS WITHOUT INDEPENDENT VERIFICATION.
Third-Party AI Services
Fillenza does not warrant the performance, availability, or accuracy of third-party AI services (including Azure OpenAI Service) used for fallback processing. Third-party AI services are provided under their own terms, and Fillenza disclaims all liability for their failures or inaccuracies.
For the full terms governing Fillenza's obligations as a data processor under GDPR Article 28, including sub-processor management, audit rights, and data deletion procedures, please refer to our Data Processing Agreement.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or API keys.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including the end-to-end encryption, domain binding, or API key validation mechanisms.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system outside of the documented API and widget integration methods.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to the widget source code, API infrastructure, or encryption mechanisms.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Use test API keys (pk_test_...) in any production or commercial environment.
- Share, redistribute, or publicly expose your API keys.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise outside the scope of your subscription.
- Sell or otherwise transfer your profile or API keys.
11. CONTRIBUTION LICENSE
For purposes of this section, "Contributions" means any feedback, suggestions, bug reports, feature requests, or other content you voluntarily submit to us about the Services (excluding data processed through the widget, which is governed by Section 9). Contributions are subject to the same license terms as Submissions defined in Section 2.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Notice and your choices (including settings).
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license granted in Section 2. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
In particular, payment processing is handled by Paddle (see Section 5), and your payment relationship is governed by Paddle's own terms and policies.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your API keys or access to the Services; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY NOTICE AND DATA SECURITY
We care about data privacy and security. Our commitment to privacy is not just a policy — it is embedded in our architecture. Please review our Privacy Notice: fillenza.com/privacy. By using the Services, you agree to be bound by our Privacy Notice, which is incorporated into these Legal Terms. Our Privacy Notice details your rights under the GDPR (including the right to access, rectify, erase, and port your data), our cookie and tracking practices, and how to exercise these rights.
Hosting and Data Location
Our primary infrastructure is hosted on Microsoft Azure in the West Europe region (EU). Your account data and service metadata are processed and stored within the EU. Our On-Premise LLM server is located in Serbia and processes data ephemerally without any storage.
Data Transfer
If you access the Services from outside the European Union, your interaction data is processed in the EU (West Europe Azure region). By using the Services, you expressly consent to have your data processed in the EU. Widget data in transit is protected by the application-level end-to-end encryption described in Section 9. All other communications are secured via TLS.
Security Measures
The Fillenza widget implements application-level end-to-end encryption as detailed in Section 9. For all other communications (including Portal access and billing operations), we implement the following security measures:
- TLS 1.2 or higher for all transport layer communications
- Domain-bound API keys preventing unauthorized usage from unregistered origins
- Database-level data isolation using user-scoped query filters, ensuring strict data separation between customers
- Ephemeral, single-use cryptographic keys for every widget encryption operation
- Short-lived (up to 5 minutes), single-use JWT tokens (FRT) for widget request authorization
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. Our infrastructure is hosted on Microsoft Azure, which provides enterprise-grade availability; however, we may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We will use commercially reasonable efforts to maintain service availability. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Serbia. CSHARPAD DOO and yourself irrevocably consent that the courts of Serbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. This choice of governing law shall not deprive consumers in the European Union of the protection afforded by provisions that cannot be derogated from by agreement under the law of their habitual residence, as provided by Article 6(2) of the Rome I Regulation (EC) No 593/2008.
18. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Serbia courts. CSHARPAD DOO shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
For consumers in the European Union: The European Commission provides a directory of consumer dispute resolution bodies, which you can access at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies. We are willing to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CSHARPAD DOO. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN ANY TWELVE (12) MONTH PERIOD SHALL NOT EXCEED THIS SAME AMOUNT. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE LEGAL TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DAMAGES THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (6) any claim by an End User or Data Subject arising from your failure to provide adequate privacy notices or obtain necessary consents regarding the use of the Fillenza widget on your website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. MISCELLANEOUS
Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Legal Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, power or internet outages, failures of third-party cloud infrastructure providers (including but not limited to Microsoft Azure), government actions, or any other force majeure event. During such events, our obligations under these Legal Terms shall be suspended for the duration of the force majeure event.
General Provisions
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Survival
Sections 20 (Disclaimer), 21 (Limitations of Liability), 22 (Indemnification), 23 (User Data), and 25 (Miscellaneous, including Force Majeure) shall survive termination of these Legal Terms.
For California residents: If any complaint with us is not satisfactorily resolved, please note that as Paddle acts as the Merchant of Record for all transactions, payment-related complaints should be directed to Paddle in accordance with their buyer terms. For all other service-related matters, you may contact us directly.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
CSHARPAD DOO
Ludaski sor 74
Supljak 24418
Serbia
support@fillenza.com