TERMS AND CONDITIONS

Last updated: November 9, 2023

1. Interpretation and Definitions

1.1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or the plural form.
1.2. Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", “Us", or "Our" in this Agreement) refers to SIA Sorsera, registered in the Republic of Latvia under registration number 40203272683, registered address: Liliju 20, Marupe, Marupes parish, Latvia.
Content refers to all elements contained on the Website, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.
• Contributions refer to any content, information or materials You provide Us or on the Website, including Feedback.
Feedback means questions, comments, innovations, suggestions or other information sent by You regarding the Website or Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Marks refer to all trademarks, service marks and logos.
Order means a request by You to gain access to or to use a Service.
Public Organizations refer to entities established and operated by governments at various levels (local, regional, national, or international) to provide public services, implement government policies, and perform functions that serve the interests and needs of the general public.
• Service refers to market intelligence solutions for procurement provided by the Company through the Website.
Subscriptions refer to the Service or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Website refers to and is accessible from https://www.sorsera.com/ and https://app.sorsera.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgement

These are the Terms and Conditions governing the use of the Website and the Service available on the Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website and Service. A separate Service agreement may be concluded with the Website user.

For the provision of Services, the Company uses information and data from open data sources for the correctness, accuracy and relevance of which it is not responsible.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. User Accounts

To access and use the Service, You create an Account with Us, and You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on the Website.

You are responsible for both safeguarding and maintaining the confidentiality of the password that You use to access the Service. This includes controlling access and ensuring limited availability of such access, as You bear responsibility for all activities or actions that occur under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

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

4. Placing Orders

By placing an Order for Service through the Account, You warrant that You are legally capable of entering into binding contracts.

4.1. Your Information
If You wish to place an Order for Service available on the Website, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address.

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

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

4.2. Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to fraud or an unauthorized or illegal transaction is suspected.

All purchased Services are non-refundable. Once a purchase is completed, it cannot be reversed or refunded.

Certain refund requests for Services may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

5. Price Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

We retain the prerogative to rectify any pricing errors or inaccuracies, irrespective of whether payment for Service has been solicited or received.

6. Payments

All services purchased are subject to a one-time or recurring payment. Payments can be made through various methods available, such as Visa, MasterCard, online payment methods (e.g., Stripe), or You can be sent a bill to your provided email.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. 

The Company shall provide the requested Services to You only upon the successful receipt of payment for those Services.

All payments are in Euros.

Public Organizations may access and use the Service for free.

7. Subscriptions

The Service for legal entities that are not Public Organizations is available with a paid Subscription for one month, one year, three years or five years. You have to pay in advance for the whole selected Subscription period.

At the end of each Subscription period, You will be sent an invoice to renew Your Subscription. If You initially paid for Your Subscription with the card, Your card will be automatically charged upon each renewal. If the invoice is not paid within a certain deadline date indicated in the invoice or if Your card cannot be charged, Your Subscription will not be renewed. 

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company, as well as in cases stipulated by local regulations.

If You have a Subscription, You have the right to cancel the Subscription at any time by providing written notice to Us or through the Account. You can send your cancellation notice to info@sorsera.com. Your cancellation request shall become effective at the conclusion of the ongoing paid Subscription term. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

7.1. Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a period not exceeding 21 (twenty-one) days.

You may be required to enter Your billing information in order to sign up for the Free Trial.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

8. Availability, Errors and Inaccuracies

The company maintains the right to alter, remove, or halt the Website at any moment, without prior notice and at its discretion. This includes changing content (including information and data used for Services), stopping Services, or modifying prices. The Company is not responsible for any impact these changes may have on You. The Website might not always be available due to potential technical issues or maintenance. The Company is not liable for any inconvenience or loss caused by Website downtime or changes made to the information and data used for Services. Additionally, the Company does not promise to regularly update the Website. The Website may have typographical or informational errors, and the Company reserves the right to correct these and update information without prior notice.

9. Intellectual Property

Unless specified otherwise, the Website and its original Content (excluding Contributions provided by You, other users, or third-party information that the Company uses to provide the Services), features, and functionality are exclusively owned or controlled by the Company. They are protected by applicable laws in the Republic of Latvia, the European Union, international copyright laws, and international conventions. The Marks are owned or controlled by the Company or third parties.

The Content and Marks on the Website are provided "AS IS" for Your personal and informational use only. Unless explicitly stated in these Terms, You must not copy, reproduce, distribute, or use any part of the Website, Content, or Marks for commercial purposes without Our written consent. Nevertheless, You might receive limited permission to access, use, download, or print portions of the Content for personal and internal business purposes only, as long as such access aligns with these Terms. Please note that commercial exploitation of the information is strictly prohibited.

The Company explicitly retains full and exclusive ownership of all intellectual property rights pertaining to the software, algorithms, databases, proprietary technology, and any confidential data utilized within the Service.

We respect intellectual property rights, and if you believe there is copyright infringement on the Website, please notify us promptly; however, making false claims may result in liability, so consult legal counsel if unsure.

10. Contributions

The Website might enable You to engage in various activities, including creating and sharing Contributions, which may be viewed by others. You understand and agree that: (i) Your Contributions may not be confidential unless specified otherwise, (ii) You must have the necessary rights to use and allow Us and other users to use Your Contributions as per these Terms, (iii) Your Contributions must be accurate, lawful, and not violate the rights or harm others, (iv) Your Contributions must not be spam, offensive, abusive, or illegal, (v) You grant Us a simple license for which no royalties are payable that allows the Company to use, reproduce, publish, adapt, modify, translate, publicly perform, publicly display and distribute or make available the Contributions, (vi) in order to transmit and distribute Contributions across various public networks and in different informational settings, the We reserve the right to make any necessary modifications to the content of the Contributions to ensure they are compatible with and can be adapted to the technical specifications of networks, devices, services, and methods of media delivery, (vii) the Company disclaims any responsibility for Contributions published or exchanged by Website users, as well as for any consequences arising from such activities.

11. User Data

We will hold onto specific data You submit to the Website, aligning with the guidelines in the ISO 27001:2022 standard. We keep this data to monitor and optimize the Website's functionality, and this encompasses details of Your engagements with the Website. While We routinely back up data, the obligation is on You to oversee any data You share or related to Your activities on the Website. You understand that we are not accountable for any harm or loss of such data, and You forgo any potential claims against Us due to any such data damage or loss.

12. Links to Other Websites

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

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Leaving the Website means these Terms no longer apply; therefore, We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Advertisers (if any) are responsible for their ads on the Website, warranting they have the necessary rights, and We provide ad space without other affiliations.

13. Prohibited Activities

You may only use the Website and Service for its intended purpose. You agree not to: (i) collect data from the Website without permission, (ii) attempt to deceive or gain sensitive information, (iii) bypass security features, (iv) harm Our reputation or others, (v) violate laws and regulations, (vi) engage in unauthorized linking or framing, (vii) upload viruses or spam, (viii) remove copyright notices, (ix) impersonate others, (x) use spyware or similar tools, (xi) disrupt the Website or harass Our staff, (xii) attempt to bypass security measures, (xiii) copy or reverse engineer the Website's software, (xiv) use automated systems to access the Website, (xv) collect user information for unsolicited emails, (xvi) compete with Us or use the Website or Service for revenue without permission.

14. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

15. Indemnification

You agree to protect us and our related companies, partners, officers, agents, and employees from any claims, losses, damages, liabilities, or demands made by third parties due to or arising from: (i) Your contributions, (ii) Your use of the Website, (iii) violation of these Terms, (iv) breach of your promises and guarantees mentioned in these Terms, (v) infringement of a third party's rights, including intellectual property rights, (vi) any harmful actions towards other users of the Website with whom you have connected or interacted via the Website.

We will make reasonable efforts to inform you of any such claim, legal action, or proceeding subject to this indemnification as soon as we become aware of it.

16. “AS IS” and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's affiliates or partners makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website or Service, or the information, content, and materials or products included thereon; (ii) that the Website or Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

17. Limitation of Liability

You acknowledge and agree that the Company, its affiliates, and their respective directors, officers, employees, agents, and representatives will not be liable for any kind of damages, whether direct, indirect, special, incidental, consequential, punitive, or aggravated. This includes but is not limited to, loss of use, income, profits, data, goodwill, or the costs associated with obtaining substitute services. This limitation of liability applies to damages arising from the use or inability to use the Website, the cost of procuring alternative services or websites, unauthorized access or alteration of Your transmissions or data, the actions or statements of any third party on the Website, or any other related issues. This exclusion of liability is to be upheld to the maximum extent allowed by Latvian law.

17.2. The Company may assign any or all its rights and obligations to others at any time.

18. Governing Law

The laws of the Republic of Latvia shall govern these Terms and Your use of the Service.

19. Dispute Resolution

If You have any concerns or disputes about the Service, You agree first to try to resolve the dispute informally by contacting the Company.

If the respective dispute resulting from these Terms cannot be settled by negotiations, then the dispute will be solved in the court of the Republic of Latvia.

20. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

21. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute unless local regulations stipulate otherwise.

22. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

 23. Communication

Engaging with the Website, sending Us emails, or filling out online forms all fall under the category of electronic communications. By using Our Service, You give Your consent to receive electronic communications. You also acknowledge that any agreements, notifications, disclosures, and other communications We send to you electronically, whether via email or on the Website, fulfill any legal obligation for such communications to be in written form.

Furthermore, You hereby agree to the use of electronic signatures, electronic Orders, and other electronic records, as well as the electronic delivery of notices, policies, and records of transactions that are initiated or completed by Us.

24. Contact Us

If you have any questions about these Terms, Website or Service, You can contact us by email at info@sorsera.com or by phone (371) 29 360 595.