WE RECOMMEND YOU TO TAKE YOUR TIME TO READ THESE TERMS OF USE & CLIENT SERVICES AGREEMENT, FOR IT HOLDS IMPORTANT INFORMATION THAT COVERS YOUR LEGAL RIGHTS AND REMEDIES.

Last updated: January 2, 2018

 

1. Introduction

This Terms of Use & Client Services Agreement (“Agreement”) governs your use of EinsteinSupport.com, a part of E-Commerce Business Grupp OÜ – a company officially registered in the country of Estonia. This Agreement becomes effective once you start using this website (“Site”) and serves as an addition to any other terms and conditions that may apply to you as a user of other products and services (collectively the “Services”) of E-Commerce Business Grupp.

Your access to and use of this Site and Services or any of their parts, or services of other companies provided through this Site from any type of computing device (be it a personal computer , mobile phone or any other mobile device) is conditioned on your awareness of, acceptance of, and compliance with the terms of this Agreement.

EinsteinSupport.com shall be referred to as “we”, “us”, or “our”. Any individual or organization that accesses this Site shall be referred to as  “you”, “your”, “User”, “client” or “customer”. Any individual or organization that has intended to use Einstein Support Services and has expressed this intention to Einstein Support shall be referred to as “Prospect”. Any individual or organization that has made use of any of the EINSTEIN SUPPORT’s Services shall be referred to as “Client”. No part of this Agreement grants any third-party any rights or privileges.

The relationship between you and any third-party, whose services are provided through the Site, or whose features and functionality you access by means of the Site, is determined by the respective party’s own terms and conditions.

EinsteinSupport reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. Any new terms, changes or modifications shall take effect immediately after being posted on this Site. From that moment onward your use of this Site shall imply your acceptance of and compliance with the Agreement as last revised. In case you refuse to accept the latest version of the Agreement, restrain from using this Site. EinsteinSupport may provide a notice of some of the changes to the Agreement by e-mail.

 

2. Eligibility and Authority

This Site may be used only by Users, who are eligible for engaging in legal contracts under applicable law. Your use of this Site and Services implies that you are:

(i) 18 (eighteen) years of age or older;

(ii) Eligible to be engaged in legal contracts under applicable law, and

(iii) Not subjected to legal prohibition on purchasing or using these Services under the laws of the United States.

If you use this Site or Services as a representative of a legal entity, you imply that you have a legal authority to act on behalf of this entity , including entering into this Agreement. In such a case the terms “you”, “your”, “User” or “customer” shall refer to this entity. In case it emerges that you do not have a legal right to have entered into the Agreement on behalf of such entity, you will be the one to hold responsibility for obligations outlined in this Agreement, including payment obligations. EinsteinSupport relies on documents and communication, which prove an individual’s authority to act on behalf of a corporate entity provided by that individual to EinsteinSupport. Therefore, EinsteinSupport shall not be responsible for any loss or lesion resulting from such reliance. In case the authenticity of an individual’s documents or communication that warrant his or her legal rights to act on behalf of a certain entity is doubted by EinsteinSupport, we reserve the right (but no obligation) to request additional supporting evidence from that individual. If you or anyone acting on your behalf enter into transactions with EinsteinSupport, you agree to be bound by the terms of this Agreement.

 

3. Restrictions on Use

EinsteinSupport applies restrictions on your use of this Site. By using this Site you agree that you are doing so at your own risk. The Site reserves the right to not be available in some geographic locations at certain times.

In addition, you are not allowed to:

(i) retrieve or try to retrieve personal data of other users by any means, including electronic ones, with an intention to send unsolicited emails or making unauthorized links to the Site;

(ii) make knowingly false or fraudulent statements to us or other users of the Site or disclosure of private information;

(iii) use any robotized,  automated or manual means of accessing, copying and monitoring any type of content of this Site without our authorization;

(iv) incorporate any part of the Site to third-party websites  without our authorization expressed in written form;

(v) use the Site in inappropriate ways, which may damage, disrupt, overload or impair the Site or hinder other User’s use of the Site;

(vi) take advantage of unintentional disclosure of information by the Site by unauthorized obtaining of such information;

(vii) copy, change, distribute, reveal, give away, use, replicate,  publish, transfer, sell or create derivative works from any information, content, services, or products that belong to or are connected to EinsteinSupport, which have been made  available through the Site, but have not been provided by EinsteinSupport;

(viii) change, reverse engineer, decompile, disassemble, make copies of any parts of the Site, unless otherwise is allowed by law;

(ix) interfere with security-related processes and features of the Site, features that limit or deny use or copying of the content of the Site, or features that limit the use of the Site by removing, disabling, circumventing, damaging or undertaking other acts of sabotage; or

(x) remove any proprietary rights notices from the Site, including the copyright notice.

 

4. Accounts and Usage

EinsteinSupport may collect the following information from you as you provide it on voluntary basis: name, address, email address or phone number. By providing this information you agree to receive periodical communications from EinsteinSupport, including but not limited to transactional information, payment notices and updates, and purchasing information. By accepting the terms and conditions of this Agreement you agree that such communications with EinsteinSupport will satisfy any legal communications requirements and that all the electronic documentation you receive from EinsteinSupport (notices, disclosures, agreements) is equated with written communications. You may unsubscribe from receiving non-essential information when such option becomes available.

You are aware that the foregoing license grant is by no means a sale of the Site and EinsteinSupport holds all the rights, interest and title in and to the Site or any of its parts or copies.

 

5. Proprietary Information

The content and material made available through this Site or any other websites that are a property of  EinsteinSupport or licensed, operated or controlled by it, constitutes the proprietary information of EinsteinSupport or a third party entity that provided or licensed the content and material to EinsteinSupport. As such, any part of such content or material may not be copied, replicated, distributed, uploaded, published on the Internet, or by other means transmitted without prior permission issued by EinsteinSupport in writing. Any use of the content or material from the Site not specified by this Agreement or modification of such content and material is a violation of EinsteinSupport intellectual property rights. By accessing the Site you do not receive any intellectual property rights or title to the Site.

 

6. Privacy Policy

By accessing and using the Site you agree that you have read, understand and accept our Privacy Policy (read more here), with is comprehensively set forth herein by reference.

 

7. Purchased Services, Pricing, Payments & Refund Policy

EinsteinSupport provides customer support services either on an hourly or fixed rate basis depending on the preferences of a client. If the client would like to use our hourly plan, they will receive an invoice with the exact number of hours spent on customer support with the detailed time reports in PDF format attached. If the client would like to use our fixed rate plan, they will receive an invoice with the fixed rate as agreed previously. 

The invoices are sent either via PayPal or email address (for the wire transfer). 

Please note that refunds are allowed if our approval is given via support ticket or email service. Any unauthorized chargebacks or PayPal disputes will not be granted and you will be blacklisted from our service. 

 

8. Liability Disclaimers

Please take time to read this section. It outlines the liability limits of EinsteinSupport, its affiliates, subsidiaries, partners, suppliers, vendors, licensors, and other related entities and its executives, employees, directors, agents or their representatives. Each paragraph herein contains disclaimer information that applies to the maximum extent with due regard to the applicable law. Nothing in this section limits any of your rights which are not limited by the applicable law.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS SITE IS AT YOUR SOLE RISK. SERVICES, CONTENT AND MATERIAL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF QUALITY, RELIABILITY, OR ACCURACY OF THE SITE, ITS CONTENT AND MATERIAL OR ITS SAFETY AND SECURITY. EINSTEIN SUPPORT DOES NOT GUARANTEE THAT THE REPRESENTATIONS ON THE SITE RELATED TO THIRD PARTY CLIENTS OF EINSTEIN SUPPORT ARE EITHER TRUTHFUL OR ACCURATE. IN NO CASE IS EINSTEIN SUPPORT LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT MIGHT RESULT FROM SITE’S UNAVAILABILITY, SECURITY FAILURES, OR INOPERABILITY OR INCORRECT OR INACCURATE INFORMATION ON THE SITE OR CONSEQUENCES OF USE OF THE INFORMATION ON THE SITE. ANY REPRESENTATION OR OFFERING OF INFORMATION, SERVICES OR PRODUCTS OF ANY KIND, WHICH ARE NOT DIRECTLY RELATED TO EINSTEIN SUPPORT OR ITS PRODUCTS OR SERVICES, ARE BY NO MEANS CONSTITUTE A RECOMMENDATION OR ENDORSEMENT BY EINSTEIN SUPPORT.

EINSTEIN SUPPORT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES ASSOCIATED WITH THE PRODUCTS OR SERVICES PROMOTED BY COMPANIES  LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. NO INFORMATION OR ADVICE FOUND ON THE SITE OR PROVIDED BY THE REPRESENTATIVES OR AFFILIATES OF EINSTEIN SUPPORT CONSTITUTES A WARRANTY. EINSTEIN SUPPORT IS NOT LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT MIGHT OCCUR AS A RESULT OF ACTIONS, INACTIONS, OR FAILURES OF BUSINESSES LISTED ON THE SITE OR INCORRECT INFORMATION PROVIDED BY OTHERS ON THE SITE. ALL INTERACTIONS BETWEEN YOU AND ANY OF THE THIRD PARTIES LISTED ON THE SITE, INCLUDING, BUT NOT LIMITED TO PURCHASES OF PRODUCTS OR SERVICES, ARE CONDUCTED AT YOUR OWN RISK AND DISCRETION.

IN NO CASE SHALL EINSTEIN SUPPORT, ITS SUBSIDIARIES, PARTNERS, SUPPLIERS OR OTHER AFFILIATE ENTITIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE,  CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND DISCOMFORT, EMOTIONAL UPHEAVALS, OR LIKE DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY OTHER USER’S ACTIONS ASSOCIATED WITH THE USE OF THE SITE, EVEN IN SPITE OF EINSTEIN SUPPORT’S AWARENESS OF POSSIBILITY OF SUCH DAMAGES. UNDER ANY CIRCUMSTANCES SHALL THE COLLECTIVE LIABILITY OF EINSTEIN SUPPORT AND ITS AFFILIATE ENTITIES OR SUPPLIERS TO ANY PARTY, WHETHER IN CONTACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF $500.00 OR THE AMOUNT THAT PARTY HAS PAID TO EINSTEIN SUPPORT FOR SERVICES OR CONTENT OUT OF WHICH AVAILABILITY AROSE. THIS REASONABLE ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES ARE AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION REMAIN VALID EVEN IN CASE ANY LIMITED REMEDY IDENTIFIED IN THIS AGREEMENT IS KNOWN TO HAVE LOST ITS ESSENTIAL PURPOSE. THE LIMITATIONS OUTLINED IN THIS SECTION GUARD INTERESTS  OF EINSTEIN SUPPORT AND ITS AFFILIATE ENTITIES, PARTNERS AND/OR SUPPLIERS.

All material or content obtained in any way through the use of the Site is obtained at your sole risk and discretion.  You will bear the sole responsibility for any damage done to your computer, mobile or other device by means of which you accessed the Site or corruption of data on your device resulting from the download of content or material from the Site. You will also waive any claims and causes of action related to such damages or corruption. In case you refuse to accept these limitations, you may not use, download or otherwise obtain material from this Site.

 

9. Indemnification

You agree to defend, indemnify and hold harmless EINSTEIN SUPPORT, its subsidiaries, affiliates, partners, employees, agents, directors, and officers (collectively referred to as “Indemnified Parties”) against any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of your unauthorized use of the Site or its content or violations of this Agreement and against any claims brought by third parties arising from your use of the Site.

 

10. Links to Third Party Sites

This Site may provide hyperlinks to websites owned by third parties for reference and convenience purposes only. Such hyperlinks constitute neither endorsement nor association with such third parties. EINSTEIN SUPPORT is not responsible for such websites’ content, policies, and actions. This is solely your responsibility to ensure that hyperlinks and third party websites do not contain any malicious software, including viruses, worms, spiders, Trojan horses, etc.

 

11. Site Trademark and Copyrights

The Site contains trademarks, service marks, and logos (collectively referred to as ” Protected Material”), which are the property of EINSTEIN SUPPORT or the party that submitted such Protected Material to EINSTEIN SUPPORT, who therefore retain and reserve all the intellectual rights therein. Any use of Protected Material without permission of EINSTEIN SUPPORT or a third party that owns the intellectual property rights, is strictly prohibited. All EINSTEIN SUPPORT content is: Copyright © 2016 EINSTEIN SUPPORT Enterprises Ltd. All rights reserved.

In case you would like to use any of the Protected Material appearing on the Site, please contact us via e-mail. In case you are granted permission to use any of the Protected Material and violate any terms of this Agreement or terms and conditions provided in such permission, your license to use Protected Material will automatically expire and you will be obliged to destroy all the copies of Protected Material in any form.

 

12. Infringement Notification

We encourage our users to respect intellectual property rights of others. If you believe that any Content available through the Site infringes a copyright claimed by you, please contact us mail or email at the addresses provided below. In your letter please include the following:

(i) a physical or electronic signature of an owner of the proprietary interest or a person acting on behalf of such owner;

(ii) full description of the reportedly infringing work;

(iii) detailed description of where the infringing work can be seen on the Site (starting with the Site URL);

(iv) your physical and email address and phone number;

(v) your assurance that you have a good faith belief based on reasonable grounds that the questionable work is not authorized by the copyright owner  or a person acting on behalf of such owner; and

(vi) your assurance made under penalty of perjury, that your statement is truthful and that you indeed are the intellectual property right owner or a person authorized to act on the owner’s behalf.

We will undertake to immediately review and investigate all the notices that comply with the requirements outlined above. In response to such notification we may remove or disable access to the infringing work. With that we may also notify an owner or operator of the website or material affected, so that that person has an opportunity to make a counter-notification.

 

13. Counter-Notification

You are encouraged to contact us via mail or email in case you believe that content or materials removed from our Site for infringement  have been removed mistakenly. Addresses are provided below. In your letter please include the following:

(i) your signature, either physical or electronic;

(ii) full description of the content mistakenly removed for infringement, where it used to be located on the Site, preferably including the URL;

(iii) your physical and email address and phone number;

(iv) your assurance made under penalty of perjury, that you have a good faith belief based on reasonable grounds that the questionable work has been removed or blocked by mistake; and

(v) your consent to the jurisdiction of Federal District Court for your local judicial district, or if located in other country outside the United States, for any judicial district, where EINSTEIN SUPPORT is located, and that you are willing to accept a service of process from the party that reported your content or someone representing such party’s interests. By email: services@einsteinsupport.com
We strongly recommend that you seek legal consultation prior to submitting any notices. Inaccurate information regarding infringing status of the material or content may result in your liability for losses, including trial costs and legal fees

 

14. Intellectual Property Rights

The copyrights in content, created by EINSTEIN SUPPORT as a result of cooperation  with its Prospects or Clients (“Content”) under the United States Copyright Laws are retained by EINSTEIN SUPPORT, regardless of possession of any physical or electronic copies of such Content, including but not limited to drawings, scripts, illustrations, photographs and video and/or audio files. Either Prospects or Clients may not make use of the Content in any way, unless otherwise is approved in writing by EINSTEIN SUPPORT.  Client understands and accepts that EINSTEIN SUPPORT may, at its sole discretion, reproduce, broadcast, dispose of, transmit, modify, publish on the Internet or in any other medium, sell, demonstrate, or in other ways use the Content in any place, at any time, in any possible format and for any purposes, including commercial ones.

 

15. Security

The security of your account is your own responsibility. EINSTEIN SUPPORT has a right to monitor your account and terminate it for our own reasons. You are expressly prohibited from using the Site or Services with an intention to interfere with the security system, or disturb system resources and/or user accounts. You are strictly prohibited from using any programs that may interfere with website security, including but not limited to, cracking tools, password-guessing tools, or network probing tools. If EINSTEIN SUPPORT finds out that you are involved in any of such violations, we are authorized to pass all the information we have about you on to third-party websites’ system administrators so that the security threat may be resolved. We reserve the right to conduct investigations of violations of this Agreement, in case a suspicion arises.

We reserve the right to provide upon request of law enforcement authorities or court orders the information about the identity of persons, who make available materials that violate the terms of this Agreement, by posting, e-mailing, sharing, or publishing such materials. YOU AGREE TO WAIVE AND HOLD HARMLESS EINSTEIN SUPPORT AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ACTIONS ASSOCIATED WITH OUR INVESTIGATION AND/OR ANY CONSEQUENCES OF INVESTIGATIONS UNDERTAKEN BY LAW ENFORCEMENT AUTHORITIES.

 

16. Dispute Resolution

ANY CLAIMS, DISPUTES, OR CAUSE OF ACTION RELATING TO THESE TERMS OR THE SERVICES MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. JAMS WILL ADMINISTRATE THE ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES. THE ARBITRATION WILL BE ADMINISTERED NO LATER THAN 30 (THIRTY) DAYS UPON ARBITRATION COMMENCEMENT BY AN ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES.

YOU AGREE THAT ARBITRATING ANY OF THE DISPUTES THAT MAY ARISE BETWEEN YOU AND EINSTEIN SUPPORT, IMPLIES THAT YOU WILLINGLY WAIVE THE RIGHT TO LITIGATE OR HAVE SUCH DISPUTE TRIALED BY JURY OR TO ENGAGE IN DISCOVERY, UNLESS OTHERWISE IS PROVIDED BY THE RULES OF THE ARBITRATOR. YOU ALSO KNOWINGLY FOREGO THE RIGHT TO JOIN IN CLASS-WIDE ARBITRATION OR A CLASS ACTION REGARDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE MADE AWARE THAT THE ARBITRATION MAY BE HELD IN ANY COURT OF RELEVANT JURISDICTION AND WILL BE FINAL AND BINDING, UNLESS IT IS SUBJECT TO REVIEW UNDER THE APPLICABLE LAW GOVERNING ARBITRATION AWARDS. LIKEWISE, SOME OTHER RIGHTS THAT PARTIES WOULD HAVE IN COURT MAY NOT APPLY IN ARBITRATION.

 

17. Choice of Law and Venue

This Agreement, as well as any claim, cause of action or dispute in which you and EINSTEIN SUPPORT might be involved, fall under the jurisdiction of the laws of the Commonwealth of Massachusetts, regardless of the conflicts of law provisions. Any litigation or arbitration related to or arising of the terms and conditions of the Agreement, will be held in the Courts of Suffolk County, Massachusetts. Any suit or any cause of action arising out of, related to, or in connection with this Agreement shall be mandatory in the Courts of Suffolk County, Massachusetts.

 

18. Severability and Headings

In case any part of this Agreement is held illegal, invalid, or unenforceable, other parts of the Agreement will remain legal, valid, and enforceable.

All the headings in this Agreement serve only as dividers for convenience purposes and may not be regarded as parts of this Agreement.

 

19. Miscellaneous

(i) You understand and agree that your use of the site or Services does not create any partnership, joint venture, agency or employment relationships between you and EINSTEIN SUPPORT.

(ii)  This Agreement is the only valid agreement between you and EINSTEIN SUPPORT. It supersedes all other provisions and communications between you and EINSTEIN SUPPORT or its representatives, whether oral, written, or electronic.

(iii) Printed version of this Agreement or any other notice provided in electronic form, shall be equated with any other business record or document in printed form as it is admitted in a dispute resolution, judicial, or administrative proceeding.

(iv) EINSTEIN SUPPORT reserves the right to change, update, or block the Site at our sole discretion, without prior notice and liability.

(v) No provision of this Agreement is intended to nor shall be interpreted as such that grants rights or remedies to other parties.

(vi) In case EINSTEIN SUPPORT fails to exercise or enforce any of the provisions of this Agreement, such provision must not be deemed invalid.

(vii) Acceleration. In case a Client violates any provision of this Agreement related to purchased Services, all future payments provided for in this Agreement will be regarded immediately due and payable in full as of the date of violation. Client realizes that EINSTEIN SUPPORT does not provide any discounts or offsets for owed payments and shall not enter into arguments regarding this matter. If a Client fails to provide payment within a thirty-day period as of the date the payment is due, such failure is considered a material breach of this Agreement.

All rights reserved, except of those expressly granted herein.

 —

E-Commerce Business Grupp OÜ marketed as Einstein Support

Tuukri 19-216, Tallinn city, Harju county, 10152

Registry code: 14153374

Contact us: services@einsteinsupport.com

© 2018 Einstein Support.  All rights reserved.