Terms and privacy policy

1. GENERAL CONDITIONS

1.1. These terms of use and privacy (hereinafter the Terms of Use) regulate the conditions of use of the platform located on website www.avokaado.com and on its subdomains (hereinafter the Platform) and the services provided therein.

User can use the Platform and the services provided therein only after agreeing with the Terms of Use.

1.2. By accepting these Terms of Use, it forms a legally binding User Contract between User and Avokaado. These Terms of Use are applied for regulating the relations between the User and Avokaado, except in cases where special terms have been concluded between the User and Avokaado. In such instance the Terms of Use are applied for cases the special terms do not cover.

2. DEFINITIONS

2.1. Avokaado – operator of the website avokaado.com is Avokaado Baltics OÜ, address Liivalaia 45, Tallinn, Commercial Register code 14015962, e-mail info@avokaado.com

2.2. Special Terms – agreement between Avokaado and Client by which Terms of Use are specified, amended or supplemented.

2.3. User – natural or legal person who is registered user of the Platform

2.4. User Contract – contract between the User and Avokaado for the use of the Platform which is concluded by acceptance of the Terms of Use by the User

2.5. Terms of Use – standard terms of use for using Platform and Website

2.6. Client – User or other natural or legal person who pays for using Platform or Services provided therein

2.7. Document – one-time license to draft chosen document and unlimited right to edit and download it

2.8. Package – Platform’s service package the conditions of which are specified on the Website

2.9. Platform – platform based on the Website

2.10. Content – any data, texts, files etc. added to the Platform by the User in any format

2.11. Services – additional services provided on the Platform

2.12. Website – avokaado.com and its subdomains with their content

3. USING THE PLATFORM

3.1. By creating a user account the User accepts the Terms of Use. With the creation of the user account and acceptance of the Terms of Use a User Contract is concluded between the User and Avokaado.

3.2. The User is obliged to ensure that the Users added by him/her to the Platform have thoroughly reviewed the Terms of Use.

3.3. In case a User does not accept the Terms of Use or their amendments, he/she is not entitled to use the Platform and is obliged to immediately cease using the Platform.

3.4. Avokaado may amend the Terms of Use unilaterally at any time by publishing the amendments at the Website. Avokaado will inform the Clients of the amendments in the Terms of Use at the Website and by e-mail at least 14 days before the amendments enter into force. If a Client does not accept the amendments, he/she is entitled to cancel the User Contract before the amendments enter into force. If a Client continues to use the Platform after the amendments have entered into force, it is considered that he/she has accepted the respective amendments to the Terms of Use.

3.5. The User represents by creating a user account at the Platform that all the information and representations provided by him/her are correct: he/she is private person with full legal capacity (at least 18 years of age) or that he/she has all rights and authorisations for procuring the services on behalf of the User. The aforementioned representations are presumed to be accurate and Avokaado is not obliged to verify these.

3.6. User is obliged to ensure that the Platform is in accordance with his/her needs.

3.7. Platform may only be used to the extent and purposes for which the Platform is created for and for which similar platforms are usually used for. User is obliged to use Platform in accordance with the Terms of Use and the tutorials of the Platform.

3.8. User is obliged to immediately notify Avokaado of abuse of his/her account, the loss of his/her password or its falling into possession of third parties. In the aforementioned case, Avokaado shall do anything reasonably expected in order to renew the password, limit the access to the account or delete the account.

4. SERVICE

4.1. Avokaado is providing through the Platform the possibility to use a virtual user account where the User can draft legal documents, manage these, add additional users to his/her account, share access to the documents for third parties, initiate and participate in conversations regarding the documents and subscribe to related additional Services.

4.2. User can download the drafted documents in PDF format or digitally signed in BDOC container.

4.3. Avokaado may establish additional conditions for each Service (e.g. prices, service contents and scope, etc.) which are published on the Website at the information page of the respective service and which are considered as inseparable parts of the Terms of Use.

4.3. Avokaado is not providing legal advice and only provides the Users with the information structured in decision trees and the software for using in self-service. The legal content at the Website does not constitute provision of legal advice. Avokaado does not verify the accuracy or completeness of the information entered or otherwise provided by the User; does not perform legal analyses or assessments and does not provide legal recommendations based on the actual circumstances of the User. In order to receive legal advice the User should approach qualified lawyer or attorney.

4.5. Platform and Services are provided to the User “as is”, meaning that Avokaado is not giving any additional promises to the User or enter into commitments to edit the Platform or develop it any further.

5. USER’S CONTENT

5.1. On the Platform User is able to store and manage their Content. User ensures that all of the Content added to the Platform is in accordance with the Terms of Use and legal acts and that the User has all necessary permissions and approvals to add the Content to the Platform. User is prohibited to add to the Platform any Content that contains viruses etc. that damage or disturb regular functioning of the Platform.

5.2. User is aware of and agrees that the Content is stored in Avokaado’s or its service provider’s server and the User gives to Avokaado all necessary rights for that.

5.3. Avokaado takes all reasonable security measures in order to protect Content from unauthorized persons and malware and to ensure the preservation and confidentiality of the Content. Both Avokaado and third persons have the access only to the Content that the User has shared to them.

5.4. Avokaado will protect the confidentiality of the Content with at least reasonable care, will not use Content for any purpose outside the scope of this Terms of Use and will not disclose Content to any third party (except third party service providers) and will limit access to Content to its employees, contractors, advisors and agents. Upon notice to the User, Avokaado may disclose Content if required to do so under law, statute, rule or regulation or legal process.

6. SUPPORT AND MAINTENANCE

6.1. In order to communicate with client support the User can contact them via the conversation icon located at the bottom right of the Platform or write to the e-mail.

6.2. Avokaado will strive to reply to all requests received by the client support within reasonable time, but will not guarantee that the requests are replied to within certain time or that the requests receive answers satisfactory to the inquirer.

6.3. Avokaado shall provide different helpful materials for the use of the Platform, available at the Website. In case there are any problems, questions or suggestions, the Users can contact Avokaado via the contacts indicated on the Website.

6.4. Avokaado reserves the right to optimize and develop the Platform further. In case of significant changes in the Platform, Avokaado will send Users a timely notification.

6.5. If using the Platform is disturbed due to a disturbance or malfunction, Avokaado will do anything reasonably possible in order to eliminate the disturbance or malfunction as soon as possible, but no later than 48 hours after finding out the error.

6.6. Avokaado maintains the right to temporarily restrict the access to the Website and Services if it is needed for maintenance, development or updates.

7. FEES

7.1. The prices of Documents, Packages and Services at the Website are provided in Euros. All fees are exclusive of taxes, which Avokaado will charge if applicable.

7.2. It is possible to pay for the Documents, Packages and Services with credit card or with debit card that has the characteristics of a credit card.

7.3. Documents and Services can be purchased for a one-time prepayment.

7.4. Packages can be subscribed to based on either monthly or yearly prepayment subscription, which provides access to the Package for the duration of the subscription period covered by the prepayment.

7.5. The Package subscription is renewed automatically at the end of the subscription period, unless User has cancelled the subscription in self-service before the end of the current subscription period.

7.6. Client is aware that Avokaado may use third party service providers to process payments and agrees to disclose their payment information to such third party.

7.7. Avokaado is not obliged to refund already made prepayments.

7.8. If the Client violates the obligation of payment for at least 14 days, Avokaado has the right to limit access to the Platform and refuse to provide Services.

7.9. Avokaado maintains the right to change the prices of Documents, Services and Packages. Prices of the Packages change in the beginning of the next subscription period after the changing of the price. Avokaado will inform the subscribing Clients of the changes in the Package prices a reasonable time ahead.

8. INTELLECTUAL PROPERTY

8.1. All intellectual property rights to the Website, Services and content (such as copyright, registered and unregistered trademark and design rights, domain names, patents, database rights and trade secrets) as well as the goodwill generated by their use shall remain the property of Avokaado or its cooperation partners. Avokaado does not grant the User any direct or indirect rights to any intellectual property rights.

8.2. User has the right to use Platform in accordance with the Terms of Use for the purposes for which the Platform is intended. User does not have and will not obtain any intellectual property rights to the Platform or to the Website.  

8.3. The works published on the Website and protected with copyright may be used by the User publicly without the consent of Avokaado only by referring to Avokaado as the source of the works. The contents of the legal documents provided by Avokaado may not be made publicly available without the prior written consent of Avokaado.

8.4. The User may not change, copy, process, make extracts of, transmit, add to other databases or make available to the public the Platform, the Website or their parts, or use the intellectual property rights concerning the Platform or Website in any other way without the prior written consent from Avokaado. The Platform, the Website or any of their parts may not be sold, rented, licensed, interfaced with a system of the User or third parties, or used by any programmes that overload or interfere with the work of the Platform or Website or distort the contents, without the prior written consent from Avokaado.

8.5. Website might contain references or links to third party websites. Avokaado does not control the linked sites in any way, nor does Avokaado monitor or check the contents of the linked sites. Avokaado is not liable for the contents, correctness, reliability or data security of the linked sites.

9. PROCESSING OF PERSONAL DATA

9.1. Avokaado shall process the following personal data of the User: name and surname and e-mail address and data necessary to generate Documents and provide Services (hereinafter the Personal Data).

9.2. The User may inspect its Personal Data at any time and make corrections at the self-service or request their deletion, unless the law provides otherwise. The User provides its consent for processing of personal data to the extent described in Terms of Use with the objective to ensure the quality and accessibility of the Service and also to expand, improve, personalise and otherwise develop the Services.

9.3. Controller of the Personal Data is Avokaado Baltics OÜ, address Liivalaia 45, Tallinn, Commercial Register code 14015962.

9.4. Avokaado processes Personal Data in order to register User for the Platform, contact User, verify User’s right to access Platform, improve Website and Platform, provide User with information about the Platform.

9.5. Avokaado collects and records personal data in electronic format and makes extracts also in other format if necessary.

9.6. Avokaado shall not forward, sell or disclose the data of the User to third parties without the prior written consent from the User, except in instances provided in the Terms of Use.

9.7. Avokaado is entitled to forward the personal data to Avokaado group companies and cooperation partners located in the European Union and in the United States of America.

9.8. Avokaado processes the User’s Personal Data in accordance with the requirements of the Personal Data Protection Act.

9.9. Avokaado is not obliged to preserve the Personal Data of the Users.

9.10. The User is entitled, at any time, to withdraw his/her consent for processing of Personal Data, to request termination of the processing of Personal Data and deletion of the collected Personal Data, and closing of user account. For that the User shall forward respective application to the Client Support or to e-mail info@avokaado.com. Withdrawal of consent shall not have retroactive effect.

9.11. Avokaado shall promptly notify User of any facts known to Avokaado concerning any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of Avokaado or by any other person or third party. Avokaado shall;

9.11.1. cooperate fully with User in the event of any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of Avokaado or by any other person or third party, to limit the unauthorized disclosure or use, seek the return of any Personal Data, and assist in providing notice if requested by User; and

9.11.2. upon termination or expiration of the Terms of Use for whatever reason, or upon request by User, Avokaado shall immediately cease to process the Personal Data and shall promptly return to User all such Personal Data, or destroy the same, in accordance with such instructions as may be given by User at that time. The obligations set forth in these data processing requirements shall remain in force notwithstanding termination or expiration of this Terms of Use.

10. PRIVACY TERMS

10.1. Legal documents created by the Users and their User-defined contents are confidential. The information technology solution of Avokaado has been developed in such a manner that the employees of Avokaado shall not have access to the legal documents of the User. The employees of Avokaado can have access to the legal documents of the User in the same manner as any other User, i.e. only if the User shares access to it.

10.2. Avokaado acknowledges that it shall have no right, title or interest in any User’s data, content and/or Personal Data obtained by it as a result of the User’s use of the Platform and further acknowledges and agrees that the User owns all rights, title and interest to and in all such Personal Data and Content.

11. COOKIES

11.1. Cookies are small text files that can be conveyed to the User’s device via the Website. Cookies or other corresponding techniques may be used to collect information on the User’s use of the Platform and the User’s device via the Website. Such information may include from what page the User has entered the Website, the browser the User is using, or the sections of the Website the User has been browsing and the dates and times thereof.

11.2. Cookies enable the processing of information related to Platform. The information obtained enables the functioning of the Platform to be analyzed and improved to provide the User with a better and more individualized experience. The information collected may also be used to target marketing likely to correspond to the interests of the User within and outside the Platform, for example, by utilising retargeting.

11.3. The User may prevent the use of cookies by changing the User’s browser settings. The User should note, however, that the removal of cookies or blocking their use may have a detrimental effect on the use of the Platform or its specific sections or functions or even entirely prevent such use.

11.4. While using the Platform or in the course of interactive communication the Avokaado may use various technologies which collect information regarding the access and use of the Platform. Such information may include also information regarding the usage of the Website and Services, details of performed inquiries, technological data (IP address, connection devices, operation system) and other similar information.

11.5. User is aware of and consents that Avokaado has the right to generate anonymised data, i.e. data created by User that are de-identified in a way that it is impossible to tie to a specific User and from which all identifying characteristics have been removed (including the data of the device, IP addresses and cookie ID). Avokaado shall use the anonymised data for the development and improvement of the Platform and the Services.

12. LEGAL REMEDIES OF AVOKAADO

12.1.    Avokaado is not obligated to check the Contents uploaded by Users onto the Platform, nor User activities on the Platform. Avokaado is also not obligated to monitor User activity, information or the Contents they add to or transfer via the Platform, store in cache memory, or save. At the same time, Avokaado is obligated under the Information Society Services Act to inform competent supervisory agencies of possible illegal activity or of the information provided, and identify the Users to whom it is providing the service of data storage.

12.2.    If a User breaches the User Contract, the good practice of the Platform, or the legislation, Avokaado shall have the right to:

12.1.1.           eliminate the violation or unlawful Contents;

12.1.2.        request the elimination of the violation and require that the conduct or the Contents be brought into conformity with the Contract, good practice or legal acts;

12.1.3.           temporarily restrict the User’s access to the Platform or any of its parts, including close the User’s account temporarily;

12.1.4.           restrict the rights of use of the User.

12.2.     It the violation by the User is repeated or material in some other way, Avokaado has the right to:

12.2.1.           permanently forbid the User from using the respective part of the Platform or the Services, including to delete the User’s account;

12.2.2.           terminate the User Contract without notice.

12.3.      Avokaado may restore the Contents that were removed from the Platform due to a complaint or re-establish access to them if Avokaado is presented with convincing evidence of the compliance of the Contents to the User Contract, good practice, or legal acts.

13. TERMINATION

13.1. User is entitled to unilaterally terminate the contract without cause at any moment by informing by e-mail or by deleting the account.

13.2. Avokaado is entitled to terminate the contract with the User without cause by informing the User by e-mail or via the Website or Platform 30 days before the termination of the contract.

13.3. Avokaado is entitled to terminate the contract immediately without prior notice if:

13.3.1. User has submitted false information about it;

13.3.2. User has not used Platform continuously for at least a year;

13.3.3. person who has used Platform in the name of the User does not have the User’s authorisation;

13.3.4. User is in any other way in violation with the Terms of Use.

 

14. LIMITATION OF LIABILITY

 

14.1. Avokaado and its agents make no representations or warranties about suitability, reliability, availability, timeliness, security or accuracy of the Services and all Services and content are provided “as is” without warranty or condition of any kind. Avokaado disclaims all warranties and conditions of any kind, whether expressed, implied or statutory, with regards to the Services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Avokaado shall not be expressis verbis responsible for the damage and other consequences that have arisen due to the following reasons:

14.1.1. the Platform or Website does not function or functions improperly in some web browsers;

14.1.2. misunderstandings or disputes between the Client and Users added by the Client;

14.1.3. User has added Content to the Website which is not in compliance with or not being processed in compliance with the Terms of Use, good practice or legislation;

14.1.4. changes in legal acts and in their interpretations, their impacts on the Users and implementing those changes in the Services, unless it is obligatory to Avokaado under the law or a court decision made regarding Avokaado;

14.1.5. force majeure and other faults and disturbances not caused or affected by Avokaado which prevent the User from using the Platform, Website or Services;

14.1.6. errors, damages or settings in the User’s device that are unsuited for the use of the Platform, Services or Website;

14.1.7. delays, disruptions or failures in the use of the Platform, Services or Website due to maintenance or development works;

14.1.8. processing data by third persons to whom the User has given the consent to forward the data by Avokaado;

14.1.9. disruptions and failures in third party systems that affect the functioning and availability of the Platform, Services and Website

14.1.10. loss of the User’s password or its falling into the possession of unauthorized third party or its use by unauthorized third party.

14.2. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data or business opportunity. Except for the User’s liability for payment of fees, obligations according to the indemnification clauses and under User’s liability for violation of Avokaado’s intellectual property rights, if, notwithstanding the other terms of the contract, either party is determined to have any liability to the other party or any third party. Parties agree that the aggregate liability of the party will be limited to total amounts User has actually paid for the use of the Platform and Services in the twelve (12) month period preceding the event giving rise to a claim.

14.3. Avokaado shall not be liable for the management of the User’s account, including any offenses committed using the Platform, irrespective if it was committed by a person authorised to use of the Platform or not.

14.4. Avokaado shall not be liable for the delay in sharing a document by the User nor for any damage incurred thereby.

14.5. While Avokaado takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that the use of the Platform, Website and Services will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

14.6. Avokaado may assign or transfer any of its rights or subcontract any of its obligations under these Term of Use to any third party. The User may not assign or transfer any of the rights or subcontract any of the obligations under these Terms of Use except with the specific permission in writing from Avokaado.

14.7. Force Majeure – neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage that is not caused by the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.