Terms of Service

§1 - Introduction

Comtechna UAB operates the following domains and services, and is the primary data controller;

• sellsn.io ("SellSN for Sellers", "Service", "Company", "SellSN", "Platform")
• sellsn.cloud ("SellSN VPN", "VPN")
• sellsn.com ("SellSN Marketplace", "Marketplace")

Comtechna UAB ("Company") is registered in Lithuania with the ID 126162195, offices are located at S. Žukausko g. 21-42, LT-08234 Vilnius, Lithuania, the Terms of Service ("TOS", "terms", "license agreement") is an agreement between you and Comtechna UAB. and you agree to be bound by these terms including our privacy policies. The Service has the right to change these terms at any time and such actions will warrant an entry in §2.

§4 - Communications

You agree to receive communications such as electronic mail (email) or communications on third-party messaging platforms. By setting up a third-party messaging platform as a communications platform, you agree to receive communications via that messaging platform, you agree to receive communications via electronic mail using the information associated with your account. The Service may send communications such as account rectification, security events, confirmations and other events that may occur during the usage of the Service. You agree to receive newsletters and other communications sent from SellSN to your electronic mail (email) address, you may opt-out of this practice at any time.

§5 - Legal requirements & declarations

The Service requires that in-order to enter a contractual relationship by agreeing to these Terms, you must;

• Agree that you are at least 18 years of age and able to enter a legally binding contract, the Service does not knowingly collect the information of minors and any evidence of collection will result in the offending data being securely and irreversibly erased from our systems, you also have the right to request the deletion and rectification of your data at any time for any reason;
• You confirm that you are acquiring the Service in the exercise of your commercial or self-employed activity, and also commit to using them exclusively for the purpose of carrying out a business activity. The Service is provided exclusively to you. Use by third parties is prohibited;
• If you register on behalf of a legal entity or a third party, you assure and warrant that you are authorised to represent it;
• Agreeing to these Terms requires an "Account" to be created on the Service, all information marked as mandatory must be as complete and accurate as possible, you agree to ensure that your data stays accurate and up-to-date;

Subject to these Terms, we shall grant each user of the Service a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e. download and locally display) said content solely for the purposes of using the Service. The use, reproduction, modification, distribution or storage of any content for any purpose other than the use of the Service is expressly prohibited without our prior written consent. You may not sell, license, rent out, otherwise utilise or exploit any content for any commercial purpose or in any manner that infringes the rights of any third party pursuant to applicable laws, regulations or other rules of any jurisdiction.

§6 - Acceptable Use

The Service provides a platform to sell digital goods to an audience via a web-oriented application which provides the primary operation of the Service. We have no obligation to monitor operations performed within our Service, but we may be forced to monitor for offending activity if we receive reports of Acceptable Use Policy violations. Your activity also may be monitored if you use extra features like the Marketplace.

Violations of the following guidelines constitute as a violation of the Service's Acceptable Use Policy and will be met with possible account termination;

• Post, upload, transmit information that contains pornographic content, content that contains the personal information of any other entity, content that is deemed illegal by local or state law, or content that performs or contains malicious activities such as viruses, trojan horses, worms, cancelbots, corrupted files or any similar software or computer programs that engage in any other activity that may damage the operation of the Service or other users' computers;
• Attempt to obtain or disclose log-in credentials or private information from other entities or yourself, such as full names, email addresses, passwords or IP addresses;
• Exploit, distribute or publicly inform any user of any vulnerabilities or exploits you may have discovered whilst using the Service. If you find any of such content, please follow our vulnerability reporting guidelines (https://sellsn.io/.well-known/security.txt);
• Encourage antagonist entities to analyze the Service files and resources or their functionality for malicious purposes;
• Utilize the Service for an application that does not comply with local or state law. The Service does not knowingly provide functionality for services that do not comply with local or state law;
• Upload or distribute any content that infringing any trademark, patent, trade secret, copyright, right of publicity, any other right of an entity or individual or breaking a contractual obligation in any jurisdiction;
• Utilize any form of unauthorised advertising or distribute unsolicited advertising or junk and mass electronic mails (emails);
• Impersonate any other person or entity, including any employee or agent in the Service, this includes the usage of any identification documents of another individual or entity;
• Use any kind of bot or headless browser to access or perform actions programatically or manually on your behalf to "crawl" or "spin" any page of the Service's website;
• Modify, translate or otherwise create any kind of derivative work of any part of the Service unless exempt by contractual obligations to Comtechna UAB or applicable law;
• Utilise the service for a high-risk business category including, but not limited to, gambling, foreign exchange markets;
• Utilise the service for any product that is not delivered digitally, this platform is strictly for usage with digital goods only;

The Service reserves the right to access, read, retain and disclose information as we deem necessary in order to;

• Comply with applicable laws, regulations, legal proceedings or governmental requests;
• Respond to support requests;
• Enforce the Terms of Service and investigation of possible security breaches or events;
• Protect the property, security or rights of the Service or the public;

§7 - Your data

The Service is General Data Protection Regulation (GDPR) compliant and your information will be collected and processed in accordance to our Privacy Policy (https://sellsn.io/privacy). Comtechna UAB (registered with the ID 126162195, offices located at S. Žukausko g. 21-42, LT-08234 Vilnius, Lithuania) is the primary data controller.

§8 - Hyperlinks

The Service allows you to link to other services such as social networking services or any other location on the internet, accessing any of these links are at your own risk and the Service holds no responsibility for any loss or damage. Usage of these hyperlinks does not imply endorsement or any association with the Service and the operators of the linked service.

§9 - Termination of Service

The Service reserves the right to terminate your access at any time for any reason, whether it be violation of these Terms or any other reason. Terminations can be done with immediate effect and without notice, we may terminate access to the Service if you;

• Breach of these Terms as well as applicable laws, rules and regulations of any severity;

If one party terminates the contractual relationship, the following actions will be executed by the Service with immediate effect;

• The Service will block access to your data and all services will cease;
• The Service will not reimburse any fees taken lawfully, and may take fees if they are owed to the Service;
• The Service will cease activities to any services that are provided such as custom domains or subdomains;

All provisions of these Terms which, by their nature, survive the process of termination – including (but not limited to) ownership provisions, warranty exclusions, indemnities and limitations of liability – shall survive the termination of the contractual relationship.

§10 - Billing

The Service utilises the billing services from third-party providers for chargeable services, your billing is completed through a customer account at the third-party, the Service does not store any billing information on your account. When processing payments on the Service, you agree to the respective Terms and data protection guidelines of the respective service provider in addition to the Terms provided by the Service. By registering for and using chargeable ervices, you agree to pay us, through the Payment Provider, all fees (at the then prevailing rates) for the use of chargeable services in accordance with the applicable payment terms. You authorise us to debit your chosen payment method via the payment service provider.

The terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method, including cryptocurrencies. In the event that we do not receive payment from you through the payment service provider, you agree to pay all amounts due on your billing account upon demand.

The Service hosts and manages the integrations for all cryptocurrency payments, although some of our cryptocurrency integrations use third-party blockchain nodes. Despite this, you retain complete control over your cryptocurrency wallet used to collect cryptocurrencies received from sellers in exchange for goods and services sold through the Service.

Sellers acknowledge that the Service will collect fees from all transactions from sellers in exchange for goods and services sold through the Service of up-to 20% of the cost of that specific good or service. The Service will take a minimum fee of 0.5%.

Sellers also acknowledge that the Service does not intermediate by any means any cryptocurrency payment from/to their customers for the goods and services sold through the Service.

Recurring billing will be deployed for some chargeable services provided by the Service, the Service will charge you a recurring amount at a regular interval (monthly, annually). By choosing a fee-based service that provides for recurring payments, you hereby agree to pay the initial amount due at the time the contract is entered into and the recurring fees as they become due.

If the amount to be debited from your billing account is different from the amount you have pre-authorised (other than due to the collection or change in the amount of statutory VAT), we will notify you of the amount to be debited and the date of the debit in good time before the scheduled date of the transaction. You hereby agree that we may accumulate accrued fees and submit them to your payment service provider as one or more aggregate fees during (or at the end of) each billing cycle.

§11 - Warranty

We have no special relationship with you or fiduciary duty vis-a-vis you. You hereby acknowledge that we are not obligated to take any action in respect of the following:

• Which users are granted access to the Service;
• What content you access through the Service or how you can interpret or use the content;

The Service and content are provided “as is” and without warranty of any kind, either express or implied. We shall not assume any liability with regard to the following:

• That the Service will be secure or available at a particular time or place;
• That any defects or errors are corrected;
• That any content or software available on (or through) the Service is free from viruses or other harmful components or the results of the use of said Service will meet your requirements. The use of the Service is exclusively at your own risk. Some states do not allow limitations on implied warranties, so the above limitations may not apply to you;

We do not guarantee that the Service will operate without interruption or error. In particular, the operation of said Service may be interrupted due to maintenance, updates or system or network failures, and such failures may result in errors or loss of data.

§12 - Disclaimer/Limitation of liability

In case of damages caused in any other way (damages not resulting from injury to life, body or health) the Service shall be liable in case of intent and gross negligence, including that attributable to its vicarious agents, in accordance with the statutory provisions. The same shall apply in the event of damage caused negligently as resulting from injury to life, limb or health. In the event of negligently caused damage to property and pecuniary loss, the Service and its vicarious agents shall only be liable in case of a breach of an essential contractual obligation, but limited in terms of amount to the damage foreseeable at the time of the conclusion of the contract and typical for said contract; essential contractual obligations are those, the performance of which characterises the contract and on which the customer may rely.

The Service shall not be held liable for any damage caused by the access (e.g.: hacker attack) of a third party to your account and your content, unless the damage is due to an intentional or grossly negligent breach of duty by the Service, one of its legal representatives or vicarious agents.

The Service shall not be liable for any damage caused by an interruption or loss of data and information, and said interruption or loss is due to causes beyond The Service’s control (e.g. a network failure). In addition, we hereby exclude any liability for malfunctions, inaccessibility or poor functionality of the Service due to unsuitable equipment, malfunctions related to internet service providers, saturation of the internet network or for any other reason.

You hereby agree to indemnify and hold us, our affiliates, our employees, contractors, directors, suppliers and agents harmless from any claim or demand (including reasonable legal representation fees) asserted by any third party due to your unlawful conduct or unauthorised user account content. Unlawful conduct or unauthorised account content may exist, in particular, if you violate these Terms or the documents incorporated by reference herein, any law or the rights of any third party, respectively.

These Terms shall be governed by (and construed in accordance with) the laws of the European Union, including its conflict-of-laws rules, and the laws of Lithuania. You hereby agree that any dispute arising out of (or in relation to) these Terms shall be subject to the exclusive jurisdiction and venue of the courts of Lithuania.

We reserve the right, at our sole discretion, to modify or replace these Terms or to modify, suspend or discontinue the Service at any time by posting a notice on the website, or by sending you a notice by email or other appropriate electronic means of communication. In addition thereto, we reserve the right to restrict certain features and services upon becoming aware of unlawful conduct or unlawful account content, or to restrict your access to parts or all of the Service without notice or the assumption of liability. Although we will notify you of any changes in a timely manner, it is also your responsibility to check these Terms periodically for any changes. Should you continue to use the Service after we have notified you of changes to the Terms, you shall be deemed to have accepted the changes we have made. Your use of the Service shall be subject to the Terms in force at the time of use. Should you refuse to grant your consent, you will not be allowed to use said Service. These Terms apply exclusively to you and do not allow assignments, transfer or granting of a sub-license without prior written consent. We are entitled to assign, transfer or delegate our rights and obligations without your prior consent. The Terms do not create any kind of agency, partnership, employment relationship or joint venture, neither party shall have any authority to bind the other in any respect. The Service shall not be held liable for any failure to perform our obligations under this contract if said failure is deemed to be due to causes beyond our reasonable control, including (without limitation) to mechanical, electronic or communications faults or failures, and we could not have known or prevented the causes at the time of entering into the contract.

Any failure on our part to enforce any aspect of these Terms shall not constitute a waiver of our right to enforce that or any other part of these Terms at a later date. Any waiver of compliance with these Terms in a particular case shall not mean that we will waive compliance with these Terms in the future. In order for a waiver of compliance with these Terms to be binding, we must notify you of such waiver in writing through one of our authorised representatives.

The section and paragraph headings in these Terms are for convenience purposes only, and shall not affect their interpretation.

§13 - Refund Policy

We will offer refunds for any chargeable service offered by the Service if the following circumstances are met:

• The paid invoice is no older than 7 days from the date it was processed;
• The Service fails to provide the described service successfully;
• The Service is not up-to expectations of the Seller;
• The chargable service was paid for without the consent of the account holder ("Seller");

These conditions constitute a full refund of the processed amount.

§14 - SellSN Warranty

The SellSN Warranty is a service provided solely to goods and services purchased on the Marketplace, and constitutes an additional fee on the total order cost in exchange for a limited refund of the order amount, the following terms constitute as an authorised refund and will allow for a successful execution of your SellSN Warranty rights:

• The affected order is no older than 14 days old from the date of it's delivery;
• The product was not delivered or not as described and a full investigation from the Service has been completed and concluded in your favour;

The Service will not provide any kind of warranty or refund for any good or service that has been purchased without the SellSN Warranty, The Service also holds no responsibility and has no obligation to provide a refund for any orders that are not delivered or not as expected. The Service will terminate any Sellers that are engaging with said activity.