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Terms of Service

Date: 26 November 2020

Version number: 1.0

These Terms of Service (the “Agreement”) are a legal agreement between You as the user and CROWDLENS SRL, a private limited liability company registered under the Laws of Romania with company number J40/14907/2018, having its registered address situated at Bdul. Theodor Pallady 9 B, Sectorul 3, București (“CROWDLENS SRL”, or “We” “Our” or “Us”), that governs Your limited, non-exclusive and terminable right to the use of the CROWDLENS SRL Site and Services as defined herein. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from CROWDLENS SRL.

The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of focusmate.com. The information contained in CROWDLENS SRL is strictly for educational purposes. Therefore, if you wish to apply ideas contained in focusmate.com, you are taking full responsibility for your actions. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

  1. Definitions

“Account” shall mean an account with CROWDLENS SRL to use the Services;

“Applicable Law” shall mean the laws to which CROWDLENS SRL is subject, particularly the Laws of Romania, where CROWDLENS SRL is incorporated and the Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and any other laws such as the California Consumer Privacy Act (CCPA) and the Brazilian General Data Protection Law (LGPD) as may be applicable from time to time;

“Confidential Information” shall mean all information provided by You or Us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval;

“Data” shall mean content, Personal Data, information, Know-How and Confidential Information relating to Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries’, business, systems, processes, software and services, as the case may be;

“Intellectual Property Rights” shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;

“Know-How” shall mean unpatented information, knowledge, experience, formula, research, processes, studies, reports, Data and designs developed by and/or in Your possession;

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; Personal Data also includes any equivalent definition in the Applicable Law;

“Service/s” shall mean the software as a service (SaaS) offered by CROWDLENS SRL and having a variety of resources including but not limited to heatmaps, visitor recordings, funnels and form analysis, feedback polls, surveys and other functionalities as developed and introduced by CROWDLENS SRL from time to time and as further described on the Site in Our Product Tour;

“Site/s” shall mean the website CROWDLENS SRL.com, in addition to any sub-pages that are integrated within this website;

“Subscription Plan” shall mean one of the different subscription packages through which You can use the Services as further described in Our Product Tour;

“Subscription Term” shall mean the period of time for which subscription to the Services shall be made available by CROWDLENS SRL to You, subject to Your adherence to the obligations undertaken by virtue of this Agreement;

“Third Party/ies” shall mean any persons, whether legal or natural, which are neither You nor CROWDLENS SRL;

“Trial Period” shall mean free access provided to You by CROWDLENS SRL for a limited and established period of time, to the Services, which shall be granted at the sole discretion of CROWDLENS SRL, which access may be revoked by CROWDLENS SRL at any time without need of any prior notice;

“You” / “Your” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.

  1. Account Registration, Access and Disclosure

2.1 To use the Site and benefit from Our Services, You must create an Account by completing a registration form, by providing Us with all required information and activating the “I accept the Terms of Service” check-box and clicking on the "Start Your Session" button. You agree to provide Us with complete and accurate information upon registration and to keep such information accurate and up-to-date during Your course of use of Our Service. You are advised to keep Your login credentials strictly confidential and to refrain from disclosing these to anyone. We shall not be held responsible for unauthorized access to Your Account arising from Your failure to keep Your login credentials safe and secure.

2.2 If You are using the Site or Services for and on behalf of a legal entity You may do so by creating a separate Account with CROWDLENS SRL or by adding a new organization site to Your existing Account. Any such separate Account or new organization site to Your existing Account shall be governed by the terms and conditions set forth in this Agreement and as further detailed in clause 2.6 hereunder. If You are using the Site or Service for and on behalf of a legal entity, You shall be, and shall be presumed to be empowered by and/or properly authorised for and on behalf of that legal entity and You and the legal entity shall be jointly and severally subject to this Agreement. If You no longer remain a duly authorised representative of the legal entity, You shall be responsible to immediately inform CROWDLENS SRL, in which case the legal entity shall remain subject to the Agreement, and the legal entity shall contemporaneously proceed to inform CROWDLENS SRL of the new authorised representative. Until a new authorised representative has been notified to CROWDLENS SRL, You shall remain responsible as aforesaid. CROWDLENS SRL shall not be held liable should a person without the necessary power / non properly authorised person enter into this Agreement for and on behalf of a legal entity.

2.3 We reserve the right for Us, Our contractors or Our employees, after obtaining Your prior consent, to access Your Account and the information that You have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.

2.4 It is Your responsibility to protect Your Personal Data and maintain the confidentiality of Your user information and passwords. You are also responsible for promptly notifying CROWDLENS SRL of any unauthorized use of Your account, or breach of Your Account information or password. To the extent that such loss has not been caused due to gross negligence, willful misconduct, fraud or bad faith by CROWDLENS SRL, CROWDLENS SRL will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by the Applicable Law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for Your intentional or negligent failure to safeguard user and password information and/or promptly notifying CROWDLENS SRL about any unauthorized use of Your Account or breach of Your Account information or password.

  1. Extent of Services

3.1 The extent of the Service(s) to which You may have access to may be dependent on the relevant Subscription Plan, Subscription Term and respective and timely payment of Service fees to CROWDLENS SRL.

  1. Subscription

4.1 We offer several different Subscription Plans for Our Services. The applicable Subscription Term Plan depends on Your choice. Your Subscription Plan is selected during Your Account registration and You can choose to change Your plan at any time. Information about Our standard plans can be found on Our Pricing page. All fees quoted on Our site are exclusive of VAT or any other taxes that may be applicable in Your jurisdiction. For additional information on Our Subscription Plans, please Contact Us. You may upgrade or downgrade Your Subscription at any time during Your Subscription Term, upon which We will apply the respective fees on a pro-rata basis.

4.2 Following Your current Subscription Term, We reserve the right to amend the Subscription Plans and/or Subscription Term at any time or introduce new fees and/or subscription levels or charges. We will provide You with thirty (30) calendar days’ written notice in advance during which You will have the right to unsubscribe from, or change Your current Subscription Plan, should You not agree with these amendments.

  1. Subscription Term and Renewal

5.1 Trial Period. The duration of the trial period is specified during the Account creation process. At the end of the trial period, You will be prompted to enter Your payment details if You have not already done so. If You've already updated Your payment details, Your credit card or PayPal account will be automatically charged on the displayed billing date on the billing section associated to Your Account on Our Site.

5.2 Renewal Term. Unless CROWDLENS SRL is notified in writing at least three business (3) days before the end of the conclusion of Your current Subscription Term (or any subsequent Renewal Term) that You do not intend to renew Your subscription, You will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term (the “Renewal Term”). This applies to all Subscription Plans involving payment, and works the same for both monthly and annual renewals. Any written notice of Your intention not to renew shall be provided to the following email address: contact@myfocusspace.com The email must come from the registered CROWDLENS SRL Account owner.

  1. Termination

6.1 Either You or We may terminate this Agreement for cause as a result a material breach by the other party of the terms hereof in this Agreement, if the defaulting party fails to cure such material breach within fifteen (15) calendar days of its receipt of written notice of the breach from the non-defaulting party. In addition, We may immediately terminate this Agreement if You: (i) terminate Your business activities or become insolvent; (ii) admit in writing to the inability to pay Your debts as they mature; (iii) make an assignment for the benefit of creditors; (iv) become subject to direct control of a trustee, receiver or similar authority; or (v) do not pay the fees when due in accordance with Your Subscription Plan. In the event this Agreement is terminated for cause due to Your uncured material breach, You agree, without limiting any of Our other rights or remedies, to pay all remaining fees payable through the remainder of Your Term.

6.2 In the event this Agreement is terminated for cause by You due to Our uncured material breach, You shall be entitled to a pro rata refund of all fees previously advanced to Us from the date of the termination through the end of the Subscription Term.

6.3 You may terminate this Agreement by requesting Your Account to be deactivated and deleted while logged into the Service. CROWDLENS SRL may also terminate Your right to use the Site and/or Services with or without cause at any time. CROWDLENS SRL shall notify You via email to Your registered email account if We terminate Your Account. Your obligation to pay accrued charges and fees accrued up to the date of termination, shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Services as set forth in Clause 7 and Our warranties as set forth in Clause 10 shall survive such termination.

6.4 Upon expiration of the Subscription Term, or termination, however occasioned, Your Subscription Plan shall immediately terminate and consequently, You may make use of the free version of the Service.

  1. Limited Licences

7.1 Subject to this Agreement, CROWDLENS SRL grants You a limited, revocable, non-exclusive, non-transferable and non-assignable licence to use the Site and/or access the Services as a software as a service (SaaS) solution for enterprise, and commercial use subject to the other terms of this Agreement. You hereby agree not to resell any part of the Services. You shall not transfer, lease, sub-license, modify, reverse engineer, decompile or disassemble the Site and/or any part of the Services. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Site and/or Services without prior written authorization of CROWDLENS SRL. You represent and warrant that You shall not use the Services for illegal purposes or for the transmission of information that may be classified as unlawful, libellous, abusive, obscene or that infringes any rights, including Intellectual Property Rights of others.

7.2 In order to protect the Intellectual Property Rights to the Services, You shall not circumvent or disable any technological features or measures in the Services. You shall not use the Services, including in conjunction with, any device, program, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws.

7.3 In order to protect the Intellectual Property Rights to the Services, You shall not circumvent or disable any technological features or measures in the Services. You shall not use the Services, including in conjunction with, any device, program, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws.

7.4 Any such forbidden use as details above shall constitute a material breach of this Agreement and shall prompt Us, at Our own discretion, to immediately terminate Your right to access the Service. Any breach of this Clause shall make You liable for damages suffered by CROWDLENS SRL.

  1. Proprietary Rights

8.1 Except as otherwise stated herein, all rights, titles and interest in the Site and/or the Services and any content contained therein is the exclusive property of CROWDLENS SRL Unless otherwise specified, the Services are for Your limited use only and if You copy or download any information from this Site and/or Service, You agree that You shall not remove or obscure any copyright or other notices or legends contained in any such information.

8.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or Services obtained from the Site and/or the Services, except for the purposes expressly provided herein, without CROWDLENS SRL's prior written approval.

8.3 Except for those Intellectual Property Rights that are already owned, registered or vested in Your name, or those Intellectual Property Rights that are created by or for You during the duration of this Agreement, all CROWDLENS SRL trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the Site and Services are proprietary to CROWDLENS SRL. Your use of any marks on the Site and Services in any manner other than as authorized in this Agreement, or as authorized in writing by CROWDLENS SRL, shall be strictly prohibited.

8.4 All Your trademarks, trade names, service marks and logos are proprietary to You. CROWDLENS SRL's use of any of Your marks in any manner other than as authorized in this Agreement, or as authorized in writing by You, is strictly prohibited.

8.5 In the course of performing the Services, CROWDLENS SRL will have access to some of Your Data. All rights, title and interest in the Data is Your exclusive property, except as otherwise provided for herein throughout this Agreement.

8.6 CROWDLENS SRL shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any of Your Data belonging to You, except for the purposes of the provision of performing the Services expressly provided for herein, without any further prior need of approval or consent from You.

8.7 For the avoidance of doubt, CROWDLENS SRL will keep Your Data confidential and maintain Your Confidential Information in the strictest of confidence. In this respect, CROWDLENS SRL will not disclose or permit disclosure of Your Data to any unauthorized person, and will only make such limited use as strictly necessary for CROWDLENS SRL to perform the Services. For the avoidance of doubt, all such rights to CROWDLENS SRL to use Your Data shall be granted solely for the duration of this Agreement and in accordance with Our Privacy Policy.

8.8 You acknowledge and agree that CROWDLENS SRL may disclose any Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your content and/or Data violates the rights of Third Parties; or (d) protect the rights, property, or personal safety of CROWDLENS SRL, the Site, the Services, its users, and the public.

8.9. In the event that You provide CROWDLENS SRL with any feedback, suggestions, comments or improvements with respect to the Site and/or Services, You hereby grant CROWDLENS SRL with a non-revocable, sub-licensable and royalty free right and licence to make use of, copy, disclose, licence, and distribute such feedback, suggestions, comments or improvements in any manner without any obligations, of whatever kind, towards You. Nothing in this Agreement shall be construed as a limitation on CROWDLENS SRL to make use, develop and market any Services incorporating the feedback, suggestions, comments or improvements that You have provided.

8.10 For the avoidance of doubt, all such rights to CROWDLENS SRL to use Your Data shall be granted solely for the duration of this Agreement.

  1. Confidential Information

9.1 The person in receipt of Confidential Information (the “Receiving Party”) shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the other party (for the purposes of this section, the “Disclosing Party”). Receiving Party shall ensure restriction of access to Confidential Information to its employees, contractors and Third Parties as is commercially and reasonably required and shall require those persons to sign and abide by nondisclosure restrictions at least as protective as those contained within this Agreement. The Receiving Party shall not, without the prior written approval from the Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any Confidential Information and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately where the Disclosing Party so requests in writing.

  1. Warranties

10.1 CROWDLENS SRL warrants and represents to You that:

  1. The Intellectual Property Rights (including without limitation all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by CROWDLENS SRL as part of the Site and/or the Services do not, to the best of CROWDLENS SRL’s knowledge, infringe any Third Party Intellectual Property Rights when used in accordance with this Agreement;
  2. CROWDLENS SRL will only use Your Data in accordance with this Agreement, including its annexes; and
  3. CROWDLENS SRL represents and warrants to You that it has all necessary rights and authority to enter into the Principal Agreement and any Addendum to perform the Services.

10.2 You represent and warrant that You will comply with all applicable laws and regulations applicable to You when using Our Service. You agree to provide and maintain a legally adequate privacy policy that accurately discloses Your practices with respect to the collection, use, and disclosure of Personal Data, including Personal Data collected through your use of Our Service. You are responsible for determining whether You are subject to any sector-specific privacy laws or regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act (GLBA), the Children’s Online Privacy Protection Act (COPPA), the Family Education Rights and Privacy Act (FERPA) or any law concerning the privacy of any collected personal information or other laws as may be applicable to You, and for determining whether Our Service is suitable for You to use in light of the application or potential application of any such laws or regulations. If You are subject to specific laws or regulations, You represent and warrant that your use of Our Service will be in accordance with such laws or regulations. CROWDLENS SRL will not be held liable for Your failure to provide a legally adequate privacy policy or if Our Service does not meet the requirements imposed by any privacy laws or regulations to which you are subject.

10.3 If You are located in a jurisdiction with privacy and data protection laws (e.g., the European Economic Area (EEA) or California) or have any visitors from such jurisdictions, You represent and warrant that You use the Service in accordance with the GDPR, including that You:

  1. will clearly describe in writing how You plan on using any Data processed, including for Your use of Our Service. We have developed some model wording You can use for this (please seek advice from Your own counsel before using it!);
  2. have complied, and will comply, with all regulations, as well as Data protection, electronic communication, and privacy laws that apply;
  3. have processed all Data relating to any individual in compliance with all Data protection laws and regulations; and
  4. You agree to indemnify and hold Us harmless from any losses, including attorney fees, that result from Your breach of any part of these warranties;
  5. You further agree that, if applicable to You, You have signed Our Data Processing Agreement.

10.4 You agree, in connection with Your use of the Service, to comply with all applicable export and re-export control laws and regulations. You warrant that You are not located in a United Nations Security Council sanctioned country and are not on a sanctioned persons list. You also warrant that You will not purchase the Service using funds sourced from a sanctioned country.

11. Limitations

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

12. Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

13. Interactive Features

This Site may include a variety of features, such as bulletin boards, forums, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, forums, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Purchase, download or copy any products or services from this site and use it to pirate said content.

We may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats or other public forums in the future. CROWDLENS SRL or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by CROWDLENS SRL staff, outside contributors, or by users not connected with CROWDLENS SRL, some of whom may employ anonymous usernames. CROWDLENS SRL expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of CROWDLENS SRL or any of its subsidiaries or affiliates. CROWDLENS SRL has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

14. Data Retention

14.1 CROWDLENS SRL commits to securely storing data on behalf of Our customers in accordance with their Subscription Plan and timeframes corresponding to each Subscription Plan. All data exceeding the stated timeframe will be routinely and automatically deleted from Our systems.

14.2 You expressly acknowledge and accept that CROWDLENS SRL does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan. CROWDLENS SRL expressly disclaims all obligations with respect to archiving, storage and backup of Data.

15. Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

16. Age Requirements

The age requirement to own a CROWDLENS SRL account is 17 years or older. If you enter a birth date indicating you are not old enough to own a CROWDLENS SRL account, your account may be disabled. If you incorrectly entered your birthdate, contact Support at contact@myfocusspace.com

17. Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

18. Assumption of Risk

18.1 You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While CROWDLENS SRL has endeavoured to create secure and reliable Site and Services, CROWDLENS SRL is not responsible for the security of any information outside of its control. CROWDLENS SRL shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site and the Services.

18.2 You hereby declare that You are aware that as a result of the global nature of the Internet and World Wide Web, the Site and/or Services are available online and may generally be accessible from anywhere in the world at any time. Access to the Site and/or Services may not be legal by certain persons or in certain jurisdictions. Access to and use of the Site and/or the Services are at Your own risk and You shall be responsible for compliance with the laws of Your jurisdiction and any jurisdiction in respect of which You use the Site and/or Services. You agree to comply with all local rules regarding online conduct and acceptable content in any generated content.

19. Links

19.1 The Site and/or Services may include links to certain websites, materials, or content developed by Third Parties. CROWDLENS SRL has not reviewed all of the sites linked to its Site and/or Services and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by CROWDLENS SRL of such material and CROWDLENS SRL shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. CROWDLENS SRL reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.

20. Advertising

20.1 Unless You specifically withdraw Your consent to this clause by sending an email at contact@myfocusspace.com, You hereby acknowledge and consent to CROWDLENS SRL making use of any of Your marks, logos and trade names to identify You as CROWDLENS SRL user/customer on CROWDLENS SRL Site and/or Services, in addition to any other marketing material.

21. Enforcing Security

21.1 Actual or attempted unauthorized use of any of the Site and/or Services may result in the institution by Us of criminal and/or civil prosecution. For Your protection, We reserve the right to view, monitor, and record activity on the Site and/or Services without notice or further permission from You, to the fullest extent permitted by the Applicable Law, and only in accordance with this Agreement. This right extends to Our review of tracking activity and details pertaining to claimed violations by You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and/or Services.

22. Waiver of Compliance of this Agreement

22.1 Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, shall in no way waive Your obligation to comply with any of the provisions of the Agreement or Our ability to enforce each and every such provision as written.

22.2 Any and all waivers by either party hereto of any provision, condition or requirement of the Agreement will only be effective against the other Party if it is in writing and signed by an authorized officer of that Party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

23. Privacy / Data Protection

23.1 Please refer to Our Privacy Policy for details on Our privacy practices with respect to the CROWDLENS SRL service. You acknowledge that, by using Our Services, You may process information which is considered as being Personal Data and/or Personal Data information that is considered sensitive under the laws applicable to You. You acknowledge that You shall be solely and exclusively responsible to take all the necessary measures on Your website/app and for obtaining any consent that You are legally obliged to obtain from Your users/customers.

23.2 By accepting the terms contained within this Agreement, including its annexes, You acknowledge represent and warrant that You shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify CROWDLENS SRL Indemnified Parties against any Third Party claims related to violation of such applicable laws in the use of the Service.

23.3 Privacy Policy on Your website: We shall not be held responsible or liable for Your failure to provide a legally adequate privacy policy that discloses Your use of Our Services. Failure to implement privacy policy compliant with applicable data protection laws on Your website/app might result in the termination of Your Account.

DISCLAIMER

THE MATERIALS CONTAINED ON THE CROWDLENS SRL SITE AND SERVICES ARE PROVIDED “AS IS”. OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 10 OF THIS AGREEMENT, CROWDLENS SRL HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, CROWDLENS SRL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

Contact Information:

CROWDLENS SRL

Street: Bdul. Theodor Pallady 9 B, Sectorul 3, București

Email: contact@myfocusspace.com

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