TERMS AND CONDITIONS OF USE OF THE PLATFORM
These Terms and Conditions of Use of the Platform are the User Agreement (hereinafter referred to as the "Agreement" or "Offer") that governs the relationship arising from the use of the https://www.reelly.ai/ Platform.
This User Agreement is a public offer that is addressed to a fully capable entity.
By registering on the https://www.reelly.ai/ Platform Visitor, the Platform Visitor fully agrees to this agreement as a whole, without any exceptions or reservations.
The fact of acceptance of this offer (unconditional acceptance of all conditions contained in this document without exception) is registered by the Platform Operator in electronic form. The information registered by the Platform Operator about the acceptance of the offer can be used as evidence in any instances, including in court.
ATTENTION! IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, PLEASE INTERRUPT THE ACCEPTANCE PROCESS (DO NOT PERFORM A TARGETED ACTION THAT FIXES A LEGALLY SIGNIFICANT ACTION).
If you have any questions, for clarification of the terms and individual provisions of this Agreement, please contact the support service of support@reelly.io
1. TERMS AND DEFINITIONS
1.1. Platform is an Internet resource at https://www.reelly.ai/.
1.2. Personal Account – a certain closed area of the Platform, to which the Platform Visitor gets access after performing a legally significant action in the form of registration, and which contains various services, content, information about the User and the legally significant actions performed by him/her on the Platform and other activities.
1.3. Account means a set of secure pages of the Platform created as a result of the User's registration and information about legally significant actions performed by the User and other activities on the Platform.
1.4. Platform Operator means the person responsible for the operation, content, organization of work and maintenance of the Platform. The Platform Operator is Reelly Tech Ltd (duly incorporated under the laws of the UAE and having its registered office at Dubai International Financial Centre, Gate Avenue, South Zone, Unit 208, Dubai UAE, registration number CL6648).
1.5. Platform Visitor – a person who has visited the Website, but has not performed any legally significant action on it.
1.6. Platform User shall mean an Internet user who is fully capable in accordance with applicable law and has the authority to enter into this Agreement, who has performed a legally significant act of registering on the Platform.
1.7. User statuses – depending on the status of the User and the type of legal relationship that the User has when using the Platform, the User may be assigned the status of a Developer, Ambassador and any other status that will be provided for by the functional settings of the Platform and additionally accepted by the agreement.
1.8. Developer – a legal entity that, in accordance with the legislation of the applicable jurisdiction, has the right to engage in economic activities for the construction of real estate and on behalf of which the User, who is fully capable in accordance with the applicable law, who has the authority to conclude this Agreement, has performed a legally significant action to register on the Platform and accept the relevant agreement governing the relationship with the User of the Developer status.
1.9. Real Estate Agent (hereinafter referred to as the "Agent") is an entity that, in accordance with the legislation of the applicable jurisdiction, has the right to engage in advertising, sale and/or any other services related to the sale of real estate objects of the Developers and on behalf of which the User, fully capable in accordance with the applicable law, who has the authority to conclude this agreement, has performed a legally significant action of registration on the Platform and acceptance the status of Real Estate Agent corresponding to the agreement governing the relationship with the User.
1.10. Ambassador – an entity that, in accordance with the legislation of the applicable jurisdiction, has the right to engage in advertising, sale and/or any other services related to the sale of real estate of the Developers and on behalf of which the User, fully capable in accordance with the applicable law, who has the authority to conclude this agreement, has performed a legally significant action to register on the Platform and accept the relevant agreement regulating the relationship with the User of the Ambassador status.
1.11. Asset is an object of the material world, in relation to which civil rights and obligations may arise, including digital assets, which are a good created and existing exclusively in the digital environment and have property value.
1.12. Transaction is a legally significant action aimed at acquiring, changing or terminating civil rights and obligations, as a result of which the financial condition of the parties participating in the Transaction changes.
1.13. User Account – an area of the Platform which, in accordance with its functional settings, displays the balance of Assets. The User's account is not a financial account opened for the User in financial or other licensed institutions.
1.14. Project – information posted in a separate area of the Platform about possible Transactions for the purchase of the Developer's real estate.
2. WARNING
2.1. The Website is an information platform with elements of automation that optimizes the operational processes of the commercial activities of the Platform Users.
2.2. The Developer's action to place the Project on the Platform is not an indirect or direct advertisement for the sale of real estate, since the Project is available only for non-public viewing, in the closed part of the Platform and exclusively for verified Users of the Platform.
2.3. The Platform Operator does not guarantee Users any guaranteed income or any sales volumes as a result of using both paid and free functionality of the Platform.
2.4. The Platform Operator does not perform any intermediary or agency functions in the Transactions that may be concluded between the Users of the Platform. The Platform Operator exclusively performs the function of providing a set of technical and marketing tools built into the functionality of the Platform, designed to optimize the operational processes of the Users' commercial activities.
2.5. Users who are natural persons, despite the possible occurrence of system income as a result of the use of the Platform, responsibly declare that the nature of the relationship arising between the Platform Operator and the User can in no way be interpreted as an employment relationship. The User is not an employee of the Platform Operator and this Agreement is not governed by the provisions of labor law.
2.6. Unless otherwise specified in a separate Agreement, the User acknowledges and accepts full responsibility for compliance with all applicable laws and regulations of the country of his/her citizenship, residence and/or physical presence, including, but not limited to:
2.6.1. fulfillment of all tax obligations, including the payment of any taxes, fees or similar levies related to income received as a result of the use of the functionality of the Platform;
2.6.2. obtaining and maintaining an appropriate legal status (for example, the status of an individual entrepreneur, freelancer or self-employed), if such status is necessary in accordance with applicable law for the lawful and systematic use of the functionality of the Platform;
2.6.3. obtaining any necessary business licenses, permits or registrations required under applicable law to use the functionality of the Platform.
2.7. The Platform Operator shall not be liable for any consequences resulting from the User's failure to comply with such obligations. This includes, but is not limited to, any administrative, financial or criminal liability, fines, interest or enforcement actions imposed by public authorities. All such risks, liabilities and responsibilities lie solely with the User.
2.8. The Platform Operator does not provide advice, endorsements or recommendations in relation to any Transactions for the Projects presented on the Platform.
2.9. The Platform Operator does not guarantee any financial results that the User can receive as a result of using both paid and free functionality of the Platform. Users should not rely on any forward-looking information, as it is based on subjective beliefs and historical information available at the time it is posted. Forward-looking information that is based on historical data is not a guarantee of future results, as future results may be affected by known and unknown risks, trends, uncertainties and factors beyond subjective control.
2.10. Any information posted on the Platform has been obtained from sources that the Platform Operator considers reliable in accordance with its internal evaluation criteria, but the Platform Operator does not make any representations or warranties as to the accuracy or completeness of such information and does not assume any responsibility in connection therewith.
2.11. When using the functionality of the Platform, the User may have relationships with other third parties. The emergence of such legal relations must be accompanied by the acceptance of separate agreements with such third parties.
2.12. The Platform Operator does not guarantee the accuracy, completeness, or usefulness of any third-party content provided on the Platform, and does not endorse or assume responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party. Under no circumstances shall the Platform Operator be liable for any loss or damage resulting from the User's reliance on the information or other content posted on the Platform.
3. PROCEDURE FOR REGISTRATION/VERIFICATION ON THE WEBSITE, CREATING AN ACCOUNT AND A PERSONAL ACCOUNT ON THE PLATFORM
3.1. To gain access to the Personal Account on the Platform, the User must go through the registration procedure, for which the User must sequentially perform a combination of the following actions:
3.1.1. Fill out the registration form on the Platform.
3.1.2. Read this Agreement in full, as well as other documents governing the use of the Platform, and take a legally significant action to accept these documents.
3.2. To gain access to some of the functions of the Personal Account, the User may be required to perform additional actions, including, but not limited to, the following actions: passing the Verification/KYC/AML procedure, accepting additional documents, making payments, etc.
3.3. When passing the procedures provided for by the functionality of the Platform, the User undertakes to provide reliable data and further keep it up to date. The procedure for processing and storing personal data provided by the User is governed by the Privacy Policy posted on the Platform and which is an integral part of this Offer.
3.4. The Platform Operator reserves the right at any time to require the User to confirm the data provided during the procedures and to request supporting documents in this regard (in particular, identity documents, photos, information about the place of residence, registration, bank details), failure to provide which, at the discretion of the Platform Operator, may be equated to the submission of false information and lead to the blocking of access to the User Account.
3.5. When registering, the User independently chooses a login pseudonym (a unique symbolic name of the User Account) and a password to access the Account. The Platform Operator has the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, allowed characters, level of complexity, etc.). The requirements for the login and password are specified by the Platform Operator when the User fills out the questionnaire before completing the registration procedure.
3.6. Based on the results of the registration procedure, an Account and a Personal Account are created for the User.
3.7. By registering, the User agrees to receive service and advertising messages sent using any of the means of communication specified during the procedures or in the Platform User's profile.
3.8. Registration on the Platform is free of charge.
3.9. To acquire the status of a User, the Platform Visitor must meet the following requirements:
3.9.1. The User is a fully capable entity in his jurisdiction. If, in order to use the functionality of the Platform, the User, in accordance with applicable law, must obtain any additional permits, licenses, register, obtain a special status, etc., then in the context of this Agreement, he will be considered fully capable from the moment of execution of all permits and/or obtaining permitting statuses;
3.9.2. The user is not a resident, citizen, or located in a country that is included in the Financial Action Task Force list of jurisdictions under enhanced (except UAE) https://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/Increased-monitoring-june-2023.html control or the list of high-risk jurisdictions https://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/Call-for-action-June-2023.html or in any other country or territory (unrecognized or disputed territories) that are subject to comprehensive economic sanctions by the United States and/or the European Union.
3.9.3. The User is not subject to personal economic or trade sanctions imposed or imposed by any government agency, or otherwise included in any list of prohibited or restricted persons (including, but not limited to, the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury).
3.9.4. The User does not and will not use a VPN or any other privacy or anonymity tools or methods to circumvent or attempt to circumvent any restrictions on the use of the Platform.
3.9.5. The User is not a citizen or resident of the United States of America, the People's Republic of China, as well as those countries in which the conclusion of similar Agreements is prohibited or limited by national law.
3.9.6. In accordance with the legislation of the jurisdiction of residence, citizenship, or location of the User, he is not prohibited from accessing the Platform and its functionality, and such access does not violate and does not help to violate the norms of applicable law.
3.9.7. The User has not previously been blocked access due to a violation of the terms of this User Agreement.
3.9.8. The User does not currently have an Account.
3.10. Despite going through the procedures provided for by the functionality of the Platform, the User must independently and on an ongoing basis analyze whether he meets all the requirements specified in this User Agreement.
4. USE OF PERSONAL ACCOUNT AND ACCOUNT
4.1. The User Account data and the Personal Account can be used:
4.1.1. to identify the User on the Platform;
4.1.2. to conclude other Agreements (accept offers) posted on the Platform;
4.1.3. to use the services and content of the Platform;
4.1.4. to receive information about the activities of the Platform Operator and other entities;
4.1.5. to access the content and other features of the Platform, including those that may be implemented in the future;
4.1.6. for other purposes expressly provided for by this Agreement or the offers posted on the Platform.
4.2. The User gives his/her consent to the transfer of the data specified by the User on the Platform, as well as the Account data, to third parties.
4.3. The User is solely responsible for all actions (as well as their consequences) performed under the User Account. All actions performed using the User Account are considered to be performed by the User himself.
4.4. For security reasons, the User is obliged to independently carry out a secure shutdown of work under his/her Account (the "Exit" button in the personal account) at the end of each session of work on the Platform. The Platform Operator is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the User's violation of the provisions of this Agreement.
4.5. In cases of unauthorized (not permitted by the User) access to the Account and the User's Personal Account, violation (suspicion of violation) of the confidentiality of the means of access to the Account and the Personal Account, the User shall immediately notify the Platform Operator by e-mail support@reelly.io.
4.6. The User may not alienate or resell access to the Personal Account, unless the User has received written permission from the Platform Operator, or when it is expressly provided for by any agreement with the Platform Operator or applicable law.
4.7. The User may not grant the right to use the Personal Account to other persons, except when it is expressly permitted by the relevant functionality of the Platform or the terms of the purchased product on the Platform.
4.8. The Platform Operator has the right to impose restrictions on the use of the Platform, Personal Account and other services for all Users or for certain categories of Users.
4.9. The Platform Operator has the right to send informational messages to Users using the services of the Personal Account. The User also agrees to receive advertising messages both from the Platform Operator and from third parties with whom the User enters into relationships as part of the use of the Platform.
4.10. The Platform Operator has the right to access the User's Personal Account for the purposes related solely to the fulfillment of its obligations to the User (in particular, to organize the functioning and technical support of the Personal Account).
4.11. One User has the right to register only one Account on the Platform and, accordingly, only one Personal Account. The Platform Operator has the right, at its sole discretion, to block and/or delete the Account and Personal Account of the User who has violated this condition without prior notice.
4.12. All services and functionality of the Personal Account, any content without exception, are provided on an "as is" basis. The Platform Operator does not guarantee the error-free and uninterrupted operation of the Personal Account or its individual functionality, the compliance of the Personal Account and its services with the specific goals and expectations of the User. Platforms of error. In case of an error in the operation of the Platform, the User can report it by e-mail support@reelly.io.
5. BLOCKING AND DELETING A USER ACCOUNT
5.1. The Platform Operator has the right to block the User's Account and Personal Account in the following cases:
5.1.1. Violation by the User of this Agreement, as well as the terms of other agreements with the Platform Operator or with any of the third parties with whom the User has entered into relations as part of the use of the Platform.
5.1.2. The User has not logged in to the Personal Account for more than 3 (three) months in a row and after registration, the User has not performed any legally significant actions in the Personal Account.
5.1.3. Blocking of the Account and Personal Account is expressly provided for in any agreement with the Platform Operator or an agreement with third parties with whom the User has entered into relations as part of the use of the Platform.
5.1.4. Expression of the User's will to block the Personal Account and the Account by submitting an Application. The Application specified in this clause shall be submitted by e-mail support@reelly.io.
5.2. The Platform Operator has the right to delete the User's Account and Personal Account, as well as terminate access to the services provided on the Platform, in the following cases:
5.2.1. Repeated (more than twice) violation or one gross violation of this Agreement, as well as the terms of other agreements with the Platform Operator or agreements with third parties with whom the User has entered into relations as part of the use of the Platform.
5.2.2. The User's will to delete the Personal Account and the Account.
5.2.3. The User has provided incomplete, unreliable or distorted information, or the information is no longer relevant:
5.2.3.1. The User's data specified in the documents provided by him does not correspond to the data specified during the procedures.5.2.3.2. The User refused to provide the Platform Operator with evidence confirming the accuracy of the data about the User entered during the procedures or contained in the Personal Account.
5.2.3.3. The Platform Operator has reasonable grounds to believe that the information provided by the User is incomplete, distorted or unreliable.
5.2.3.4. The User has ceased to meet the requirements necessary to use the Platform (including, but not limited to, has become a citizen/resident of a prohibited jurisdiction, has been included in the sanctions list, etc.).
5.2.3.5. The deletion of the Account and the Personal Account is expressly provided for in any agreement with the Platform Operator or an agreement with third parties with whom the User has entered into a relationship as part of the use of the Platform.
5.2.3.6. The User has transferred his/her Account and Personal Account to a third party without the permission of the Platform Operator.
5.2.3.7. In case of violation by the User of the condition of the absence of several Accounts, the Platform Operator may delete both User's accounts.
5.2.3.8. The User has committed actions aimed at causing losses to other Users, the Platform Operator, third parties with whom the User has entered into relations as part of the use of the Platform's functionality.
5.2.3.9. The User has not logged in to the Personal Account for more than 6 months and after registration, the User has not performed any legally significant actions in the Personal Account.
5.2.3.10. The User's will to delete the Personal Account and the Account by submitting an Application. The Application specified in this clause shall be submitted by e-mail support@reelly.io.
5.3. The Platform Operator has the right, on the basis of the above clauses of this Agreement, to block or delete the User's Account and Personal Account without any prior warning, notifying the User of the fact of blocking or deletion through any of the available communication channels specified by the User on the Platform.
5.4. In case of unauthorized deletion or blocking of the Account and Personal Account, the User's Assets are not lost or confiscated, all relationships that have arisen between the User and third parties as part of the use of the Platform functionality are preserved without any changes. The User remains the owner of the Assets and has the right to continue further communication with their Assets directly with third parties, outside the Platform.
5.5. If, at the time of the unauthorized deletion or blocking of the User's Account and Personal Account, the presence of any unfulfilled obligations of third parties to the User was displayed in the Personal Account, then the User may contact either the third parties directly or the Platform Operator by e-mail support@reelly.io, with a corresponding request for possible methods of withdrawal of Assets, and after agreeing on the withdrawal format, provide the appropriate details for the withdrawal of Assets. In this process, the Platform Operator performs exclusively the representative function of third parties in the matter of communication with the User, these third parties, and not the Platform Operator, remain responsible for the fulfillment of all financial obligations.
5.6. If, at the time of the sanctioned deletion or blocking of the User's Account and Personal Account, the presence of any unfulfilled obligations of third parties or the Platform Operator to the User was displayed in the Personal Account, then these obligations are repaid by accrual and subsequent extrajudicial collection of a fine from the User in the amount equivalent to the amount of these obligations, for the actions that resulted in the authorized deletion or blocking of the Account and Personal Account. of the User's account.
6. ACCOUNTS ON THE PLATFORM AND INTERNAL ACCOUNTING UNIT OF THE PLATFORM
6.1. Under this Agreement, the Platform Operator does not provide Users with any financial services, as well as any services for opening and/or managing accounts and/or funds on them.
6.2. Information on the balance of any Asset is displayed exclusively in the accounting system of the Platform in the form of an internal accounting unit of the Platform.
6.3. Regardless of the name of the currency or digital asset in which the balance of the Asset is displayed, all accruals are made in the internal accounting unit of the Platform, which may coincide in its designation or name with the designation or name of the real currency or digital asset.
6.4. The User's Accounts may display both the Assets that have been credited to the balance sheet on the basis of the relationship that has arisen between the User and the Platform Operator, and the Assets that have been credited to the balance sheet based on the relationship that has arisen between the User and third parties with whom the User has entered into relations within the framework of using the Platform.
7. PROCEDURE FOR PAYMENT AND PROVISION OF SERVICES FOR THE USE OF PAID PLATFORM FUNCTIONALITY
7.1. The cost of services, terms of payment and provision, as well as other aspects of acquiring access to the paid functionality of the Platform are provided to the User directly on the Platform until the target payment action is performed. Prices, as well as other conditions specified on the Platform, may be changed by the Platform Operator or a third party providing services to Users using the functionality of the Platform, at any time, unilaterally, at the initiative of the Platform Operator or the relevant third party.
7.2. Unless otherwise provided by applicable law, all prices displayed on the Platform are exclusive of value added tax.
7.3. The cost and terms of actually paid services cannot be changed unilaterally.
7.4. The Platform Operator or the relevant third party may charge a fee for any targeted legally significant action performed on the Platform, information about all paid targeted actions must be posted on the Platform.
7.5. If the services for purchasing access to the paid functionality of the Platform are purchased on a subscription basis, then the funds will be debited automatically. To avoid being charged, you must cancel your subscription at least 24 hours before the next payment due date. Deletion of the User Account does not automatically cancel the subscription charge.
7.6. The Platform Operator or the relevant third parties cannot influence the processing time of the transaction by payment service providers, therefore, in the event of a delay in the payment service provider's transfer of payment status information to the Platform Operator, the Platform Operator shall be entitled to make a corresponding delay in displaying this transaction in the Platform interface.
7.7. If the User initiates a payment appeal procedure with his/her payment service provider, then at the discretion of the Platform Operator, the User may be blocked from accessing the relevant paid functionality of the Platform.
7.8. The Platform Operator or the relevant third party reserves the right to refuse or cancel any order, at any time, for the following non-exhaustive reasons: lack of a paid product, errors in the description or price of the product, errors in the order or any other reasons. The User agrees that the Platform Operator or the relevant third party will not be liable for any loss or damage resulting from such cancellation.
7.9. The User may cancel the subscription at any time by sending a written notice of cancellation to the Platform Operator by e-mail support@reelly.io or using the functionality of the payment service provider.
7.10. Services for the purchase of access to the paid functionality of the Platform are considered to be provided at the time of providing access to the relevant functionality, regardless of whether the User used this functionality during the paid period or not.
7.11. If, in connection with the applicable law, the User has the right to request a refund for the service received, then he/she can exercise this right by submitting a corresponding request, with the obligatory indication of the norm of the applicable legislation giving such a right, addressed to the Platform Operator or the relevant third party, sent by e-mail to support@reelly.io.
8. PROJECT LISTING
8.1. In order to list a project on the Platform, the Developer undertakes to provide the Site Operator or the relevant third party with documents, information, photos, videos, etc. (hereinafter referred to as the "Data") required to generate the Project card on the Platform.
8.2. The list, structure, format, as well as other characteristics of the Data required for the formation of the Project card depend on the functional requirements of the Platform, which will be in effect at the time of creating the Project card.
8.3. To create a Project Card, including, but not limited to, the following Data may be required: information about the real estate object, information about the developer, instructions for the transaction process, instructions for the after-sales process, project analytics, presentation materials, exclusive information about the launch, and other information necessary for the formation of the Project Card.
8.4. The Developer guarantees that all Data provided for the formation of the project card are complete, accurate, reliable, such that they do not violate any rights of third parties, and also comply with the requirements of applicable law. In the event of any claims related to the posting of the data provided by the Developer on the Platform, the Developer undertakes to settle such claims and disputes with any third parties and/or public authorities, independently, without the involvement of the Website Operator or the relevant third party. If, as a result of the above claims, any penalties are applied to the Site Operator or the relevant third party, the Developer undertakes to compensate for all penalties imposed, as well as to compensate for all losses related to such claim.
8.5. The Website Operator receives an irrevocable right to process and analyze the data that will be created when the Developer interacts with the functionality of the Platform. The data obtained as a result of the processing and analysis of the Developer's customer experience can be used by the Website Operator for the purposes of its commercial activities, including to improve the functionality of the Platform.
8.6. In order to optimize the process of forming the project card, the Website Operator or the relevant third party has the right, without changing the meaning and essence of the Data provided by the Developer, to make editorial changes to them. The Parties have agreed that the Website Operator, including, but not limited to, may make the following editorial changes to the Data: change styles, formats, fonts, structure, size, etc.
8.7. The Developer undertakes to keep the Data in the card of each project up-to-date at all times. In case of violation of this obligation, the Website Operator has the right to suspend the availability of the project on the Platform.
8.8. During the term of this Agreement, the Developer undertakes to list all Projects available on the Platform.
8.9. After the project is listed on the Platform, Agents, using the functionality of the Platform, get the opportunity to form and present to potential buyers an offer to purchase the Developer's project. Each transaction carried out using the functionality of the Platform is registered by the Agent on the Platform, and information about this is automatically sent to the Developer.
9. LIABILITY AND DISPUTE RESOLUTION PROCEDURE
9.1. The Platform Operator shall not be liable for the temporary inoperability of the Platform or its individual functionality, including paid functionality, that have arisen for any reason, including, but not limited to, the following:
9.1.1. equipment malfunction;
9.1.2. periodic maintenance or repair procedures that the Platform Operator or any of its suppliers or contractors may carry out from time to time;
9.1.3. other reasons beyond the control of the Platform Operator or which the Platform Operator could not reasonably have foreseen;
9.1.4. unavailability of third-party service providers or external partners for any reason.
9.2. The Platform Operator is not responsible for the content and functioning of links to external websites.
9.3. For violation of the provisions of this Agreement and the obligations arising therefrom and failure to eliminate such violation within a reasonable period of time specified in the notice of elimination of the violation sent to the User to the means of communication specified in the User's profile, the Platform Operator may apply to the User a penalty in the amount of 0.5% of the amount of transactions concluded on the Platform or, at the option of the Platform Operator, of the amount of the User's Assets, for each day of delay in fulfilling the obligation.
9.4. All disputes between the Platform Operator and the User will be resolved through negotiations. By accepting this Agreement, the User waives the right to participate in a class action. The initiation of any claim or claim by the User in connection with this Agreement must be made within one year after the occurrence of the cause of action or claim, otherwise such cause of action or claim is forever canceled and extinguished.
9.5. If this provision does not contradict the provisions of applicable law, then the aggregate liability of the Platform Operator or the relevant third parties for any claims arising in connection with the use of the functionality of the Platform shall be limited to the amounts paid by the User for the use of the functionality of the Platform, but not more than 100 US dollars.
9.6. If the User has unfulfilled financial obligations to the Platform Operator or third parties with whom the User has entered into relations as part of the use of the Platform, including, but not limited to, obligations that have arisen in connection with the violation of the terms of this Agreement or other agreements with third parties, which led to damage to the Platform Operator or third parties, the Platform Operator has the right to carry out imposition of an out-of-court penalty on the User's Assets, in an amount equivalent to the amount of outstanding financial obligations.
9.7. In the event of disputes between the Users of the Platform, these disputes shall be resolved directly between the parties to the dispute without involving the Platform Operator. The Platform Operator may act as a mediator, but this is not its obligation.
9.8. If there are claims, they shall be sent by the Parties to each other using the User's Personal Account or e-mail, and by the Platform Operator using all means of communication available on the Platform.
9.9. Claims must be considered by the Parties within ten days (non-working days are not included).
9.10. In the event that the dispute is not resolved through negotiations, including by sending claims to each other (mandatory complaint procedure), any dispute, controversy or claim in connection with this Agreement or its violation, termination or invalidity will be finally resolved in court.
9.11. In case of initiation of a legal dispute by the User, the dispute shall be referred to the court at the location of the Defendant in accordance with the legislation of the Respondent. In the event that a legal dispute is initiated by the Platform Operator, it may determine the territorial and jurisdictional jurisdiction, as well as the right applicable to the consideration of the dispute at its discretion, in connection with which a claim for the choice of the Platform Operator may be filed at the location of the Defendant or the Claimant, or at the place where the actions that violate the rights of the Platform Operator are committed.
9.12. The Platform Operator is not a tax agent of the Platform User and does not pay any taxes or fees, the obligation to pay which may arise for the User in connection with the use of the Platform, in accordance with the requirements of the legislation applicable to the User. All obligations to submit reports to the competent authorities of their jurisdiction and the corresponding payment of taxes are borne by the Platform User independently. The Platform Operator strongly recommends that the User consult his accountant, tax consultant or other tax specialist on tax issues.
9.13. In the event of force majeure, including, but not limited to, DDoS attacks on the Platform, cyber attacks on servers or damage thereto, which prevent the performance of this Agreement, the Parties shall be released from liability for partial or complete non-fulfillment of obligations under this Agreement.
9.14. The User accepts and agrees that the liability of the Platform Operator is limited to the cost of the services paid by the User that have been provided by the Platform Operator.
10. COPYRIGHT AND LIMITED LICENSE
10.1. The Platform, its name, domain name, all content and other materials contained therein, including, but not limited to, the logo, all designs, source code, database, functionality, software, text, graphics, audio, video, images, photographs, information, data and other content (hereinafter collectively referred to as the "Content") are fully owned by the Platform Operator.
10.2. The User is granted a limited, non-transferable license to access the Platform and to use it for the purposes of commercial activities corresponding to the User's Status.
10.3. Any of the following are expressly prohibited by this license:
10.3.1. use of the Platform or the Content on it in a manner that does not correspond to the commercial activity corresponding to the User's Status;
10.3.2. distribution, public performance or public display of the Personal Account or Content, if it is not related to the purposes of the commercial activity of the User Status;
10.3.3. modifying or otherwise creating any derivative works of the Platform or the Content;
10.3.4. Using any data mining techniques, robots, or similar data collection or extraction techniques.
11. CONSENT TO ELECTRONIC TRANSACTIONS
11.1. As the Platform Operator operates on the Internet, the User gives consent to conduct business online and electronically on an indefinite basis.
11.2. Any information will be provided to the User in electronic form through the Personal Account or by any available means of communication specified in the profile of the User of the Platform. Only in cases where the terms of acceptance of any agreement governing the relationship on the use of the Platform provide for the provision of documents in paper form, such provision may be carried out for a fee, which will consist of the costs of preparation and sending documents in paper form. If the User has requested the provision of documents in paper form, this does not mean that he has withdrawn his consent to electronic document management and online document management.
11.3. Consents to conduct business transactions in electronic form apply to any legally significant actions performed on the Platform between the User and the Platform Operator or between the User and third parties with whom the User has entered into a relationship as part of the use of the Platform.
11.4. The User may not withdraw consent to conduct business electronically as long as he/she continues to interact with the Platform Operator.
12. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE AGREEMENT
12.1. The Agreement shall enter into force from the moment of acceptance by the User of the offer offered by the Platform Operator and shall be valid until the Parties fully fulfill their obligations, but not less than the period of existence of the Platform and the User's Account. In the event of deletion of the User Account, certain provisions of this Agreement continue to govern the relationship between the Parties as long as the regulated relationship exists. The Agreement is considered accepted either from the moment the User performs the corresponding target legally significant action or from the moment of continuing to use the functionality of the Platform.
12.2. The Platform Operator reserves the right to make changes to this Offer, in connection with which the User undertakes to regularly monitor changes and be guided by the version of the Agreement posted on the https://www.reelly.ai/ Platform.
12.3. If, after changing the Offer, the User continues to use the Platform, it is considered that the User has read all the changes and accepted them.
12.4. If the User does not accept the amendments to this Agreement, he/she has the right to terminate it unilaterally by notifying the Platform Operator by e-mail support@reelly.io.
12.5. The User has the right to unilaterally and extrajudicially terminate this Agreement at any time by sending the Platform Operator a corresponding application for the deletion of the Account and the Personal Account.
12.6. The Platform Operator has the right to unilaterally terminate this Agreement out of court in the cases provided for in this offer, notifying of the fact of termination through the Personal Account or using the contact details specified by the User in his profile.
12.7. The User shall not have the right to replace his/her Party in this Agreement without the consent of the Platform Operator. The User is prohibited from transferring the rights and obligations arising from this Agreement to any third parties.
12.8. The Platform Operator has the right to replace its party in this Agreement without the consent and notice of the User. The Platform Operator has the right to assign or otherwise transfer its rights and/or obligations arising from its relationship with the User to third parties without the consent and notice of the User.
12.9. The invalidity of any provision of this Agreement by a court does not entail the invalidity of its remaining provisions.
