General Terms and Conditions of Use of the Website of SBRAINS Holding OÜ

These terms and conditions (hereinafter referred to as the "Terms") govern the rights and obligations of Visitors to the Website of SBRAINS Holding OÜ, registered seat: Vesivärava tn 50-301, 10152 Tallinn, Estonia, registration authority: private company with limited liability (osaühing) registered in the Commercial Register (äriregister) of Estonia, ID No.: 17147960 (hereinafter referred to as the "Company") .

Definition of terms:

Affiliate any legal entity or natural person that directly or indirectly controls, is controlled by, or is under common control of Company, where "control" means the direct or indirect ownership of more than 25% of the voting rights or equity interests, or the power to direct or cause the direction of the management and policies of such entity or person, whether through ownership, by contract, or otherwise. The term Affiliate shall also include any entity that has the same ultimate beneficial owner as the Company.

GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC and (where applicable) any applicable national data protection legislation.

Visitor – natural person is any natural person, who is not an entrepreneur, acting in its own name and who visits the Website, regardless of whether he or she is a client, supplier or potential client or supplier of the Company and/or its Affiliate or becomes a client or supplier of the Company and/or its Affiliate in the future.

Visitor – entrepreneur is any person, other than a Visitor - natural person, who has visited the Website, regardless of whether it is a client, supplier or potential client or supplier of the Company and/or its Affiliate, or will become a client or supplier of the Company and/or its Affiliate in the future.

Visitor is jointly Visitor – natural person and/or Visitor - entrepreneur.

Unforeseeable event an event whose occurrence, course and termination cannot be objectively influenced by the Visitor or the Company and/or its Affiliate and is unavoidable. Such events include, but are not limited to, a strike, lockout, labor dispute, act of God, act of terrorism, riot, intentional damage, abuse by order, (regulation, directive) of law or government, destruction of business operations, fire, flood, storm or other similar circumstances.

Website Company's website https://spacebrains.tech/

1. General Terms and Conditions of Use of the Website
   1. The Visitor is obliged to always provide correct and complete data and information when using the Website. In the event of a change of data or information, the Visitor is always obliged to inform the Company and/or its Affiliate about this fact without undue delay. In the event of a breach of this provision of the Terms, the Visitor shall be liable for all of the Company's and/or its Affiliate's costs and any damages incurred by the Company and/or its Affiliate.
   2. The Visitor - entrepreneur expressly agrees that the Company and/or its Affiliate may use the data or information provided by him/her to conduct its business (in particular, to include the data or information in the Company's and/or its Affiliate's databases, to publish the data or information provided on the Website or otherwise), and to provide the data or information to the Company's and/or its Affiliate's business partners.
   3. The visitor – natural person agrees that the Company and/or its Affiliate may use the data or information provided by him/her for the conduct of its business (in particular for the purpose of arranging employment, inclusion of the data or information in the Company's and/or its Affiliate's databases, publication of the data or information provided on the Website or otherwise), and for the provision of the data or information to the Company's and/or its Affiliate's business partners.
   4. The Visitor expressly acknowledges that by using the Website, he/she will not violate any law, infringe or interfere with the legitimate interests of any person and, in the event that he/she provides any data or information to the Company and/or its Affiliate, he/she has all necessary authorizations and consents to do so, in particular all necessary authorizations and consents to the provision and use of the data or information of others. In the event of a breach of this provision of the Terms, the Visitor shall be liable for all of the Company's and/or its Affiliate's costs and any loss incurred by the Company and/or its Affiliate.
   5. If the Visitor provides any information or data to the Company and/or its Affiliate or performs any acts towards the Company and/or its Affiliate, this does not create any obligation of the Company and/or its Affiliate towards the Visitor, in particular it does not create any obligation of the Company and/or its Affiliate to provide any services or other benefits to the Visitor.
   6. If a Visitor provides any information or data to the Company and/or its Affiliate or takes any action towards the Company and/or its Affiliate, the Visitor shall not be entitled to any remuneration or reimbursement of any costs. The Visitor shall also ensure that any data or information of others is provided to the Company and/or its Affiliate free of charge. In the event of a breach of this provision of the Terms, the Visitor shall be liable for all of the Company's and/or its Affiliate's costs, loss or any other damages incurred by the Company and/or its Affiliate.
   7. The Visitor - entrepreneur acknowledges that he/she is interested in providing data or information to the Company and/or its Affiliate for the purpose of obtaining new business opportunities, acknowledging that he/she may not obtain any such new business opportunities, and acknowledging that the Company and/or its Affiliate is under no obligation whatsoever to provide such business opportunities to the Visitor.
   8. The Visitor – natural person acknowledges that he/she is interested in providing data or information to the Company and/or its Affiliate for the purpose of intermediation of employment or a similar relationship with potential employers and for the purpose of retaining his/her CV on the Company's and/or its Affiliate's database for the purpose of being contacted in the future in the event of a suitable position becoming available, and further acknowledging that he/she may not obtain any employment and further acknowledges that the Company and/or its Affiliate is under no obligation whatsoever to arrange the employment for him or her.
   9. The Visitor - natural person acknowledges that if the Company and/or its Affiliate finds suitable employment for him/her and the Visitor - natural person is interested in concluding an employment or other contract with the potential employer, the Visitor - natural person is obliged under the law to conclude with the Company and/or its Affiliate a written agreement on employment intermediation.
   10. The Company and/or its Affiliate may prohibit or restrict any Visitor from using or accessing the Website at any time and without giving any reason. This is without prejudice to the Company's and/or its Affiliate's right to continue to use the Visitor's data or information.
   11. Visitor acknowledges that there may be interruptions, temporary limitations, interruptions or reductions in quality when using the Website.
   12. The Visitor must not take any action to prevent or restrict the operation of the Website or to carry out other attacks on this server, nor must he/she assist a third party in such an action. The Visitor must not burden the Website with automated requests. The Visitor is not entitled to use mechanisms, software or other procedures in the use of the Website that have or could have a negative impact on the operation of the Website.
   13. The Visitor acknowledges that he/she is not entitled to use texts, graphic works or other items protected by copyright or other intellectual property rights found on the Website without the prior written consent of the Company.
2. Liability
   1. The Company and/or its Affiliate accepts no liability for any loss arising from the unavailability of the Website or loss of data or information or for any other loss which could not have been objectively prevented.
   2. The Company and/or its Affiliate shall not be liable to the Visitor or any third party if any performance is delayed or refused due to the occurrence of Unforeseen Events. In such event, the Company and/or its Affiliate shall proceed with performance as soon as objectively possible.
   3. The Company will use all reasonable efforts to ensure that websites with malicious code or unsolicited content are not active on the Website. However, the Company and/or its Affiliate is not responsible for any defects or damages caused by malicious code or unsolicited content appearing on the Website.
   4. Under no circumstances will the Company's and/or its Affiliate's total liability in connection with the use of the Website exceed the amount of the Company's and/or its Affiliate's net profits earned in connection with the use of the Website. The Company and/or its Affiliate shall only be liable for actual loss, never for lost profits or any indirect damages.
   5. In the event that the Visitor – natural person is provided with employment or a similar relationship with an employer, the Visitor – natural person acknowledges that the Company and/or its Affiliate will not be liable for any employment claims made by the Visitor– natural person, and the employer will be solely liable for any employment claims made by the Visitor – natural person. Further, the Company and/or its Affiliate shall in no event be liable for payment of wages, levies or taxes to the Visitor - natural person, and shall not be liable for the Visitor - natural person's reporting obligations to the relevant authorities, etc.
3. Final provisions
   1. Visitors are obliged to familiarize themselves with the Terms before using the Website.
   2. The Company's Privacy Policy is published on the Website. The Company and/or its Affiliate and the Visitor declare that, when processing personal data, they will ensure that sufficient safeguards are provided to implement appropriate technical and organisational measures in such a way that the processing complies with the requirements of the GDPR and to ensure that the rights of data subjects are protected.
   3. Any communication between the Company and/or its Affiliate and the Visitor will be in English or Slovak language, unless otherwise agreed between the Company and the Visitor.
   4. The Company and/or its Affiliate and the Visitor agree that the written form shall also be deemed to be complied with in the case of email communication between the Company and/or its Affiliate and the Visitor.
   5. The Company reserves the right to change the Terms. Changes to the Terms shall become effective on the date on which such changes are posted on the Website or otherwise communicated to the Visitor.
   6. The Visitor is not entitled to set off any claims against the Company and/or its Affiliate. The Company and/or its Affiliate shall be entitled to set off any amounts (whether due or not) against the Visitor.
   7. The Visitor is not entitled to assign or otherwise transfer any obligations, claims, demands, rights or duties against the Company and/or its Affiliate to a third party without the prior written consent of the Company and/or its Affiliate.