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Terms & Conditions

SC AQUAVITA SRL

TERMS OF USE AGREEMENT

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding contract between Sivis, a product owned by Aquavita, a limited liability company established under the laws of Romania (“Sivis”), and the client, whether acting as an individual or on behalf of an entity (“Client”). This Agreement governs access to and use of Sivis’s website, located at sivis.ro (the “Website”), as well as any related media, channels, mobile websites, or mobile applications. By using the Website, the Client agrees to comply with all terms, conditions, and obligations outlined herein.

Failure to accept and adhere to these terms prohibits the Client from accessing or using the Website, and they must discontinue use immediately. Upon such termination, the relationship between the Client and Sivis will end and hold no further effect, except that any outstanding payment obligations for services already rendered by Sivis shall remain in force.

Intellectual Property Rights

Unless explicitly stated otherwise, the Website and its content are the exclusive property of Sivis. This includes but is not limited to, all source code, databases, software, website designs, functionalities, text, audio, video, photographs, graphics, trademarks, service marks, and logos (collectively, the “Content” and “Marks”). These elements are protected under Romanian copyright and trademark laws, as well as applicable international intellectual property laws.

The Content and Marks are provided “as is” for informational and personal use only. Except as expressly permitted in this Agreement, no portion of the Website, Content, or Marks may be reproduced, distributed, displayed, transmitted, sold, licensed, or otherwise used for commercial purposes without prior written authorisation from Sivis. All rights not expressly granted herein are reserved by Sivis.

Ownership of Materials

While Sivis retains ownership of all Submissions as outlined in the Client Feedback section (Paragraph 4), all designs and original source files created for the Client (“Projects”) shall belong exclusively to the Client. The Client will hold sole ownership of the copyright for any Projects delivered.

If, under any circumstances, the law assigns ownership of a Project to Sivis instead of the Client, Sivis irrevocably assigns all such rights to the Client. The Client warrants that any materials they provide to Sivis for incorporation into a Project are either owned by the Client or used with proper authorisation and do not infringe upon third-party rights, including intellectual property or publicity rights.

Unless otherwise agreed, Sivis retains the right to publicly showcase the Client’s design work (e.g., on social media, portfolio, or website) as stated in Section 18 of this document.

Third-Party Fonts

If a Project includes fonts not owned by Sivis that require a commercial license for legal use, Sivis will inform the Client in writing. This notice will detail which Third-Party Fonts have been incorporated, what licenses are necessary, and how to acquire them. Once Sivis has provided this information, the Client assumes full responsibility for obtaining the appropriate licenses. Sivis will not be held liable for any consequences arising from the Client’s failure to secure such licenses.

User Representations

By accessing or using the Website, the Client represents and warrants that:

  1. The Client has the legal capacity and agrees to comply with these Terms of Use;
  2. The Client is of legal age according to their jurisdiction;
  3. The Client will not access the Website using automated or non-human means;
  4. The Client will not use the Website for any unlawful or unauthorized purpose;
  5. The Client’s use of the Website will comply with all applicable laws and regulations.

Prohibited Activities

The Website may only be used for its intended purposes and in connection with services provided by Sivis. The Client agrees not to:

  • Use the Website in an unauthorized manner;
  • Extract data or content to compile a database or directory;
  • Tamper with security features or circumvent Website access restrictions;
  • Frame or link the Website without proper authorization;
  • Mislead, deceive, or defraud Sivis or other users;
  • Interfere with the Website’s functionality or Sivis’s servers and networks;
  • Reverse-engineer or disassemble the Website’s software;
  • Use the Website for any competitive purposes;
  • Upload or distribute malicious code or material that interferes with the Website’s operation;
  • Disparage or harm Sivis or its reputation;
  • Use the Website in violation of any laws or regulations.

Client Feedback

All feedback, suggestions, or other submissions provided by the Client (“Submissions”) shall become the sole property of Sivis. Sivis reserves the right to use, disclose, and distribute Submissions without obligation or compensation to the Client.

While Sivis has full rights over Submissions, the Client retains ownership rights to any Projects as specified under the “Ownership of Materials” section. By submitting feedback or suggestions, the Client waives any claims against Sivis regarding the use or handling of such submissions.

Management and Oversight

Sivis reserves the right to monitor and enforce compliance with these Terms of Use. This includes taking legal action for violations or restricting the Client’s access to the Website if necessary. Such actions may be taken at Sivis’s sole discretion, without notice or liability to the Client.

Privacy Policy

By using the Website, the Client agrees to Sivis’s Privacy Policy, which governs the collection, use, and protection of personal data. The Website is hosted in the European Union (EU), and the Client’s access from outside the EU may subject them to different laws regarding data protection. By using the Website, the Client consents to the transfer and processing of their data in accordance with EU regulations.

Sivis does not knowingly collect information from individuals under the age of 18. If Sivis becomes aware that a minor has provided personal information without parental consent, such information will be deleted promptly.

Returns and Refunds

Sivis reserves the right to deny refund requests at its sole discretion, without prior notice or liability to the Client. Refund requests are evaluated on a case-by-case basis.

If the Client requests a refund within the first month of service, all materials produced by Sivis will remain the property of Sivis and cannot be used by the Client. If a refund is approved, Sivis may charge a 50% fee on the remaining balance of the service period. Additionally, Sivis retains the right to pursue legal action against the Client for any breach of this clause.

Modifications

Sivis reserves the right to modify, update, or discontinue any content or feature of the Website at any time, at its sole discretion. This includes, but is not limited to, changes to these Terms of Use. Sivis is not liable to the Client for any such changes or for the discontinuation of any part of the Website.

Connection Interruptions

Sivis does not guarantee uninterrupted or error-free access to the Website. Technical issues, hardware failures, or other unforeseen circumstances may result in service interruptions. Sivis will not be held responsible for any loss, damage, or inconvenience caused by the Client’s inability to access the Website during such disruptions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the European Union (EU) and the District of Cluj, Romania, without reference to conflict of law principles.

Litigation

Any disputes or legal proceedings arising from this Agreement must be brought before the state courts of Romania. The Client consents to the jurisdiction of these courts and waives any objections regarding venue or jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is explicitly excluded from this Agreement.

Disclaimer

The Website is provided “as is” and “as available,” and the Client uses it at their own risk. Sivis disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Sivis does not guarantee the accuracy, reliability, or completeness of the Website’s content and assumes no liability for any errors, interruptions, or issues caused by viruses, unauthorized access, or other factors. Sivis is also not responsible for third-party links or advertisements featured on the Website.

Limitations of Liability and Indemnification

Under no circumstances shall Sivis, its employees, directors, or contractors, be liable for any indirect, incidental, or consequential damages resulting from the Client’s use of the Website. This includes, but is not limited to, lost profits, revenue, or data, as well as legal fees or penalties.

The Client agrees to indemnify and hold Sivis harmless against any claims, losses, or liabilities arising from:

  1. The Client’s use of the Website.
  2. Breaches of this Agreement.
  3. Violations of third-party rights, including intellectual property rights.

Sivis reserves the right to assume control over the defence of any matter for which the Client is required to indemnify Sivis and expects the Client’s full cooperation in such cases.

User Data

The Client is solely responsible for all data related to their use of the Website. Sivis assumes no responsibility for any loss, damage, or corruption of such data and disclaims liability for any resulting damages.

Electronic Communications, Transactions, and Signatures

By using the Website, the Client agrees to receive communications electronically and acknowledges that all agreements, notices, disclosures, and transactions conducted through the Website or via email satisfy any legal requirement for written communication.

The Client consents to the use of electronic signatures and records, waiving any rights under applicable laws requiring non-electronic records or original signatures.

Showcasing Design Work

Unless otherwise agreed upon in writing, Sivis reserves the right to publicly display completed design work (e.g., on its website, social media, or other marketing channels). If the Client wishes to restrict Sivis from sharing such work, they may issue a non-disclosure agreement (NDA) to Sivis.

Miscellaneous

These Terms of Use, along with any additional policies published on the Website, constitute the entire agreement between Sivis and the Client. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision.

If any part of this Agreement is found to be unlawful or unenforceable, the remainder shall continue to be valid and enforceable.

Contact Information

For any questions or concerns regarding the Website or this Agreement, the Client may contact Sivis at: hello@sivis.ro