6. USER’S LEGAL RIGHTS

6.1.          In case of an issue with the Platform or the Services, including where the User believes that the Services are not compliant with the Agreement or the User has a legal complaint against Axestreet, then the User should contact Axestreet immediately and send a notice via e-mail [info@axestreetcapital.com]. Such notification should include the User’s name, contact information, as well as a description of the issue, and the complaint. Axestreet shall process any notice within a reasonable time.

6.2.         Where the User has any questions, the User can contact Axestreet and send a notice via e-mail [business@axestreetcapital.com]. Axestreet shall process any notice within a reasonable time.

6.3.          Subject to the applicable law and the Agreement (including the limitation of liability as provided in chapter 7 of these General Terms and otherwise with the Agreement), if the Platform and/or Services are not compliant with the Agreement, the User has the right to use legal remedies provided by the applicable law:
                 (a) require performance of the obligation;
                  (b) withhold performance of an obligation which is due from the User;
                  (c) demand compensation for damage;
                  (d) withdraw from or cancel the respective contract;
                  (e) reduce the price;
                  (f) in the case of a delay in the performance of a monetary obligation, demand payment of a penalty for late payment.

7. LIABILITY

7.1.           The restrictions on liability in this chapter 7 of the General Terms apply to every liability arising under or in connection with the Agreement, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

7.2.          Nothing in the Agreement shall limit or exclude any Party’s liability for:
                 (a) damages caused by wilful misconduct or gross negligence;
                (b) fraud or fraudulent misrepresentation; or
                (c) any other liability which cannot be limited or excluded by applicable law.

7.3.          Subject to clause 7.2 of the General Terms (liabilities which cannot be limited):
                (a) the Platform and Services are provided on “as is” and “as available” basis without warranty of any kind, which includes that Axestreet does not warrant that the use of the Platform and/or Services shall be uninterrupted or error free nor is any warranty given as to up-time of the Platform and/or Services and the results that may be obtained from the use of the Platform and/or Services;
                (b) Axestreet shall have no liability to the User or any third party for any special, indirect, punitive, exemplary, incidental or consequential loss or damages arising under or in connection with the Agreement, Platform and/or Services, including, without limitation, damages resulting from delay of delivery or from loss of profits, data, business or goodwill, however caused and on whatever theory, whether based on breach of contract or warranty, tort (including negligence), the failure or asserted failure of Axestreet to perform its obligations hereunder, or otherwise, and whether or not Axestreet having alleged to caused such damages was advised or aware of the possibility of such damages;
                 (c) Axestreet is not responsible for the usability and compatibility of the equipment or software used with the Platform and/or Services by the User unless Axestreet has otherwise expressly stated so; and
                 (d) in any case, even if Axestreet should be liable, Axestreet’s aggregate liability for all claims of any kind is limited to the total amount of the Fee paid by the User to Axestreet during the 12 months preceding the circumstances that gave rise to the claim.

8. TERM OF AGREEMENT AND CANCELLATION

8.1. The Agreement is entered into for an unspecified term, unless Special Terms are agreed upon that provide a different term.8.2. The User can cancel the Agreement any time by deleting their Master Account (if the User has the respective account) or by notifying Axestreet, unless Special Terms are agreed upon which provide differently. The notification should be done on the following template:Recipient: [Axestreet OÜ] ([Estonia, Tallinn, Valukoja tn 8/2, 11415]; e-mail [info@axestreetcapital.com])I hereby announce that I am terminating the concluded contract regarding the provision of the services related to website [https://www.axestreetcapital.com]Name of the User: [to be fulfilled by the User]Address of the User: [to be fulfilled by the User]Signature of the User (only if the termination notice is submitted on paper)Date: [to be fulfilled by the User]8.3. Axestreet may cancel the Agreement without any reason with a 30-day (thirty day) prior notice to the contact details provided by the User to Axestreet on the Platform or any other contact details which the Parties have previously used for communication in relation to the Agreement.8.4. Without affecting any other right or remedy available to it, Axestreet may terminate the Agreement with immediate effect by giving a notice to the User (to the contact t details described in clause 8.4) if: (i) the User commits a material breach of the Agreement; or (ii) the User commits any breach of the Agreement and the User fails to remedy that breach within a period of 14 (fourteen) calendar days after being notified to do so.8.5. A material breach of the Agreement by the User includes, but is not limited to, any infringement of obligation related to the following:(a) payment of any fee to Axestreet; (b) limitations regarding the scope of the Services as outlined in chapter 2 of the General Terms;(c) obligation concerning intellectual property as outlined in chapter 4 of these General Terms; (d) obligation related to the indemnification as outlined in clause 10.5 of these General Terms or(e) any other infringement per applicable law if Axestreet cannot reasonably be expected to continue performing the Agreement taking into account all the circumstances and the mutual interests of the parties.9. GOVERNING LAW AND DISPUTES9.1. The Agreement and the legal relations deriving from it between the Parties are governed by the laws of the Republic of Estonia, without reference to its conflict of law rules.9.2. If any disputes arise out of or relating to the Agreement, the Parties shall attempt to resolve them through negotiations. If the matter is not resolved by negotiations, the Harju County Court located in Estonia shall have the exclusive jurisdiction as a court of first instance of all disputes arising out of or relating to the Agreement. Additionally, if the User is a consumer, the User also has the right to turn to the Committee for Consumer Complaints formed at the Consumer Protection Board (Endla 10A, 10142 Tallinn, Estonia; https://komisjon.ee/et) to reach an out-of-court settlement. This committee solves contractual disputes between consumers and businesses which the parties were not able to resolve by negotiations. Moreover, the User may turn to European Commission’s Online Dispute Resolution platform (https://ec.europa.eu/).10. MISCELLANEOUS10.1. Amendments. Axestreet has the right to amend these General Terms unilaterally at Axestreet’s sole discretion. In case of any amendments, the User shall be notified of such amendments via e-mail or by uploading the amended General Terms to the Platform. This shall be done at least 30 (thirty) days before any amendments enter into force. If the User does not agree with the amendments, the User has the right to cancel the Agreement within these 30 (thirty) days by notifying Axestreet. Once the 30 (thirty) days have passed and the User has not cancelled the Agreement, the User is deemed to have agreed to the amended General Terms.10.2. Suspension. Axestreet has the right to suspend access to the Platform, Content and/or the Services in case of maintenance work, data security risk or for any material risk as identified by Axestreet.10.3. Updates. Axestreet may update the Platform at Axestreet’s sole discretion, including but not limited to when Axestreet wants to improve performance, enhance functionality or address security issues. Axestreet has the right to suspend the provision of the Services when the Platform is updated, but also for maintenance work or due to any data security risk.10.4. Privacy. Axestreet processes personal data as described in Axestreet’s privacy policy which is available here [insert link].10.5. Indemnification. The User agrees to indemnify Axestreet, its management board, consultants and employees and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or not directly arising from the User’s use of the Services and/or Platform, or the User’s violation of the Agreement or the applicable law.10.6. Assignment and transfer of rights. Axestreet has a right to assign and/or transfer its rights and obligations under the Agreement, in whole or in part, to any third party without the express consent of the User on condition that such assignment or transfer shall not affect the User's obligations under the Agreement. Axestreet shall notify the User of any such assignment and/or transfer within a reasonable time thereafter.10.7. Representations and warranties. Each Party represents and warrants that (i) it has the full right, power, and authority to enter into, and to perform its obligations under the Agreement; and (ii) the person entering into the Agreement on behalf of the Party is authorized to bind such Party.10.8. Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.