USER AGREEMENT

Version dated November 19, 2024

This text is a public offer from Compubyte Limited ("we"), addressed to legal entities, individual entrepreneurs, and individuals ("you") for the purpose of granting the right to use the Survey Ninja program (the "Service") under the terms specified below (the "Agreement").

Before using the Service, we strongly encourage you to carefully read the terms of this Agreement. As the Agreement is directed to an unlimited audience and includes all essential terms of a licensing agreement as required by law, your acceptance grants it binding legal force. By clicking the "Create an account" or “Sign in with Google” button, you accept the terms of the Agreement, thereby accepting the offer and forming the Agreement. Accessing the Service without any exceptions or reservations constitutes unconditional confirmation that you have read, understood, and agreed to the terms of the Agreement.

The terms and definitions used in this Agreement are interpreted in accordance with the applicable laws of Cyprus, business practices, and established rules for interpreting relevant terms on the Internet.

1. SUBJECT OF THE AGREEMENT

1.1. We grant you the right to use the Service under a simple (non-exclusive), personal (non-transferable), limited, and revocable license in the manner specified by this Agreement.

1.2. You accept the right to use the Service as provided by us, within the scope of the features available in the plan you have selected.

1.3. Term of Rights Granted:

• 1.3.1. The term for rights granted under free plans begins upon acceptance of the Agreement's terms and remains in effect indefinitely.
• 1.3.2. The term for rights granted under paid plans begins upon payment for the selected plan and remains in effect until the end of the paid period.

1.4. The territory of use of the Service is not limited (worldwide), except for territories where the distribution of the Service is prohibited by the legislation of Cyprus, international law, sanctions of the European Union, and the United States.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. You have the right to:

• 2.1.1. use the Service in any lawful manner within the functional capabilities of the selected plan.
• 2.1.2. modify the selected plan in accordance with the procedure outlined in Clause 3.7 of the Agreement.
• 2.1.3. contact technical support to resolve technical issues arising during the use of the Service.

2.2. You are obligated to:

• 2.2.1. independently ensure the technical capability to use the Service, including:
• (a) uninterrupted access to the Internet;
• (b) availability of software on the device used to access the Service for internet connectivity.
• 2.2.2. ensure the confidentiality of login credentials to prevent unauthorized access by third parties.
• 2.2.3. independently fulfill any obligations of the personal data operator if the Service is used for interacting with data subjects.
• 2.2.3. within 24 hours of receiving the relevant request from us:
• (a) delete or modify the information you have posted if it violates the Agreement;
• (b) provide information and supporting documents in the event of us conducting your identification procedure.
• 2.2.5. not use the Service for:
• (a) posting pornographic, erotic, or immoral content (obscene behavior, offensive language);
• (b) inciting religious, sexual, racial, ethnic, or interethnic hatred;
• (c) displaying violence, cruelty, death, inhumane treatment of animals; encouraging harm to life and/or health; threats, intimidation, harassment, or persecution;
• (d) selling narcotic or psychotropic substances, weapons, explosives; distributing instructions for their creation;
• (e) extremism, nationalism, public display of related insignia, symbols, slogans, or literature; discrediting individuals, organizations, or government authorities; incitement to break the law;
• (f) selling goods or services whose sale is prohibited or restricted by law without the proper authorization;
• (g) unauthorized access to information, credential stuffing, exploiting vulnerabilities, reverse engineering, doorway pages, phishing, spreading spam, malware, or software created for illegal purposes, databases containing phone numbers, residential addresses, and other personal data of third parties;
• (h) insulting honor, dignity, and business reputation;
• (i) violating intellectual property rights on the results of intellectual activity and means of individualization (exclusive and copyright);
• (j) disseminating false information or information containing legally protected secrets (state secrets, commercial secrets, personal privacy, medical confidentiality, banking secrecy, attorney-client privilege);
• (k) misleading by assuming someone else's identity with the intent to cause harm to us and/or third parties, or for other fraudulent purposes;
• (l) any other violation of the law.

2.3. We have the right to:

• 2.3.1. revoke the granted right to use the Service in cases provided for by the Agreement.
• 2.3.2. suspend the operation of the Service for the time necessary to perform scheduled maintenance and recovery work on the equipment. We are not obligated to notify you in advance about the upcoming suspension of the Service, but we will strive to do so in a way that is convenient for us.
• 2.3.3. send you promotional and informational messages to the email address or mobile phone number provided when creating the account, regarding offers, promotions, events related to the Service, and our new products; contact you for quality assessment purposes; send messages with important information regarding the use of the Service; and send you other information that we believe may be of interest to you.
• 2.3.4. conduct an identification procedure, during which we may request information and copies of supporting documents from you in connection with data verification, receipt of your requests related to the processing of personal data, and restoring access to the Service, in order to protect our interests and the interests of third parties, as well as when receiving information requests from authorized state authorities and individuals, when we reasonably believe that the law requires us to provide such information.
• 2.3.5. use indefinitely and free of charge any version of the result of intellectual activity created using the Service within our marketing or informational activities on the Internet, as well as in any territory worldwide, and make any changes to it necessary for these purposes. You waive any claims against us in connection with the specified types of limited authorized use.
• 2.3.6. conduct promotions offering the purchase of plans under special conditions, including receiving discounts, promo codes, and additional benefits from us or third parties. The discounts, promo codes, and additional benefits you receive as part of the promotions are provided free of charge only if the terms of the promotion are fully complied with.
• 2.3.7. Temporarily restrict access to the Service in case of exceeding the system or technical limits for processing requests, set to ensure the stable operation of the Service. The limits may be adjusted at our discretion at any time and without prior notice, depending on the load on the Service. Upon your request, the limit may be increased under individual conditions.

2.4. We are obligated to:

• 2.4.1. ensure the implementation of your right to use the Service, making reasonable efforts to ensure the stable operation of the Service, its improvement, and error correction.
• 2.4.2. provide technical support. We do not offer consultations on legal matters, equipment setup, software, internet access, or other issues not directly related to the operation of the Service.
• 2.4.3. ensure an appropriate level of security for your personal data in accordance with the adopted Privacy Policy, industry standards, and applicable legislation.
• 2.4.4. forward to you requests from third parties and authorized authorities submitted in connection with your use of the Service.

2.5. You assure us of the following circumstances, which are of significant importance for the conclusion, execution, and termination of the Agreement:

• 2.5.1. you have reached the age that allows you to independently enter into contractual relationships, acquire the corresponding rights, obligations, and bear the resulting responsibility; if there are limitations on your legal capacity, you have received the appropriate permission from your legal representative (or guardian) to accept the terms of the Agreement; if you are acting on behalf of another person, you are properly authorized to accept the terms of the Agreement.
• 2.5.2. you consent to the processing of your personal data during the use of the Service;
• 2.5.3. when creating the account, you provided accurate and complete information about yourself or the person on behalf of whom you are acting;
• 2.5.4. you hold intellectual property rights to any materials you post or have obtained properly executed consent for the publication of such materials;
• 2.5.5. your use of the Service does not violate the law.

3. FINANCIAL TERMS

3.1. The amount of our compensation for granting the right to use the Service is determined based on the cost of the plan you have selected and its duration.

3.2. The payment of compensation is made by you using any convenient payment method available.

3.3. Our obligations to grant you the right to use the Service within the functional capabilities of the selected plan are considered fulfilled at the moment you gain access to such functionalities, regardless of whether you exercise the right or not. Therefore, the validity of the right granted to you, which is conditional upon the purchase of a paid plan, will cease only after the end of the paid period. The cancellation of the paid plan is not possible, and the paid amount is non-refundable or exchangeable. You will also not be entitled to a refund for any unused but paid period if your account is deleted in accordance with the Agreement or if you withdraw your consent to the processing of personal data. Each refund request will be considered individually, depending on the situation, and we reserve the right to change the refund terms in specific cases when we deem it necessary.

3.4. Using the Service under a paid plan involves automatic renewal of the plan with automatic deduction of funds from your payment method in the amount required for its renewal for a period equal to one (1) month of use of the plan you previously paid for, in order to ensure uninterrupted use of the Service. The automatic renewal of the plan and automatic payment deduction is activated after each payment of the plan, made by you with the entry of payment details (manual payment). The plan will be automatically renewed unless the automatic renewal with automatic payment deduction is canceled at least 72 hours before the end of the paid plan period. The cost of the plan is determined on the date of renewal and may differ from the cost of the previously paid plan. You can disable the automatic renewal and automatic payment deduction in the account settings.

3.5. If the payment required for the renewal of the selected paid plan is not made, your use of the Service will continue under the terms of a plan that does not require payment.

3.6. We have the right to unilaterally change the cost of the plans, as well as modify the list of functionalities of the Service available under the corresponding plan, without prior notice. Changes to the cost of the plan and the list of functionalities of the Service that become available under the corresponding plan will not apply to the plan already paid by the User.

3.7. You can upgrade your plan to increase its functionalities during the current plan period by accepting additional usage rights for the Service and paying the required compensation for their provision. You can downgrade your plan to a plan with fewer features after the current plan period ends.

4. LIABILITY OF THE PARTIES

4.1. The parties are responsible in accordance with the applicable laws of Cyprus.

4.2. The Service is provided to you on an "as is" basis. We do not guarantee:

• 4.2.1. compatibility with the device and/or software you are using;
• 4.2.2. the absence of technical errors;
• 4.2.3. continuous availability;
• 4.2.4. compliance with specific subjective requirements and expectations;
• 4.2.5. universal suitability for any tasks and purposes;
• 4.2.6. insensitivity of the systems to the negative impact of malicious software or dishonest actions of third parties, and absolute protection of the database.

4.3. We are only liable to you for the inability to exercise the right to use the Service, for which the compensation has been paid, provided the following conditions are met:

• the inability for you to exercise the right to use the Service violates the Agreement;
• the inability for you to exercise the right to use the Service is caused by our fault.

4.4. Our total liability is limited to compensating you only for actual damage in the proven amount, but in any case, it cannot exceed the amount actually paid by you as compensation for granting the right to use the Service at the time the damage occurred.

4.5. You are responsible for:

• 4.5.1. any unlawful actions or omissions while using the Service;
• 4.5.2. fulfilling obligations to individuals with whom you enter into relationships while using the Service;
• 4.5.3. the security of the account credentials. Any actions taken from an account accessed through the correct login credentials will be considered actions taken by you personally.

5. CONFIDENTIALITY

5.1. We process personal data in accordance with our Privacy Policy.

EFFECT OF THE AGREEMENT

6.1. The Agreement comes into effect upon your acceptance of its terms in the manner defined by the Agreement and remains in effect until the end of the period during which the rights are granted to you under the Agreement.

6.2. We have the right to revoke the granted right and delete your account if we reasonably believe that:

• 6.2.1. you have violated the Agreement;
• 6.2.2. the representations you provided regarding circumstances essential for the conclusion, execution, and termination of the Agreement were or became false;
• 6.2.3. it is required by law.

6.3. You have the right to refuse to exercise the rights granted to you under the Agreement and delete your account at any time at your discretion.

6.4. Deleting the account results in the destruction of all information associated with the account, but we may continue to store your data when required by law.

6.5. We have the right to make changes to the Agreement by updating it on this page. You agree to monitor any changes to the Agreement by periodically visiting the page where the Agreement is posted. Any changes to the Agreement take effect upon their publication on the relevant page. You accept the terms of the Agreement with the changes each time you use the Service. If you do not agree with the changes made to the Agreement, you must immediately stop using the Service.

7. FINAL PROVISIONS

7.1. The legal relations between the parties arising from the Agreement are governed by the applicable laws of Cyprus.

7.2. Any disputes arising between us and you from or in connection with the Agreement shall be resolved through negotiations, and if such resolution is not possible, in the court at our location.

7.3. If you have any questions regarding your legal rights and obligations, if you do not understand the terms of the Agreement or the applicable law, you should consult a qualified professional before accepting the terms of the Agreement. We do not provide legal advice or recommendations regarding the applicable law or requirements that apply to you or third parties.

7.4. You may not transfer your rights and obligations under the Agreement without our prior consent. We may transfer our rights and obligations under the Agreement to a third party, provided that this does not affect your rights or obligations under the Agreement.

7.5. Each provision of the Agreement is effective separately. If one or more provisions of the Agreement become invalid, the remaining provisions shall continue to be in effect.

7.6. The Agreement is drafted in English and may be translated into other languages for your convenience.

7.7. The document exchange with the User is conducted in electronic form.

7.8. Our correspondence is valid if it is conducted:

• 7.8.1. by you from the email address provided during account creation or profile updates;
• 7.8.2. by us from email addresses in the @surveyninja.io domain.

8. LEGAL INFORMATION

Compubyte Limited

Registration number: HE 410336

Address: 55 Arch. Makariou III, Athienou 7600 Larnaca, Cyprus

Email: [email protected]