Before using the PRIME DASH platform, the PRIME DASH application or the services available on the website www.primedash.com please read this document carefully. Your agreement and consent are required to use the features offered by the PRIME DASH platform / PRIME DASH application or the website www.primedash.com. Please note that the use of the PRIME DASH platform is only made in accordance with these Terms and Conditions.
The services offered through the PRIME DASH platform / application or through the website www.primedash.com can be modified with the development of new functionalities. We may also discontinue, suspend or modify these services at any time without notice. We may also remove any content from the services provided at any time.
By continuing to browse this website and by creating a User account you agree to the terms and conditions found in this document. Otherwise, you must leave the site www.primedash.com and also not use the PRIME DASH platform / application.
In case you want to benefit from the services offered through the PRIME DASH platform / application and through the website www.primedash.com, this “Agreement / Contract for the provision of services” will be concluded.
Your agreement and consent will be requested at the end of the account creation and will be done by checking a box titled “I agree with the Terms and Conditions”
Chapter 1 CONTRACTING PARTIES
1. The subscribed, PRIME DASH DEVELOPMENT SA, based in Oradea, str. Tudor Vladimirescu, no. 17, Bihor county, identified by CUI RO 41599013 and having the registration number at Reg. Of Commerce J05 / 2146/2019, legally represented by director Rus Cătălin, e-mail: firstname.lastname@example.org, as the SUPPLIER, hereinafter referred to as the SUPPLIER or PROVIDER
You, as a BENEFICIARY / USER, with the identification data sent through the account creation form on PRIME DASH platform / application, hereinafter referred to as “user”, “you”, “them”, or “they”,
In accordance with the stipulations of the Law 365/2002 regarding electronic commerce, have agreed to conclude this “Contract for the provision of services”:
Chapter 2 DEFINITIONS
In this document and in the relationship between Supplier and User, the interpretation of the notions and terms used will be as follows:
PRIME DASH platform / application – is the way in which the Supplier makes its services available to the User and allows for their use. In this document we will also refer to it by using the phrase “platform / application”
The site – refers to the website www.primedash.com and is the way in which the Supplier presents its services, describes how to use them and redirects to the platform / application PRIME DASH
User – hereinafter referred to as “user”, “you”, “them”, or “they” – an individual over the age of 18, acting as a legal representative of a legal person or as a or proxy of a legal person. The platform / application is not intended for individuals, but is addressed especially to legal entities and does not have as recipient of the service – within the meaning of art. 1 points 6 and 7 of Law 365/2002 – a natural person who does not act as a legal representative or proxy of a legal person. If an individual acts in their own name in the use of the platform / application, by agreeing to the terms and conditions of use of the site, platform / application PRIME DASH, they expressly declare that they waive the applicable stipulations regarding consumer protection and also, they expressly waive the right to request a refund of any amounts paid to the provider for the use of the platform / application.
Account – the section of the PRIME DASH platform / application consisting of an e-mail address and a password that allow the User to access the provider’s services, to upload / download information available in the platform / application. The User is responsible and will ensure that all information entered when creating the Account is correct, complete and up to date.
Services – any service listed on the Site, platform / application, especially the services of data analysis recorded by the User, generation of graphs, tables, management and administration of financial-accounting documents, transmission of financial information.
Chapter 3 OBJECT OF THE AGREEMENT / CONTRACT FOR THE PROVISION OF SERVICES
3.1 By concluding this contract, the User benefits from the services provided by the Supplier through the PRIME DASH platform / application. The Supplier grants the User a right to use the platform / application for the period of time during which the User has an active account on this platform / application.
3.2 The services that the Supplier provides through the platform / application consist of analyzing the financial statements uploaded by the User in the platform / application. Based on the information provided, the platform / application generates graphs, tables, income / expenditure reports, operating profit rate, operating margin, evolution of income / expenditure over time, profitability thresholds, break-even reports and other such indicators analyzed on the basis of a balance sheet. The enumeration of indicators is not limiting, the provider has the possibility to add or withdraw certain indicators from the application / platform, without prior notice. The calculation tools and indicators available for use are those found when accessing the platform / application, the Supplier is not required to provide certain indicators and cannot be held liable for their absence. The results provided by the platform / application depend exclusively on the information input by the User, it is possible that in instances where the User enters erroneous or incomplete data, the platform / application will not generate certain indicators or may generate erroneous information.
Chapter 4 DURATION OF THE CONTRACT
4.1 The contract is concluded for an indefinite period, starting with the date of account creation or order placement. The User will have access to the platform / application based on an annual, prepaid subscription. With 30 days before the expiration of the subscription, the User will be notified and will have the option to no longer extend this subscription. If the User does not express his refusal to extend the validity of the subscription, it will be automatically extended for another 12 months, and the payment will be made automatically.
4.2 If the User expresses the option to no longer extend the subscription at the end of the subscription validity period, the User’s access to the platform will be allowed until 12:00 o`clock (midnight) of the last day of the subscription validity period. Subsequent access to the account will be conditioned by the purchase of a new subscription based on the tariff and the terms applicable at the time of purchase.
4.3 The Supplier offers the User the possibility to create a free account on the platform / application, its validity being 60 days. At the end of this period, the User will be able to opt for the purchase of a subscription, otherwise the User`s access to the platform will be restricted. Within 12 months from the expiration of the free access period, the User has the opportunity to purchase a subscription, having access to all data recorded during the validity of the free account. If the User does not opt to purchase a subscription, at the end of the 12-month period, the User’s account, together with the data it contains, will be automatically deleted.
4.4. After entering the data required to create the account on the platform / application, the Supplier will send the User, on the e-mail address indicated by the User, an e-mail requesting the activation of the account. If the User does not activate the account within 36 hours of receiving the e-mail sent by the Supplier, the account and the data required for its creation will be deleted.
Chapter 5 CONTRACT PRICE AND PAYMENT METHODS
5.1. The services are offered on the basis of an annual subscription and the User can opt for the subscription they want to purchase, the subscription options being available on the Site / platform / application. The User will pay the annual subscription in a single installment, before activating the account on the platform / application, also authorizing the provider to collect the value of the subscription renewal if the User does not notify the Supplier of his intention to no longer extend the contract and interrupt the subscription. By pre-authorization, the User agrees that the Supplier will use the bank and identification data provided by the User in order to collect the value of an annual subscription.
5.2 The fees charged are those indicated on the site or platform / application at the time of payment. Tariffs may be changed at any time without prior notice except for the tariffs accepted once the order has been placed and payment has been made. Once the annual subscription is purchased, the Supplier does not have the possibility to request additional costs from the User, unless the User wants to upgrade – to purchase additional services – existing on the platform / application or to benefit from additional services.
5.3 The tariff related to the subscription chosen by the User is to be paid on the basis of a tax invoice issued by the Supplier and generated on the basis of the identification data indicated by the User. If the User is legally authorized to represent another legal person, the user has the option to indicate the identification data of the legal person they are representing, in order for them to appear as a beneficiary on the tax invoice. In this case, the responsibility for the veracity of the information provided and the legal capacity of being a representative of that legal person lies entirely with the User.
5.4 Once the account is created on the platform, the User will select the way in which they want to make the payment for the services. The User can access and change the billing information and payment method in the PRIME DASH account management section. The User allows the Supplier to use any updated account information regarding the selected payment method. The User is also required to promptly update the account information, as well as other information, including e-mail address and payment method details, so that the Supplier can complete the subscription renewals and contact the User for any payment issues.
5.5 Payment for the value of the services can be made online, through a payment processor, partner of the Supplier. The responsibility for securing the data connection lies with the processor, and the User`s bank details are required only within the payment processor application. The Supplier is not liable for any damage suffered by the User as a result of making the payment through the payment processor.
5.6 Also, the User has the possibility to pay the value of the services by bank transfer. The activation of the account and the access to the platform / application will take place after the transmission of the proof of payment to the Supplier, and the User takes the entire responsibility for the veracity of the transmitted information. If the verifications show that the payment has not been made or is not registered in the Supplier’s account, access to the platform / application will be restricted until the situation is clarified. The payment of the services in an account other than the one indicated by the provider in the content of the fiscal invoice triggers the restriction of access to the platform / application, and the Supplier has no obligation towards the User.
5.6 Any attempt to defraud the payment of services and / or the provision of false data on the payment of PRIME DASH services may result in civil and / or criminal liability as well as the indefinite prohibition of access to the platform / application.
5.7 The User expressly declares that they understand and agree to waive any right to request reimbursement of payments made for the services of the Supplier. If the User is a natural person acting in their own name in use of the platform / application, they expressly declare that they are waiving the applicable consumer protection stipulations, and expressly waiving the right to request reimbursement of any amounts paid to the provider for the use of the platform / application as well as to exercise the right of withdrawal.
Chapter 6 RIGHTS AND OBLIGATIONS OF THE USER
6.1 By using the services available through the PRIME DASH platform / application, the User takes full responsibility for the data and information provided, including the accuracy of the data entered into the platform / application. Also, by using the platform / application the User expressly declares that the data entered in the platform / application are obtained legally and the User has the legal right to use them.
6.2 The User declares that they are a legal representative of the legal person whose data is uploaded to the platform / application, as well as that the procurement and use of this data, the provision of identification data necessary for billing services and the transmission / copying / use of information generated by the application / platform, lies exclusively under the responsibility of the User. The User takes full responsibility for all data and information uploaded / downloaded from and into the platform / application, as well as for the subsequent use of this data.
6.3 If the User uses the platform / application as a natural person, without being the legal representative of a legal person, the User expressly waives any request for reimbursement of costs charged by the Supplier and also expressly waives any applicable stipulations in the field of consumer protection, the PRIME DASH platform / application being intended exclusively for legal entities.
6.4 The User takes full responsibility for any activity generating damages, civil or criminal, caused as a result of using the PRIME DASH platform / application. The User is responsible for covering any damage caused to the Supplier or other third parties as a result of using the platform / application.
6.5 The User is prohibited from distorting or altering data found / generated in the platform / application. They are also not allowed to use other User accounts / addresses than those owned by the User.
6.6 The User has the right, using a single account on the platform / application, to enter the data belonging to several legal entities that they legally represent. The provisions of art. 6.1, 6.2, 6.3, 6.4, remain applicable.
6.7 The User has the right to extract / export / download / transmit the information generated by the platform / application for their use in relation to third parties, or for the efficient administration of the company they represent. The data usage options are those available through the User account of the platform / application, the User accepting that some data / information cannot be extracted / exported / downloaded / transmitted, these being accessible only on the PRIME DASH platform / application.
6.8 By creating the account, the User grants the right to other Users of the platform / application to access the financial information of the legal person he represents, the User also having the option to transmit information, financial data to consultants or third parties who assess the economic situation of the legal person, based on information generated by the platform / application. The User grants the Supplier the right to process and transmit the information generated by the platform / application to its partners or collaborators, in order to perform analyses and rankings, to generate reports and any other analyses based on financial-accounting information. The financial-accounting data uploaded in the platform / application as well as those generated by the platform / application, do not represent personal data, the stipulations regarding the protection of personal data not being applicable.
6.9 The processing / use of data provided by the platform / application with the purpose of committing crimes entails the sole responsibility of the User, the Supplier having the right to notify the criminal investigation bodies in case the Supplier finds suspicious activities, as well as to suspend the User account until the investigation is completed.
6.10 The User is required to pay the value of the services provided by the Supplier in accordance with the stipulations of Chapter 5.
Chapter 7 RIGHTS AND OBLIGATIONS OF THE SUPPLIER
7.1 The Provider undertakes to allow the User access to the PRIME DASH platform / application throughout the validity of the subscription. The provider grants the User the right to use the services, tools and data generated by the PRIME DASH platform / application. The Supplier grants the User the right to upload data to the platform / application, to download and transmit the information generated by the platform / application, throughout the validity of the subscription.
7.2 The Supplier provides, through the PRIME DASH platform / application, access to financial analysis tools / indices, generates indices / tables / graphs but does not guarantee permanent access to certain indices or indicators. The Supplier is required to grant the User access to indices / indicators, graphs, charts, tables and financial reports existing in the application at the time of accessing it and is not responsible for the modification / alteration / deletion / non-existence / inaccessibility of certain indices / indicators.
7.3 The Supplier undertakes to delete the existing data in the platform / application within 14 days from the request sent by the User to the e-mail address email@example.com. If the User does not explicitly request the deletion of data, it will be automatically deleted within 12 months of the last access to the account.
7.4 The Supplier has the right to collect the value of the annual subscription in advance, using the data initially provided by the User, in the instance where the User does not express their intention to give up the services of the Supplier. Once the subscription has been paid, the User cannot request the cancellation of the subscription, nor the refund of its equivalent value.
7.5 The Supplier has the right to limit access to the platform / application if the Supplier finds actions of the User that indicate a reasonable suspicion of committing crimes. Also, in the instance of discrepancies or delays in the payment of the subscription, the Supplier may limit access until these issues are clarified, without the obligation to extend access to the platform / application.
7.6 The Supplier has the right to transmit the information generated by the platform / application to partners or collaborators, to perform analyses and rankings, to generate reports and any other analyses based on financial-accounting information.
7.7 The Supplier has the right to draw up anonymous reports on the number of Users, existing accounts and to transmit this data to partners / collaborators in order to attract funding or promote its services.
Chapter 8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Supplier owns all intellectual property rights regarding the PRIME DASH platform / application, website www.primedash.com, logo, images, structure and design. The content provided through the PRIME DASH platform / application, the structure, design, images, logo and logos contained therein are owned by the Supplier and are subject to copyright and other intellectual property rights in accordance with Romanian law.
8.2 The Supplier has intellectual property rights over the formulas used in the analysis of the financial statements, the source codes of the platform / application, the site www.primedash.com, the databases and any logical data / operations, which together or separately are the subject of the services provided by the Supplier.
8.3 The “PRIME DASH” mark and its related marks may not be used, copied, recreated, imitated, modified, processed, in whole or in part, in any way that may confuse or suggest an affiliation with the PRIME DASH mark without the written consent of the Supplier.
8.4 The content of the PRIME DASH platform / application and the site www.primedash.com may not be copied, reproduced, used, distributed, displayed, sold, processed, transmitted, licensed without the written consent of the Supplier. Reproduction of the algorithm, software or logical operations which constitute the basis of the PRIME DASH platform / application is prohibited, violation of this provision entails civil and criminal liability, as appropriate.
8.5 Nothing in this Agreement shall be construed, explicitly or implicitly, to give the User any license, marketing, or ownership rights to the content of the PRIME DASH platform / application or related PRIME DASH trademarks.
8.6 Violation of the contractual provisions regarding the use of the trademark and intellectual property rights attracts the civil and / or criminal liability of the User to cover all damages caused.
Chapter 9 CONTRACTUAL LIABILITY
9.1 The User uses the services provided by the Supplier through the platform / application at their own risk. They are responsible for the accuracy of the information / data uploaded to the platform / application, for the legality of obtaining this information / data as well as for the legal authorization to use it. The User is responsible for the consequences or damages caused as a result of the use, uploading, downloading, transmission of data generated by the platform / application.
9.2 The User is solely responsible for the manner and purposes for which they understand to use the platform / application and the data generated by it, the Supplier is not required to cover any damage or to be liable for the User’s actions. The Supplier cannot be held responsible if the User uses the platform / application for illegal purposes.
9.3 The PRIME DASH platform / application is intended exclusively for legal entities, any information generated by the platform / application being intended for internal analysis. The Supplier is not a broker / consultant or financial or investment advisor, the information provided by the platform / application cannot be the basis for purchases, sales or investments, the User or third parties having the obligation to perform their own financial-accounting analysis, to substantiate their actions. The Supplier is not responsible to the User or third parties for the accuracy of the information generated by the platform / application and cannot be held responsible for the loss of a chance, unrealized profit or direct or indirect damages suffered by the User or third parties. The Supplier cannot be held responsible for the non-achievement of the financial indicators or the financial objectives of the User as a result of the implementation of the information generated by the PRIME DASH platform / application.
9.4 The PRIME DASH platform / application is not intended to provide advice or recommendations regarding certain directions of action or strategic decisions taken by the User. The platform / application is intended to provide illustrative demonstrations, using real and hypothetical assumptions and data chosen / entered exclusively by the User.
9.5 The User expressly agrees that the PRIME DASH application / platform is not intended to make presentations to individuals / legal entities regarding the opportunity to invest, buy or sell investments, securities or other products or financial services. Nothing in the content generated by the platform / application includes an offer or a request to buy or sell, it does not offer guarantees or chances of a successful investment. No illustration, diagram, chart or other illustration generated by PRIME DASH is in the nature of professional advice, including, but not limited to, investment or tax advice, profit sharing / distribution, etc. No illustration, diagram, chart or other illustration generated by PRIME DASH is intended to guarantee that the projected results of User-chosen assumptions will be feasible or commercially reasonable. The User assumes all risks associated with the implementation of business decisions based on illustrations designed and implemented by the User, based on information generated by the PRIME DASH platform / application.
9.6 The Supplier is not responsible for the decisions or actions taken by third parties as a result of the presentation to them of information, tables, diagrams, graphs, reports generated by the PRIME DASH platform / application.
Chapter 10 CONFIDENTIALITY
10.1 All parties undertake to maintain the confidentiality of the data as well as not to disclose the information and documents they will hold as a result of the execution of the clauses of this contract.
10.2 All provisions of this Agreement, except for the names of the parties, are strictly confidential and neither party may disclose to third parties any information processed and collected under this Agreement – unless required by law or if, in accordance with the stipulations of applicable law, a State Authority would require this.
10.3 The parties will treat as confidential and will not disclose to third parties` information that they obtain from each other as a result of the execution of this Agreement.
10.4 The guilty party shall be released from liability for the disclosure of information relating to this Contract only if:
– The information was known to one Contracting Party before it was received by the other Contracting Party.
– The information was disclosed after obtaining the written consent of the other Contracting Party, specifically granted for this purpose.
– The Contracting Party was legally obliged, in accordance with the legal stipulations, to disclose the information.
Chapter 11 TERMINATION OF THE CONTRACT
11.1 This contract will end in the following situations:
a) At the request of the User, in case they no longer want the automatic extension of the subscription, 30 days before the expiration of the subscription. The application can be sent by e-mail to firstname.lastname@example.org or operated through the existing account in the platform / application;
b) Within 30 working days from the guilty party receiving the notification of a breached obligation, if the guilty party does not honor its obligations. The guilty party shall be liable to cover all damages caused to the other party for breach of contract.
c) Insolvency, bankruptcy, dissolution of one of the parties.
d) by written agreement of the parties.
Chapter 12 FORCE MAJEURE
12.1 Neither Party shall be liable for non-performance on time and / or improper performance – in whole or in part – of any obligation under this contract if the non-performance or improper performance of that obligation was caused by force majeure.
12.2. Force majeure is any event external to the will of the parties, occurring after the conclusion of the Contract, which is unpredictable, absolutely invincible and inevitable, such as wars, epidemics, pandemics, weather events.
12.3 The Party invoking force majeure is obligated to notify the other Party, within
3 days of the occurrence of the event, and to take all possible measures in order to limit its
consequences. The party invoking force majeure will communicate, within 5
days from the date of occurrence of force majeure, supporting documents issued by the
chamber of commerce and territorial industry or by a public institution with responsibilities in the field affected by force majeure.
12.4 If, within 30 days of occurrence, the event in question does not cease, either Party has the right to notify the other Party of the termination of this contract, without either Party being entitled to claim compensation for damage caused by force majeure.
Chapter 13 LITIGATION
13.1 The interpretation of the contractual clauses, the rights and obligations of the parties as well as the legal effects produced by this contract will be governed by the Romanian law.
13.2 In case of disagreement regarding the execution of this contract, the parties will seek amicable settlement of the dispute. If the parties do not reach an amicable settlement, the settlement of any dispute arising from the execution or interpretation of this contract will revert to the competent courts in the district of Oradea.
Chapter 14 FINAL PROVISIONS
14.1 If one or more clauses of this contract are declared void, the valid clause (s) will continue to take effect, unless the canceled clause (s) is an essential obligation.
14.2 The Contracting Parties may not assign the rights and obligations set forth in this Agreement to a third party without the express written consent of the Assignor.
14.3 The modification of this contract is made only by an additional act concluded between the parties.
14.4 Any notification sent to the supplier will be sent to the e-mail address email@example.com
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